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NAVIGATING ONTARIO’S MORTGAGE DELINQUENCIES: UNDERSTANDING RISING DELINQUENCIES AND ONTARIO’S MORTGAGE CRISIS

mortgage delinquencies

Mortgage Delinquencies Introduction

Have you been keeping up with your bills lately? You might have spotted a troubling trend in financial news. More and more Ontario homeowners are trying to keep up with their mortgage payments. Last quarter alone, over 11,000 mortgage delinquencies were recorded—nearly triple what we saw back in 2022!

I’ve been watching this situation unfold with growing concern. Homeownership has long been considered a cornerstone of financial stability, but that foundation seems increasingly shaky for many families.

In this Brandon’s Blog post, I’m digging into Ontario’s current mortgage crisis to uncover what’s behind these alarming numbers and share some insights that might help if you’re feeling the pinch.

Current State of Mortgage Delinquencies in Ontario

The numbers don’t lie, and they’re pretty sobering. Over 11,000 mortgage delinquencies in just one quarter (Q4 2024) represent almost three times what we saw in 2022. I was shocked when I first came across these statistics.

To put this in perspective, we’re looking at a 50% increase in delinquencies compared to pre-pandemic levels. For homeowners, this signals potentially rough waters ahead. From what I’ve gathered, the primary culprits behind this crisis are the rapid rise in interest rates combined with the sky-high home prices we saw during the pandemic.

  • 11,000 mortgages overdue in Q4 2024
  • 50% jump from pre-pandemic levels

The Bigger Picture

Equifax Canada recently reported a significant uptick in missed payments. But these aren’t just abstract numbers—they represent real families facing financial hardship. Rebecca Oakes, VP of Advanced Analytics at Equifax, put it well when she said:

“The rise in missed payments indicates deeper financial strains among consumers.”

Her words hit home for me. I’ve spoken with several homeowners who bought during the pandemic using variable interest rate mortgages. Many told me they expected rates might rise eventually, but nobody anticipated how quickly they’d shoot up. The result? Most of their monthly payments now go toward interest, with barely anything chipping away at the principal. These families have had to slash their spending and implement strict budgeting just to stay afloat.

The Ripple Effect

Ontario has seen a particularly troubling 90% increase in homeowners falling behind on mortgage payments by 90 days or more—outpacing similar trends in Quebec and British Columbia. Mortgage delinquencies reflect broader economic challenges affecting many households.

For example, the 90-plus day non-mortgage delinquency rate in Ontario jumped by 46.1%. This surge in payment struggles points to a larger issue with non-mortgage debts as well. Consumer debt in Canada has now reached an eye-watering $2.56 trillion, up 4.6% from 2023. That’s an enormous burden for families to carry.

mortgage delinquencies
mortgage delinquencies

Mortgage Delinquencies: What Lies Ahead?

Looking forward, I’m particularly concerned about the wave of mortgage renewals on the horizon. Over 1 million fixed-rate mortgages will come up for renewal in 2025. Many of these were secured when the Bank of Canada’s overnight rate was below 1%—now it stands at 3%. Based on my research, about a quarter of homeowners expect their monthly payments to increase by at least $150 when they renew. Can you imagine suddenly having to find an extra $150+ every month in an already tight budget?

With economic uncertainties looming, understanding your mortgage options becomes crucial. If you’re struggling, please don’t suffer in silence. Financial advice, deferral programs, or support from family and lenders can make a significant difference. In these challenging times, thoughtful financial planning is more important than ever.

As market conditions shift, I expect many distressed homeowners will soon be looking to sell. It’s a tough reality, but awareness and preparation can help navigate these turbulent waters.

Mortgage Delinquencies: Understanding Mortgage Delinquency vs. Default

Definitions and Key Differences

Throughout my years working with homeowners, I’ve noticed considerable confusion between mortgage delinquencies and defaults. Though related, they represent different stages of payment issues with distinct implications.

Mortgage Delinquency happens when you miss a scheduled payment or can’t make the full amount by the due date. Most mortgage agreements include a grace period—typically about 15 days—during which you can still make the payment without being considered delinquent. Once this grace period expires without payment, your mortgage enters delinquency status.

