McNicol Land Foreclosures

In Alberta, a foreclosure is a legal process where a lender takes possession of a property (including land, farms, or acreages) when the borrower defaults on their mortgage payments. Alberta follows a judicial foreclosure process requiring court approval.

Unlike some provinces, Alberta primarily uses judicial foreclosures rather than power of sale:

• Foreclosure: Lender takes ownership through court process (common in Alberta)
• Power of Sale: Lender sells property without taking ownership (rare in Alberta)

The Alberta foreclosure timeline for land and farms typically takes 6-12 months:

1. 3+ months of missed payments (default)
2. 45-day notice period
3. Court proceedings (3-6 months)
4. Redemption period (6 months for agricultural land)

Alberta's Law of Property Act provides special protections for agricultural land:

• Standard property: 6 month redemption period
• Farmland: Extended to 12 months in some cases
• During redemption: Original owner can reclaim property by paying full debt + costs

Distress sales occur when rural property owners sell quickly due to financial pressure, often below market value. These differ from foreclosures as they're voluntary sales to avoid foreclosure proceedings.

A court-ordered sale of agricultural property where:

• The court supervises the sale process
• Property is sold to the highest bidder
• Proceeds first pay the mortgage, then other creditors
• Any remainder goes to the original owner

Yes, through pre-foreclosure sales (called "lender approvals" in Alberta):

• Banks often sell distressed properties at 70-90% of market value
• No court process required
• Faster closing than foreclosure purchases
• Subject to bank approval and due diligence

Key considerations for Alberta rural foreclosure purchases:

• No title insurance: Foreclosures often sold "as is"
• Environmental issues: Farmland may have contamination
• Tenancy rights: Existing leases may transfer to new owner
• Redemption risk: Original owner could reclaim property
• Zoning changes: Agricultural land use restrictions