Quebec uses a unique hypothecary recourse process (recours hypothécaire) governed by the Civil Code of Quebec — not the common law system used in the rest of Canada. The typical foreclosure timeline in Quebec is 3-6 months, and homeowners have a mandatory 60-day right to remedy their mortgage default.
In Quebec, foreclosure is fundamentally different from every other Canadian province. Instead of common law foreclosure or power of sale, Quebec uses hypothecary recourses (recours hypothécaires) under the Civil Code of Quebec. The mortgage itself is called a hypothec (hypothèque), and the lender must follow specific Civil Code procedures before taking any action against your property.
The most common path is sale under judicial authority (vente sous contrôle de justice), where the Superior Court of Quebec oversees the forced sale. Before any recourse begins, the lender must serve a 60-day prior notice (préavis d'exercice) — giving you a full 60 days to remedy the mortgage default and stop foreclosure in Quebec entirely.
After missed mortgage payments, your lender sends a formal demand letter (mise en demeure) requesting payment of arrears. This is a pre-legal step — no court involvement yet. This is the best time to act and avoid foreclosure in Quebec entirely.
The lender registers a préavis d'exercice (prior notice of exercise) at the land registry office and serves it on you. This notice identifies the default and the recourse the lender intends to pursue. You have 60 days to remedy the default by paying all arrears, interest, and costs. This 60-day period is your strongest protection under Quebec law.
If the 60-day remedy period expires without resolution, the lender files a hypothecary recourse with the Superior Court of Quebec. The most common recourse is sale under judicial authority (vente sous contrôle de justice), where the court appoints a person to sell the property.
The court authorizes the sale and appoints a person (often a notary or bailiff) to handle it. The property is marketed and sold. The entire process is supervised by the Superior Court of Quebec to ensure fair market value is obtained.
Sale proceeds are distributed according to the priorities established by the Civil Code of Quebec. The hypothec holder (lender) is paid first, followed by any other registered creditors. Any surplus belongs to the homeowner. Under Quebec law, the lender generally cannot pursue a deficiency after a sale under judicial authority.
After the préavis d'exercice is registered, you have a full 60 days to pay all arrears, interest, and costs to stop the foreclosure process in Quebec. The lender cannot take any action during this period.
You can sell your property on the open market at any point before the court-supervised sale is completed. A private sale in Montreal, Quebec City, or anywhere in Quebec almost always yields a better price than a forced sale.
Under the Civil Code of Quebec, when a lender exercises a sale under judicial authority, they generally cannot pursue you for any shortfall. This is a significant protection that homeowners in other provinces do not have.
If the sale of your property generates more than what is owed on the hypothec, the surplus belongs to you. The lender cannot keep your equity — this right is protected under Quebec's Civil Code.
During the 60-day préavis period, pay all arrears plus interest and costs to stop the foreclosure process immediately. This is your strongest right under Quebec law and completely halts the hypothecary recourse.
A private lender can refinance your hypothec based on your home's equity — not your credit score. This pays off the existing mortgage default in Quebec and stops the hypothecary recourse entirely.
List and sell your home privately before the vente sous contrôle de justice is completed. You control the process, achieve a better price, and protect your credit from the full impact of foreclosure in Quebec.
Lenders often prefer to negotiate a payment arrangement (entente de paiement) rather than go through the costly court process. A loan modification or repayment plan can stop foreclosure proceedings in Quebec.
Quebec's hypothecary recourse system is unique in Canada. Here are the most common questions we hear from Quebec homeowners facing mortgage default.
The Quebec foreclosure process (saisie immobilière) typically takes 3-6 months from the registration of the préavis d'exercice. The mandatory 60-day remedy period accounts for a significant portion of this timeline. The exact duration depends on whether you contest the proceedings and how quickly the court-supervised sale is completed.
A préavis d'exercice (prior notice of exercise) is the formal notice the lender must register at the land registry and serve on you before exercising any hypothecary recourse. It triggers the mandatory 60-day period during which you can remedy the mortgage default and stop foreclosure in Quebec entirely.
Generally, no. Under the Civil Code of Quebec, when a lender exercises a sale under judicial authority (vente sous contrôle de justice), they accept the sale proceeds as full satisfaction of the debt. This is a major difference from other Canadian provinces where deficiency judgments are common.
Yes, fundamentally. Quebec uses the Civil Code system (not common law) and its own terminology — hypothec instead of mortgage, hypothecary recourse instead of foreclosure. The 60-day préavis d'exercice, the types of recourses available, and the general prohibition on deficiency judgments make Quebec foreclosure law unique in Canada.
A vente sous contrôle de justice (sale under judicial authority) is the most common hypothecary recourse in Quebec. The Superior Court of Quebec supervises the sale of the property to ensure fair market value is obtained. This is the Quebec equivalent of a court-ordered sale in other provinces.
Yes. Whether you are in Montreal, Quebec City, Laval, Gatineau, or anywhere in Quebec, you have the same 60-day right to remedy your mortgage default. You can also refinance, sell privately, or negotiate with your lender at any point before the court-supervised sale is finalized.
We help homeowners facing foreclosure in cities across Quebec. Select your city for local information.
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