Delinquency is measured in days (30, 60, and 90 days delinquent) and represents the earliest stage of payment problems. It’s an early warning sign but is relatively common and often temporary. I’ve seen many homeowners experience short-term delinquency due to unexpected expenses, simple administrative errors, or temporary income disruptions.

Mortgage Default is more serious and occurs when you’ve failed to comply with your mortgage agreement terms for an extended period. In Canada, a mortgage is typically considered in default when payments are 90+ days past due, though this can vary by lender and province.

Default signals a fundamental breakdown in your ability or willingness to meet mortgage obligations. While delinquency can often be resolved with catch-up payments, default usually requires more significant intervention such as loan modification, forbearance, or in severe cases, power of sale proceedings.

The progression from delinquency to default isn’t automatic—many delinquent mortgages never reach default status as homeowners recover financially or make arrangements with their lenders.

The legal consequences differ significantly between delinquency and default, with much more severe ramifications once a mortgage enters default status. In Ontario, the Mortgages Act governs.

Legal Implications of Delinquency:

  • Credit Reporting: Mortgage delinquencies typically hit your credit bureau once a payment is 30 days late, damaging your credit score. This impact grows the longer the delinquency continues.
  • Late Fees: Lenders can charge late fees as outlined in your mortgage agreement, usually a percentage of the overdue payment or a flat fee.
  • Collection Activities: Expect contact from your lender through phone calls, emails, and formal notices as they try to resolve the situation.
  • Notice of Arrears: In Ontario, lenders may send a formal Notice of Arrears once you miss a payment, documenting the delinquency.

Legal Implications of Default:

  • Notice of Default: Once in default, your lender can issue a formal Notice of Default or issue a Notice of Sale Under Mortgage — the first step toward potential sale or foreclosure.
  • Power of Sale Proceedings: Ontario residential mortgages include Power of Sale provisions. After the time indicated in the mortgage, which can be as little as 15 days after default in making any payment provided for by the mortgage, lenders initiate these proceedings. They then must allow the 45-day statutory redemption period to expire before taking any other action.
  • Acceleration Clause: Upon default, lenders can trigger the acceleration clause in your mortgage agreement, making the entire mortgage balance due immediately rather than just the missed payments.
  • Property Seizure: Default can ultimately lead to the lender taking possession of your property through foreclosure or selling it through Power of Sale proceedings.
  • Deficiency Judgments: If selling your property doesn’t cover the outstanding mortgage balance (including additional default interest, fees and costs), the lender may pursue a deficiency judgment against you for the remaining amount.
  • Legal Fees: As a defaulting borrower, you’re typically responsible for all legal fees and costs associated with default proceedings, which can substantially increase your debt.
  • Long-term Credit Implications: Mortgage default can haunt your credit report for up to 7 years in Canada, severely limiting future borrowing opportunities.

If you’re facing potential delinquency or default, I strongly recommend early consultation with your lawyer and even with a Licensed Insolvency Trustee. Although an insolvency process normally does not deal with secured creditors like a mortgagee, it may be that your financial problems also stretch to unsecured creditor problems, like credit card debt. The Licensed Insolvency Trustee can guide you through options like consumer proposals or other debt relief measures that might help avoid the worst consequences. Eliminating your unsecured debt could be the answer to saving your home.

mortgage delinquencies
mortgage delinquencies

Factors Contributing to Mortgage Delinquencies

Increasing Consumer Debt Levels

From what I’ve seen firsthand, Ontario homeowners are under unprecedented pressure as consumer debt continues to climb. Recent Statistics Canada data shows that the average debt-to-income ratio for Ontario households has reached concerning levels. Many homeowners I’ve spoken with are juggling multiple debts alongside their mortgages—credit cards, car loans, lines of credit, you name it.

This debt stacking creates a precarious situation where even minor income disruptions can trigger a cascade of payment problems. When you’re already allocating a significant chunk of your income to various debts, mortgage payments—typically the largest financial obligation—become increasingly difficult to manage.

I’ve also noticed that the recent proliferation of “buy now, pay later” services and easily accessible credit has further complicated matters. Many homeowners find themselves servicing high-interest short-term debts, diverting funds that would otherwise go toward their mortgage.

Post-pandemic Underwriting Practices

The COVID-19 pandemic created unique conditions in the mortgage market that are now contributing to rising delinquency rates. During the pandemic, many lenders adopted more flexible underwriting standards as interest rates hit historic lows and property values soared.

