BOYNECLARKE LLP Loan and Mortgage Enforcement Team is nationally recognised as the largest, most experienced, and successful in Atlantic Canada. John S. Fitzpatrick, Q.C., team lead, and Senior Partner Joshua J. Santimaw, oversee a team of Associate lawyers and 30 support staff, providing cost-effective and expeditious recovery throughout Atlantic Canada. Our lawyers have been called to the bar in all four Atlantic Provinces and appear regularly at all levels in their respective courts.
Protecting our clients from reputational risk is paramount to our team and our goal is to save them time and money. When necessary, we have legal agents and third-party service vendors in place throughout Atlantic Canada.
A cornerstone of our success is working within a business model that is unique to each of our client’s needs.
The Mortgage Enforcement Team represents many financial institutions, Trustee’s in Bankruptcy, and mortgage insurers throughout Atlantic Canada. By providing comprehensive file management from inception to third-party sale, we ensure a speedy and effective resolution on a defaulting mortgage.
Routinely we perform the following services:
- Foreclosure (Nova Scotia)
- Power of Sale (New Brunswick, Newfoundland & Labrador, Prince Edward Island)
- Obtain judgments
- Process surplus
- Eviction / Vacant Possession
- Appointment and oversight of Property Management Companies
- Listing and Sale to third parties
- Filing of claims / accounting reports
The Loan Enforcement Team represents many financial institutions, credit card companies, auto finance companies, and mortgage insurers throughout Atlantic Canada. Our team routinely handles a large volume of both personal and commercial loans, while achieving maximum financial recovery. To achieve that, we employ full time, experienced collection agents to service inbound and outbound calls.
Routinely we perform the following services:
- Demands for payment
- Negotiation of debt recovery
- Obtain judgment
- Garnishment of wages
- Seizure of assets
- Sale of Land Under Execution
- Judgment Debtor Exams
- Judgment renewals
- Multi-jurisdictional debt recovery
Should a debtor make an assignment in bankruptcy or file a consumer proposal, we are well versed and positioned to ensure that our clients obtain the best possible recovery. With respect to insolvencies and proposals we routinely perform:
- Transfer of property from Trustee to lender
- Filing of claims with Trustee
- Processing of dividend funds
- Opposing discharges of bankruptcy
- Countering debt avoidance or protest schemes
We provide services in both official languages as required.
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