Alberta Real Estate Licensing Exam Practice · Question
An Alberta property owner has defaulted on their mortgage. The lender initiates foreclosure proceedings. What is the standard legal process in Alberta for a lender to recover the outstanding debt when a borrower defaults on a mortgage?
In Alberta, which operates under the Torrens system of land registration, mortgage foreclosure typically involves a judicial sale. The lender must apply to the
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Question: An Alberta property owner has defaulted on their mortgage. The lender initiates foreclosure proceedings. What is the standard legal process in Alberta for a lender to recover the outstanding debt when a borrower defaults on a mortgage?
Answer options:
- The lender automatically takes possession of the property and sells it privately. ✅ The lender must obtain a court order for judicial sale to sell the property.
- The property reverts to the provincial government under the Land Titles Act.
- The borrower can declare bankruptcy, and the mortgage is automatically discharged.
Correct answer: The lender must obtain a court order for judicial sale to sell the property.
Explanation: In Alberta, which operates under the Torrens system of land registration, mortgage foreclosure typically involves a judicial sale. The lender must apply to the Court of King's Bench for an order to sell the property and recover the debt from the proceeds.
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