These pandemic-era mortgages were often approved based on temporarily inflated property valuations and artificially low interest rates. Now that the market is normalizing, homeowners who purchased at the peak face the dual challenge of potentially underwater mortgages and less favourable refinancing options.

Additionally, income verification procedures are sometimes relaxed during the pandemic, particularly for self-employed borrowers or those with non-traditional income sources. Some homeowners were approved for mortgage amounts that, in retrospect, exceeded their sustainable debt capacity.

The aftermath of these lending practices is becoming evident as more homeowners struggle with payment obligations that seemed manageable under different economic conditions.

Rising Costs of Variable-Rate Mortgages

Perhaps the most significant factor driving mortgage delinquencies in Ontario has been the dramatic impact of interest rate increases on variable-rate mortgages. Many homeowners who opted for variable-rate products during the low-interest environment now face substantially higher monthly payments.

To put this in perspective, I recently worked with a family with a $500,000 variable-rate mortgage who secured their loan when rates were near historic lows. They’ve seen their monthly payments jump by nearly $700 as rates climbed. This kind of payment shock has devastated household budgets already stretched thin by inflation in other essential spending categories.

The situation is particularly challenging for first-time homebuyers who entered the market with minimal down payments and maximum amortization periods. These borrowers typically have less equity cushion and fewer options for refinancing or restructuring their debt.

As the trigger rate phenomenon continues to affect variable-rate mortgage holders, many borrowers are discovering that their payments are covering only interest, with no principal reduction occurring. This realization often leads to financial distress and, ultimately, mortgage delinquency if intervention measures aren’t taken promptly.

Mortgage Delinquencies: The Impact of Economic Conditions on Mortgages

Effects of Inflation on Consumer Behaviour

Inflation has emerged as a critical factor influencing mortgage outcomes across Ontario. I’ve watched as the persistent rising inflation rates over the past two years have fundamentally altered how homeowners prioritize spending and manage mortgage obligations.

When inflation drives up the cost of necessities like food, utilities, and transportation, homeowners face difficult financial trade-offs. Many families I’ve counselled find themselves allocating an increasingly larger portion of their income to basic needs, leaving less for mortgage payments. This reprioritization of expenses often happens gradually, with homeowners first cutting discretionary spending before falling behind on secured debt payments.

The “payment hierarchy” theory suggests that consumers typically prioritize payments in order of immediate necessity and consequences. Historically, mortgage payments ranked high in this hierarchy due to the fundamental importance of housing security. However, when inflation significantly impacts essential expenses, I’ve seen this hierarchy shift, with some homeowners choosing to meet immediate needs over making their full mortgage payment.

Bank of Canada statistics indicate that households facing inflation pressures without corresponding income growth are approximately 30% more likely to experience mortgage delinquency. This relationship becomes particularly pronounced when inflation outpaces wage growth for consecutive quarters, as we’ve seen in many regions of Ontario.

Another inflation impact I’ve observed is the reduction in financial buffers. Many Ontario homeowners who previously maintained emergency savings have depleted these reserves due to higher everyday costs, leaving them more vulnerable when unexpected expenses arise. Financial advisors typically recommend keeping 3-6 months of expenses in emergency funds, but recent surveys show over 40% of Ontario mortgagors have less than one month of payment reserves available.

The stability of employment remains perhaps the single most reliable predictor of mortgage payment performance. Ontario’s employment landscape has undergone significant structural shifts that directly impact homeowners’ ability to maintain mortgage payments.

Recent employment data reveals several concerning trends I’ve been tracking:

The growth of precarious employment, including contract, gig, and part-time positions, has created income volatility for many Ontario homeowners. Unlike previous generations who could rely on stable, long-term employment with predictable income, today’s workforce often experiences periods of fluctuation. This irregularity makes consistent mortgage payments challenging, particularly for households that secured mortgages based on income projections that assumed greater stability.

Sectoral shifts in employment have also contributed to mortgage stress. Industries that once provided reliable middle-income employment have contracted, while growth has concentrated in either high-skill positions requiring specialized education or lower-wage service sector jobs. Homeowners caught in these transitions often face income reductions that directly impact affordability calculations based on previous earning levels.

