Can I Fight a Foreclosure in Court in BC?

Can I Fight a Foreclosure in Court in BC?

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Can I Fight a Foreclosure in Court in BC?

Yes, in many cases you can respond to and challenge parts of a foreclosure in court in British Columbia. Foreclosure in BC is handled through the Supreme Court, which means judges review the lender’s request and your side of the story before making orders. You are not expected to go through this alone, and getting help early is important.

The Mansour Real Estate Group works with homeowners across Surrey, Langley, Delta, White Rock, and Abbotsford who are involved in foreclosure proceedings. While lawyers handle the legal side, we help with the real estate decisions that often make the biggest difference to your financial outcome.

How Foreclosure Reaches the Court

Foreclosure usually reaches the court after:

  • Missed mortgage payments
  • A demand letter from the lender
  • The lender filing a foreclosure petition in the Supreme Court of BC

Once the petition is filed, you will receive court documents that explain what the lender is asking for and when you need to respond.

How You Can Respond in Court

Homeowners often have the right to respond to a foreclosure petition. This is usually done by filing a response and attending court hearings. A lawyer can explain what is realistic in your situation. Common issues that may be raised include:

  • Disputes about the amount claimed by the lender
  • Requests for more time to sell the property
  • Requests for a longer redemption period
  • Questions about how the lender has handled the file

The court will listen to both sides before making decisions.

What the Court Can Consider

In foreclosure cases, the court may consider:

  • Whether the lender has followed proper procedures
  • Whether the amount claimed is accurate
  • Whether you have a realistic plan to pay or sell
  • How much equity is in the property

This is why having a clear plan, including a sale strategy if needed, can help you present a stronger position.

Can You Stop Foreclosure Completely?

In some situations, foreclosure can be stopped or delayed if:

  • You catch up on payments or reinstate the mortgage
  • You refinance and pay out the lender
  • You sell the property and pay the mortgage from the sale

Courts often give homeowners time to try these solutions, especially if there is equity in the property and a serious plan in place.

Why Legal Help Is Important

Fighting foreclosure in court involves legal rules and deadlines. A lawyer can:

  • Explain your rights and obligations
  • Help you file responses on time
  • Speak for you in court
  • Negotiate with the lender’s lawyer

In some cases, Legal Aid or community legal clinics may be able to offer guidance if you qualify.

How Mansour Real Estate Group Fits Into This

We do not give legal advice. Instead, we help with the real estate side, which is often a key part of resolving foreclosure. We can:

  • Provide a clear and honest market evaluation
  • Help you understand what your home might sell for in today’s market
  • Create a fast and strategic listing plan if selling is your best option
  • Work alongside your lawyer or financial advisor as part of your plan

Judges often want to see that you have a realistic path, and a well prepared sale strategy can be an important part of that.

Frequently Asked Questions

Can I ask the court for more time?
In many cases, yes. Your lawyer can ask the court for more time to sell or resolve the debt, especially if there is equity and a serious plan in place.

Can I challenge the amount the bank says I owe?
If you believe the amount is wrong, you should speak with a lawyer. They can help you raise this issue in the proper way.

Can I fight foreclosure and still sell my home?
Yes. Many homeowners respond in court while also listing the property for sale to protect their equity.

Who should I talk to if I want to fight foreclosure?
You should speak with a lawyer about your legal options. The Mansour Real Estate Group can help with the sale strategy that often supports your legal plan.

Final Word

Fighting foreclosure in court in BC is possible, but it requires a clear plan and the right support. Legal professionals handle the court process, while real estate professionals help protect your equity through a smart sale. If you are involved in foreclosure and unsure what to do next, the Mansour Real Estate Group can help you understand your real estate options and work alongside your legal team.

About Mansour Real Estate Group

The Mansour Real Estate Group, led by Mohamed Mansour, MBA and Associate Broker, is a top real estate team with over 21 years of experience and more than $750 million in completed sales. We specialize in complex and time-sensitive situations, including foreclosure-risk and court-related property sales, across Surrey, Langley, Delta, White Rock, and Abbotsford.

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