Recent Blog Posts by the Lawyers at Hendrix Law

Mistaken Discharge of Mortgage
Author: Denise M. Hendrix
Posted: January 30, 2019

In a recent appeal decision, the Court of Queen’s Bench has prevented borrowers from taking a $200,000 windfall from a mistake by a mortgage. Read More

Continued payments of a borrower during and after Bankruptcy - does it release a personal covenant?
Author: Denise M. Hendrix
Posted: October 26, 2018

Continued payments of a borrower during and after Bankruptcy - does it release a personal covenant? Read More

What the heck happened to the Fair Trading Act!!!!
Author: Denise M. Hendrix
Posted: September 17, 2018

Alberta’s mortgage lenders will need to prepare for significant changes to consumer protection legislation which are scheduled to come into force in January 2019. Read More

Enforceability of administration fees and options when there is damage to mortgaged properties on possession
Author: Jennifer Blanchard
Posted: March 12, 2018

Several recent court decisions have provided clarity on areas of law of interest to lenders, including the enforceability of administration fees and options when there is damage to mortgaged properties on possession. Read More

Limitations issues after adverse court decision
Author: Jennifer Blanchard
Posted: February 12, 2018

A recent Court of Queen’s Bench decision offers some insight into the when limitations begin to run for alternative claims made after a debtor’s main security has failed. Currie v. Craig (2018 ABQB 46), a decision of Justice Hunt McDonald, is a rare limitations decision in the foreclosure context. Read More

Marriage breakdown and your mortgage
Author: Jennifer Blanchard
Posted: January 19, 2018

One of the most common reasons for a failure to make mortgage payments is the breakdown of a marriage or common-law relationship. Marriage and relationship issues come right after job losses on the top reasons why homeowners default on their mortgage. Read More

Notices of Security Interest - Does my Mortgage have priority or Not?
Author: Denise M. Hendrix
Posted: October 27, 2017

Mortgage Lenders generally assume their mortgage security extends over all of the fixtures in a mortgaged home. That is not always the case. Notices of Security Interest (NOSI) are a way that other creditors can give notice that they claim a higher-priority interest over certain fixtures in a home. Mortgage Lenders need to be aware of when another Creditor may claim a competing priority over a fixture in a home. Read More

Buying a house in foreclosure
Author: Denise M. Hendrix
Posted: October 10, 2017

If you read news or watching house-hunting TV shows, you may hear about people buying houses at a great deal, “fire sale” price because they bought a house in foreclosure. Read More

Mortgage registered for more than was advanced?
Author: Denise M. Hendrix
Posted: June 19, 2017

Don't despair. There is assistance. The Land Titles Act was created to give borrowers a way out of mortgages registered for more than was advanced when you have asked the Bank/Lender to advance the further funds registered and they have refused. Read More

Withholding tax required for non-resident defendants
Author: Denise M. Hendrix
Posted: April 27, 2017

This case confirmed that a Purchaser of property from a Court Ordered sale has liability for withholding 25% of sales proceeds pending clearance from Revenue Canada where a Defendant is a non-Canadian resident. Read More

Supreme Court of Canada on implied consent for information statements
Author: Denise M. Hendrix
Posted: March 21, 2017

Please see this link for the most recent decision from the Supreme Court of Canada on implied consent and the ability to provide information statements under PIPEDA. I will speak to this decision as it relates to Alberta only. Read More

Appeal Court protects equity for subsequent encumbrancers
Author: Jennifer Blanchard
Posted: March 16, 2017

In a decision from last fall, the Alberta Court of Appeal upheld a judge’s order that preferred a sale of a property in foreclosure over transferring title to the highest priority lender, where that sale generated surplus funds for other creditors.Read More
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Our core legal practice areas are:

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  • wills and estates
  • and civil litigation
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