Geographic employment disparities within Ontario further complicate the mortgage landscape. While certain urban centers continue to experience employment growth, several regions face persistently higher unemployment rates. These regional economic differences create “hot spots” of mortgage delinquency in communities where employment opportunities have diminished. Data from the Canada Mortgage and Housing Corporation (CMHC) indicates that areas with unemployment rates exceeding the provincial average by 2% or more typically experience mortgage delinquency rates 40-50% higher than the provincial norm.

The emergence of remote work initially provided flexibility for many households but has since created new vulnerabilities. As companies adjust their remote work policies, some homeowners who relocated to more affordable areas based on remote work assumptions now face difficult commuting situations or potential job transitions, both of which can disrupt income stability and mortgage payment consistency.

For homeowners experiencing employment disruptions, I’ve found that the timing of intervention is crucial. Statistics show that homeowners who contact their lenders within 30 days of employment changes are significantly more likely to secure workable payment arrangements than those who wait until they’ve already missed payments. This highlights the importance of proactive communication between mortgagors and lenders when employment circumstances change.

mortgage delinquencies
mortgage delinquencies

Mortgage Delinquencies: Implications For Homeowners

I recently spoke with Pushkar, a software engineer living in British Columbia. Like many others, he’s feeling the weight of rising interest rates. In August 2022, Pushkar purchased his townhouse with a variable interest rate of 4.8%. At that time, he thought he was making a smart move. But as rates climbed, he quickly realized the reality was far different.

The Financial Strain

By 2023, Pushkar’s situation had changed dramatically. Most of his monthly payments were going toward interest. Only $400 was applied to the principal of his $950,000 mortgage. I remember how stressed he looked when telling me this—watching his hard-earned money disappear into interest payments while barely making a dent in his actual loan balance.

To cope with these rising costs, Pushkar and his family made serious adjustments. They implemented strict budgeting, cutting their spending by $800 each month. This wasn’t just a minor tweak—it was a complete overhaul of their financial lifestyle. They had to prioritize needs over wants, making tough decisions daily about what they could afford.

Emotional Toll

Stories like Pushkar’s highlight the emotional and financial toll of rising costs. It’s not just about numbers on a page. During our conversation, Pushkar confessed to experiencing anxiety and stress that was affecting his sleep and family relationships. The pressure of financial strain can feel isolating, but as I assured him, he’s far from alone in this struggle.

Wider Implications

Pushkar’s experience reflects a broader crisis affecting many homeowners. According to reports I’ve been following, mortgage delinquencies in Ontario have surged dramatically. Over 11,000 mortgages failed to meet at least one payment in the fourth quarter of 2024—nearly three times the amount recorded in 2022.

Rebecca Oakes, Vice President of Advanced Analytics at Equifax, notes that rising home prices and escalating interest rates are significant contributors to this crisis. As more homeowners face financial strain, the emotional burden continues to grow, creating a cycle that can feel unending for those caught in it.

What Can Be Done?

If you’re navigating these challenging times, consider your options. Based on my experience working with homeowners in similar situations, adjusting your budget is a critical first step. Can you identify areas to trim expenses? Are there ways to increase income?

Don’t hesitate to reach out for help. Seeking financial advice, utilizing deferral programs, or even talking to family and lenders might provide some relief. I’ve seen how staying informed and proactive can make all the difference.

Pushkar’s story serves as a reminder of the challenges many face today. While we can’t change the economic landscape overnight, supporting each other through these tough times can make a significant difference. Every story matters—your experience contributes to a larger narrative about resilience and hope in the face of adversity.

Mortgage Delinquencies: Impending Mortgage Renewals Are A Looming Financial Challenge

Are you facing a mortgage renewal soon? You’re not alone. I’ve been tracking the numbers, and over 1 million mortgages are expected to renew in 2025. Many of these were taken out when interest rates were below 1%. Now, as rates continue to rise, the financial landscape is shifting dramatically for many Ontario families.

The Reality of Rising Payments

Last month, I met with a couple who had been comfortably paying their mortgage for years. When we calculated their potential new payment at renewal, they were shocked to discover they’d face a $325 monthly increase. For them, this wasn’t just a minor adjustment but a significant hit to their household budget.

