Quebec runs on the Civil Code, not common law. The lender's remedies are called hypothecary recourses, the mortgage is a hypothec, and a 60-day prior notice is mandatory before the lender can act. Notaries handle much of the process. Slower and more procedural than the rest of Canada.
Internal collections; cure window.
The mandatory 60-day notice registered against the property and served on you. It states which recourse the lender will exercise. Nothing can happen until the 60 days run.
The lender pursues one of: taking in payment (they take the property, debt extinguished), sale by the creditor, or sale under control of justice (court-supervised).
Sale under control of justice requires court oversight; taking in payment over 50% paid-off equity requires court permission.
Property sells or transfers; Civil Code priority rules distribute proceeds.
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Every term in this guide (order nisi, redemption, power of sale) explained in plain English.
What happens when you reach out — from first call to options report.
Quebec runs on the Civil Code: before exercising any hypothecary right on your home, the lender must register a prior notice (préavis) against the property and wait 60 days — and during those 60 days you have the explicit right to remedy the default and stop everything. What happens after depends on which recourse the lender picks, and the difference is enormous:
Sources: Civil Code of Québec, arts. 2748–2794, esp. 2758, 2778, 2782 (LégisQuébec, official consolidation); Éducaloi (educaloi.qc.ca, checked 2026-10-01). General information, not legal advice — Quebec civil law especially rewards a real lawyer.
Under the Civil Code, the lender must register a prior notice (préavis) and wait 60 days before exercising a hypothecary right on your home. You can remedy the default during that window and stop everything.
The lender takes ownership of the property and the debt is extinguished — no deficiency can be claimed. But this applies only to taking in payment: if the lender instead sells the property, a shortfall can still be claimed against you.
Yes. If you had discharged half or more of the obligation when the notice was registered, the lender needs court authorization to take in payment — unless you voluntarily surrender the property. Never sign a voluntary surrender under pressure.
Typically 6 to 12 months. The procedure is rigid and registered — which cuts both ways: it is slower, but deadlines are unforgiving.
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Every legal fact on this page verified against Civil Code of Quebec, arts. 2748-2794 (LegisQuebec) · last verified 2026-10-01 · general information, not legal advice.
Note: This guide is general information about Quebec foreclosure procedure, not legal advice. Timelines are typical ranges, not guarantees — individual files vary with court schedules, lender behaviour, and how you respond. For advice on your situation, consult a lawyer licensed in Quebec. Foreclosure Support is operated by a Canadian private real estate investor — not a lender, lawyer, or government agency.