POWER OF SALE : How it goes wrong from both sides

What actually happens when a mortgage goes into default — and what can go wrong once a lender starts enforcement?

Power of sale can look straightforward on paper.

In the real world, it can become anything but.

Improper notice. Multiple lenders. Tenants. Title issues. Refinancing attempts. Legal challenges. Default interest. Months of delays. And sometimes a property with less and less equity remaining as everyone waits for the situation to resolve.

Join us for an engaging, practical discussion about power of sale from BOTH sides — the lender trying to recover their money and the borrower trying to protect their property, equity and remaining options.

This isn't just theory.

We'll look at real enforcement files, real delays and the lessons investors can take from them.

Known as “The REI’s Lawyer,” Shawn Quigg has built his practice around one conviction:

Investors don’t need more legal complexity.

They need structure that makes growth safer and execution more predictable.

Shawn's legal practice has a deliberate focus on the real estate investor community. Through investor platforms, industry channels and educational events, he addresses the legal landmines that often emerge as portfolios grow, including:

• Mortgage enforcement and power of sale
• Joint venture disputes
• Promissory note failures
• Entity and ownership mismatches
• Private lending problems
• Legal structures that don't hold up when they're finally tested

His goal is practical education for investors who are already building and need their legal foundation to keep pace.

That investor-first perspective shapes how Shawn approaches legal work. He looks at a file much the way a sophisticated investor approaches a deal — with attention to systems, structure, early risk identification and what will hold up over time.

Shawn remains active in the real estate investor ecosystem through education, community involvement and the professional relationships that keep his practice connected to the market it serves.

During this interactive session, Shawn will cover:

How lenders can lose before they even start — including notice and service requirements under Ontario's Mortgages Act, who may need to be notified beyond the borrower, and how mistakes at the beginning of an enforcement can create months of delay

How borrowers buy time — what actually creates delays during mortgage enforcement and the legal and financial realities of doing so

The real cost of delay — including default interest, legal expenses and the equity that can disappear while an enforcement drags on

How to distinguish between strategically buying time to complete a refinance or sale and simply postponing the inevitable while burning through equity

We'll take a closer look at two actual files Shawn's firm handled:

• One enforcement delayed approximately 13 months
• Another enforcement delayed approximately 7 months

What created those delays?

What happened during that additional time?

And what did the entire situation look like from the lender's side of the table?

These real-world examples will help show how different the enforcement process can look in practice compared with what investors might expect on paper.

Thinking about buying one?

We'll discuss what you're actually getting when the vendor is a mortgagee — and why purchasing under power of sale isn't necessarily the same as buying from an ordinary homeowner.

Topics will include:

Title considerations
Existing tenants and occupancy
Vacant possession and possession issues
Property condition and representations
Problems that can surface after conditions have already been waived

What happens when you're the second mortgagee and the first lender controls the position ahead of you?

Shawn will discuss:

Enforcing a second mortgage behind a first you don't control
How competing mortgages and other encumbrances affect enforcement
How sale proceeds are distributed according to priority
What happens when there isn't enough money to repay everyone
How a potential deficiency can affect both lender and borrower

This session is ideal for:

• Real estate investors
• Private mortgage lenders
• Borrowers using private financing
• Mortgage professionals
• REALTORS®
• Investors considering power-of-sale opportunities
• Anyone lending or borrowing money secured against real estate

You'll also have the chance to connect with like-minded real estate investors, lenders and professionals in a relaxed, conversation-driven setting — perfect for learning, networking and exchanging ideas.

Bring your questions.

If you've lent privately, borrowed privately, dealt with a mortgage in default or considered buying a power-of-sale property, this is a conversation you'll want to be part of.

Wednesday, September 30th
6:00pm - 8:00pm
The Wortley Roadhouse, 190 Wortley Rd, London, ON N6C 4Y7

FREE to attend

(We simply ask that attendees support the venue by ordering food or beverages so we can continue hosting events like this at no cost.)

Seating is limited.

Power of sale is one of those areas of real estate investing where understanding the rules BEFORE something goes wrong can make an enormous difference.

Reserve your seat now:

Come out Wednesday, September 30th and hear what power of sale actually looks like when things don't go according to plan.

Learn from the lender's side.

Understand the borrower's options.

And find out what investors should know before lending money — or buying the property that comes out the other side.

Reserve your seat at the table today.