This scenario is playing out across Ontario:

  • Over 1 million mortgages due for renewal in 2025
  • About 25% of homeowners anticipate at least a $150 monthly increase
  • Some will face increases of $300-500 or more
  • Economic uncertainty complicates renewal planning

With the Bank of Canada’s overnight rate now at 3%, the days of ultra-low interest rates seem like a distant memory. For homeowners who secured their mortgages when rates were at historic lows, this change can feel overwhelming. I’ve seen firsthand how essential it is to prepare for the financial implications that come with these adjustments.

Understanding Your Mortgage Terms

As fixed-rate terms approach their end, understanding your renewal options becomes critical. I’ve found that many homeowners don’t fully grasp how their mortgage terms work until they’re facing renewal. The increase in payments will likely compound existing financial strain, especially since many people are already feeling squeezed by rising costs in other areas of their lives.

Rebecca Oakes, VP of Advanced Analytics at Equifax, highlights that the rise in missed mortgage payments indicates deeper financial strains among consumers. The pandemic drove home prices to soar, and now, escalating interest rates are adding to the burden. This situation isn’t just about numbers—it’s about real families making tough choices at kitchen tables across the province.

The Bigger Picture

Remember Pushkar’s story I shared earlier? His experience with variable rates offers a preview of what many fixed-rate mortgage holders will soon face. He had to cut spending by $800 monthly just to manage his payments. This serves as a stark reminder of the financial adjustments many will need to make when their mortgages renew at higher rates.

As I’ve been monitoring these trends, I’m particularly concerned about the troubling rise in mortgage delinquencies. Ontario has seen a 90% increase in homeowners falling behind on payments by 90 days or more. This situation reflects broader economic struggles that could affect many homeowners facing renewal in the coming year.

What Can You Do?

If you’re feeling overwhelmed by an upcoming renewal, you’re not alone. From my experience working with homeowners in similar situations, I strongly recommend seeking assistance before the situation deteriorates. Consider reaching out for financial advice from professionals who understand the current mortgage landscape.

I’ve seen how utilizing deferral programs or getting help from family and lenders can provide the necessary support to manage escalating costs. Understanding your mortgage options and planning your financial future is vital during this uncertain time.

As you prepare for your mortgage renewal, remember that being proactive can make all the difference. Start planning now, even if your renewal is months away. The landscape is changing rapidly, and the sooner you prepare, the better positioned you’ll be to face the challenges ahead.

mortgage delinquencies
mortgage delinquencies

Mortgage Delinquencies: Managing Financial Strain Amid Rising Rates

In my years helping homeowners navigate financial challenges, I’ve seen how rising mortgage rates can squeeze even the most carefully planned budgets. While the situation may seem overwhelming, I’ve found there are practical strategies that can help manage this strain effectively.

Budgeting has proven to be the most powerful tool in my financial toolkit. When working with clients, I always start by helping them track where their money goes. You might be surprised at what you discover when you look closely at your spending patterns. Here’s the approach I recommend:

  • List Your Income: Write down everything coming in, including side gigs or occasional earnings.
  • Track Your Expenses: For at least two weeks, record every dollar you spend. Those coffee runs and subscription services add up faster than you think!
  • Identify Needs vs. Wants: This is often the hardest part. I had one client who saved $300 monthly just by honestly separating essential expenses from nice-to-haves.
  • Set a Budget: Create realistic spending targets for each category and stick to them. I’ve found that using cash for certain categories helps many people stay on track.

Beyond budgeting, I’ve seen tremendous value in professional financial advice. A good financial advisor can spot opportunities you might miss and provide tailored guidance based on your unique situation. One of my clients discovered they qualified for a tax credit they hadn’t been claiming, putting an extra $2,200 back in their pocket annually.

For immediate relief, don’t overlook deferral programs. Many lenders offer temporary payment adjustments when you’re experiencing short-term financial difficulties. I recently helped a family secure a three-month partial deferral that gave them breathing room to get back on their feet after a medical emergency.

Don’t Hesitate to Seek Help

Pride can be expensive. I’ve seen too many people damage their financial futures by waiting too long to ask for help. Family and friends can be invaluable resources—not just for possible financial assistance but also for emotional support and practical advice. Sometimes, just talking through your situation can reveal solutions you hadn’t considered.

