Missing a mortgage payment can have a detrimental effect on your credit score, and if you continue missing your mortgage payments, your lender may even proceed with a power of sale or foreclosure. Read below to find out the consequences of missing a mortgage payment, and what to do if you are going to miss a payment or have already missed a payment.
Most lenders in Canada give a grace period of 15 days, which means that the payment is not considered missed if you pay up within this time. After the 15-day period, the lender can take legal action against you. However, in most cases, lenders don’t take legal action until about 90 days from the date of a missed payment.
Power of sale means that the lender has the power to sell your property if you stop making mortgage payments. Power of sale is applicable in Ontario, Prince Edward Island, New Brunswick, and Newfoundland and Labrador. Typically the lender will give you written notice before initiating a power of sale and you have the opportunity to stop the process by bringing your mortgage back into good standing or to pay it off during the notice period. After the lender sells the home, the money left over after the mortgage and fees are paid off goes to the homeowner. At the same time, if the sale does not recover the mortgage and selling fees, the homeowner will be on the hook to pay the shortfall.
In Quebec, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, and the 3 territories, the process of foreclosure is carried out instead. This is a lengthier process than the power of sale. The lender needs to go to the civil court and get a foreclosure order that transfers the title and right of the home to the lender. The lender can now sell the home and keep the profit or bear the loss of the sale.
In Canada, most lenders give the borrower a grace period of 15 days before being considered as missed. If you make the payment within the grace period, you are not charged the late payment fee. If you don’t make any payment within 30 days of the payment due date, the lender will report a missed payment to credit bureaus. The missed payment will appear on your credit report and negatively impact your credit score.
If you miss a payment and make a payment as usual in the following month, the payment will be considered a late payment for the previous month. This payment will not be considered an on-time payment, and you will be charged a late fee for this payment. Every payment you make after this will be considered a late payment for the month before, and you will be charged a late payment fee each month. This is known as rolling late. You could avoid this situation by making a double payment or talking to your lender. The lender might let you defer or skip one payment and continue your payments from the following month.
Most lenders will give you an opportunity to get your payments on track before proceeding to foreclosure. Most lenders do not proceed to take any legal action for about 90 days from the date of your first missed payment. Instead, they will send you reminder letters after 30, 60, and 90 days. If you keep missing your payments, and do not respond to their letters, the lender will likely proceed with the foreclosure process after 90 or 120 days have passed.
Keeping your lender in the loop is key to reducing the consequences of a missed mortgage payment. If you think you are going to miss a mortgage payment, you should immediately talk to your mortgage lender.
Most lenders will work with you and offer you a solution if you talk to them before you miss a payment. Lenders prefer to avoid foreclosures and are more likely to cooperate and compromise before you have defaulted rather than after you have missed a payment. They may even reduce or forgive your late payment penalty if you are going to pay up soon or offer you an alternate payment plan if you are experiencing financial hardship.
You must also determine if your problem is temporary or if you are likely to miss payments going forward as well. For a short-term issue, the lender may offer you a solution, such as skipping a payment or a mortgage deferral, allowing you to defer the payments for a specific amount of time.
If you are experiencing financial hardships due to an issue such as loss of job, illness or injury which is likely to impact you for a long time, the lender may offer you solutions such as extending your amortization period, which would allow you to make smaller payments for a longer duration of time. Some other solutions include interest-only payments, mortgage capitalization, second mortgages, mortgage refinancing, and more.
If you have already missed a payment, you still have options to get back on track. You could do the following when you miss a payment.
If you missed your payment and have not contacted your lender yet, you should do that as soon as possible. If you don’t do that, the lender will definitely contact you. You should not avoid talking to the lender and rather work with them to find a solution. The lender will want to discuss the issue and offer you repayment options. Foreclosure is usually the last option for lenders, and most lenders will offer you multiple options before going for foreclosure.
As discussed earlier, if you miss a payment and then start paying as usual from the next month, every payment will be considered a late payment for the previous month and accrue late fees. Avoid this by informing your lender in advance as most lenders offer the option to skip-a-payment.
If you think you will not be able to pay your monthly payments going forward due to a sudden change in your financial situation, you should take advice from a lawyer or mortgage broker. It may be better to sell your home rather than go into foreclosure or bankruptcy, as they can severely damage your credit score. It could take you several years to rebuild your credit in such a situation.
To maintain your mortgage in good standing, you must make your mortgage payments on time. However, if you are unable to make a payment and are afraid you will miss the payment, you should contact your lender at the earliest and discuss your options. Missed mortgage payments can have serious consequences, and you may also end up losing your home. Additionally, your credit score can be majorly impacted, and you could spend years rebuilding your credit.
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