We have a tremendous amount of experience conducting secured and unsecured collections in Atlantic Canada.

BOYNECLARKE LLP’s Mortgage Enforcement & Collections Team represents chartered banks and other financial institutions for the collection of secured and unsecured retail debt. The Team also represents trustees in bankruptcy for matters pertaining to retail insolvency. BOYNECLARKE LLP’s experienced Team provides expeditious and cost-effective recovery.

Currently, we are the exclusive agents for several financial institutions (including two chartered banks), and perform collections for a number of other credit card providers. We have successfully processed thousands of unsecured collection files in Atlantic Canada. We have also represented for several years mortgage insurers for whom we are responsible for enforcement and collection on their deficiency judgments and have conducted unsecured collection work. 

As a result of our larger collection practice we have an extensive infrastructure in place with legal agents, third party service vendors, and sheriffs that we can leverage. Depending on the clients’ needs we adopt a business model most appropriate for each client. 

How We Can Help

We advise creditors with respect to their rights and advocate on their behalf to maximize recovery.

The Mortgage Enforcement & Collections Team is chaired by John S. Fitzpatrick, Q.C., who has 25 years of recovery experience. The team has three additional lawyers (one partner and two associates) and 23 paralegals who work exclusively on Creditor Recovery matters. The paralegals collectively have over 75 years combined experience in credit recovery. From our vast experience over the years we have modified our approach to the practice and staffing to achieve maximum recovery. 

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Areas of Focus

Collections

It is a common occurrence for a business to be faced with the situation of having delinquent accounts on its record book. Debt collection can be a difficult and unpleasant process. Our team combines knowledge, experience and strategy acting on behalf of creditors for the efficient recovery of outstanding debts.

Foreclosure

The foreclosure process is court-supervised and costly. We act on behalf of some of the leading financial institutions in the province including banks, mortgage lenders, credit unions, and other financial institutions in the foreclosure process. Because the foreclosure process is heavily supervised by the court, creditors require an experienced team of lawyers and paralegals. 

Insolvency

We have acted on behalf of creditors in many of the major insolvencies that have occurred in Nova Scotia. Our Team has extensive experience representing secured creditors. We act on behalf of some of the leading financial institutions in the province including banks, mortgage lenders, credit unions, and other financial institutions. In these representations, our efforts are focused on the realization of indebtedness, recoveries, and workouts.

Institutional Secured Debt Recovery

We realize that a critical part of recovering secured debt is knowing when to enforce the security. This is particularly important in Nova Scotia where the recovery of a debt secured by a mortgage is governed by the common law of foreclosure as opposed to the power of sale process used in most other jurisdictions in Canada.

In addition to enforcing secured debt over real property, we also enforce PPSA security over chattels. This recovery process is covered by the Personal Property Security Act.

Institutional Unsecured Debt Recovery

We are experienced in collecting unsecured retail debt. This debt can relate to any number of debt instruments such as loans, credit cards, etc. This service can be provided on a contingency-fee basis (in the appropriate circumstance) or non-contingency fee basis, depending on the request of the creditor.

Power of Sale

Failing to pay your mortgage is never a good situation for all parties involved (borrower and lender). If a person fails to pay their mortgage the lender has right to take legal action. Power of Sale is a process that allows the lender to get back their losses through sale of the property. Conducting a Power of Sale is complicated and must be done carefully otherwise the borrower can challenge the sale. To avoid having the sale challenged we ensure that the proper procedures are strictly adhered to with respect to notices and time periods. The benefit of Power of Sale is that it is more efficient and cost effective as it does not require lengthy court proceedings. It is best to seek legal advice during this complicated legal process. We act on behalf of lenders to reclaim the money they’ve lost.

Mortgage Enforcement & Collections Team of Lawyers

Luke C. Godin

(902) 460-3404

Ian D. Brown

(902) 460-3425

John S. Fitzpatrick, Q.C.

(902) 460-3420

Joshua J. Santimaw

(902) 460-3451

Doug W. Schipilow

(902) 460-3474

Tracy S. Smith

(902) 460-3436

Andrew S. Wolfson, Q.C.

(902) 460-3415

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