I always emphasize the importance of contacting your lender proactively. In my experience, lenders are far more willing to work with borrowers who approach them before missing payments. Many have hardship programs that aren’t widely advertised but can be accessed if you ask.

Stay Informed About Mortgage Options

With so many fixed-rate mortgages coming up for renewal soon, understanding what to expect is crucial. I’ve been helping clients explore alternatives like extending amortization periods to lower monthly payments or considering a blend-and-extend option if that makes sense for their situation.

As one financial expert, I work with often says,

“Navigating these times requires proactive measures to maintain financial health.”

This couldn’t be more true—waiting until you’re in crisis mode limits your options significantly.

Empower Yourself with Knowledge

I’m a firm believer that financial education is key to weathering economic challenges. When I teach financial literacy workshops, I see how empowering it is when people truly understand their mortgage terms, interest calculations, and available options.

Take some time to learn about financial strategies and mortgage alternatives. Knowledge truly is power when it comes to your financial well-being. I’ve seen how even a basic understanding of financial concepts helps people make better decisions and feel more in control during uncertain times.

In conclusion, managing financial strain amid rising rates isn’t impossible. By implementing thoughtful budgeting strategies, seeking help when needed, staying informed about your options, and investing in your financial education, you can navigate these challenging times. Remember, proactive measures today can prevent major problems tomorrow.

7 Steps for Canadians Facing Mortgage Payment Difficulties or Mortgage Delinquencies

Over the years, I’ve worked with countless homeowners struggling to keep up with their mortgage payments. If you’re finding it hard to make ends meet, here are seven critical steps I recommend taking before the situation worsens:

1. Contact Your Lender Immediately

This is the step most people avoid, but it’s the most important one. In my experience, lenders are far more willing to work with you when you reach out before missing payments. Last year, I helped a client negotiate a short-term payment reduction after she proactively contacted her bank about an upcoming job transition.

Most Canadian financial institutions offer various hardship programs that might include:

  • Short-term payment deferrals
  • Extended amortization periods to lower monthly payments
  • Interest-only payment arrangements
  • Special repayment plans for catching up on missed payments
  • Mortgage restructuring options

Early communication demonstrates good faith and gives you access to more options than if you wait until you’re already behind.

2. Seek Professional Financial Advice

The right professional guidance can make all the difference. Consider consulting:

  • A Licensed Insolvency Trustee who can provide a comprehensive assessment of your entire financial situation and explain all your legal options
  • A non-profit credit counsellor who can help create a budget and debt management plan
  • A mortgage broker who might identify refinancing options you haven’t considered

I recently worked with a family who thought bankruptcy was their only option, but after consulting with us, they discovered a consumer proposal would allow them to keep their home while addressing their unsecured debt problems.

3. Explore Government Assistance Programs

Don’t overlook potential help from government programs. Several Canadian options may assist:

  • The First-Time Home Buyer Incentive (if eligible)
  • Provincial emergency housing benefit programs
  • Tax credits or rebates you might not be claiming
  • Employment Insurance if job loss is a factor

One client I worked with discovered they qualified for a provincial deferral program that freed up $325 monthly in their budget—enough to help them manage their mortgage payment increase.

4. Consider Formal Debt Relief Options

If your financial situation is severe, you might need to explore more structured solutions:

  • Consumer Proposal: A legally binding arrangement where you pay back a portion of your unsecured debt
  • Bankruptcy: A last resort that provides debt relief but has significant impacts on credit
  • Mortgage forbearance agreements through your lender
  • Selling your home to use the equity for a fresh start in a rental while paying down other debts

Each option has pros and cons that should be carefully weighed with professional guidance.

5. Evaluate Housing Alternatives

Sometimes the most practical solution involves making changes to your housing situation:

  • Renting out a portion of your home to generate additional income
  • Selling and downsizing to a more affordable property
  • Considering a voluntary sale to avoid foreclosure proceedings

I’ve seen how renting out a basement apartment helped one family earn an extra $1,200 monthly—enough to bridge their payment gap and keep their home.

6. Protect Your Credit Where Possible

Even during financial hardship, try to minimize damage to your credit:

  • Maintain communication with all creditors
  • Get payment arrangements in writing
  • Keep detailed records of all communications
  • Regularly monitor your credit report for accuracy

Taking these steps can make rebuilding your financial health easier once you’ve weathered the current storm.

7. Create a Strict Budget and Spending Plan

Develop what I call a “crisis budget” that:

  • Prioritizes secured debts like your mortgage
  • Eliminates all non-essential spending
  • Redirects available funds to housing costs
  • Identifies additional income opportunities

One family I worked with found an additional $475 monthly just by implementing a strict temporary budget—enough to keep them in their home while they addressed their broader financial challenges.

The most important takeaway is that proactive action significantly improves outcomes. Many Canadians successfully navigate mortgage difficulties with the right support and information. Don’t wait until you’re already behind—the sooner you take action, the more options you’ll have.

mortgage delinquencies
mortgage delinquencies

Mortgage Delinquencies: Insights for Financial Institutions

Risk Assessment and Management Strategies

Throughout my career working with both borrowers and lenders, I’ve observed that financial institutions in Ontario face increasing challenges in managing mortgage portfolios amid evolving economic conditions. Traditional risk assessment models that serve well in stable environments are proving insufficient in today’s landscape, necessitating more sophisticated approaches.

Forward-looking risk management requires lenders to implement early warning systems that detect subtle indicators of potential mortgage distress. These indicators often precede actual payment delinquency and may include:

  • Patterns of decreasing savings account balances
  • Increased utilization of revolving credit lines
  • Changes in transaction patterns showing greater reliance on credit for everyday expenses
  • Irregular payment timing even when full payments are eventually made
  • Increases in NSF incidents across banking products

The most progressive institutions I’ve worked with are incorporating these behavioural metrics into dynamic risk-scoring models that supplement traditional credit bureau data. This approach allows for more proactive intervention before a mortgage enters formal delinquency status.

Portfolio stress testing has also evolved considerably. Rather than applying uniform interest rate shocks across all mortgages, sophisticated lenders now conduct segmented stress tests that consider regional economic variations, employment sector vulnerabilities, and debt-to-income ratios specific to customer segments. This granular approach enables more targeted risk mitigation strategies.

The variable-rate mortgage segment requires particular attention in the current environment. I’ve helped financial institutions develop specialized monitoring protocols for variable-rate mortgages approaching their trigger rates. Identifying these high-risk scenarios and initiating contact with affected borrowers before payment disruptions occur can significantly reduce default rates.

For mortgages already showing signs of stress, a graduated response framework that includes multiple intervention options beyond the binary choices of foreclosure or maintaining the status quo has proven most effective. These might include:

  • Term extensions to reduce monthly payment obligations
  • Interest rate modifications for temporary hardship cases
  • Principal forbearance options with catch-up provisions
  • Targeted refinancing programs for qualified borrowers

Institutions that develop comprehensive, flexible approaches to mortgage distress will not only minimize losses but also maintain stronger customer relationships through difficult economic cycles.

Importance of Customer Outreach and Support

Proactive customer engagement has emerged as a critical factor in managing mortgage delinquency. My research and experience consistently demonstrate that early, empathetic communication with borrowers facing financial challenges significantly improves outcomes for both customers and financial institutions.

Effective customer outreach programs should be initiated before formal delinquency occurs. Data analytics can identify customers exhibiting early warning signs of financial stress, allowing institutions to initiate supportive communication framed as financial wellness check-ins rather than collections activities. This approach reduces the stigma associated with financial difficulty and increases customer receptivity.

Financial literacy support represents another valuable intervention strategy. Many borrowers experiencing payment challenges benefit from education regarding:

  • Budgeting techniques during inflationary periods
  • Strategies to prioritize debts effectively
  • Available government assistance programs
  • Options for mortgage modification
  • Long-term consequences of various financial decisions

Institutions that provide these educational resources demonstrate commitment to customer success while simultaneously improving repayment outcomes.

Communication channels and timing also significantly impact customer engagement effectiveness. Multi-channel approaches that combine traditional methods (letters, phone calls) with digital touchpoints (secure messaging, mobile app notifications, email) show higher response rates than single-channel strategies. Additionally, institutions should analyze customer behavioural data to identify optimal contact times that increase the likelihood of meaningful engagement.

When developing specialized support teams for mortgage assistance, training should emphasize both technical knowledge and emotional intelligence. Staff members who can explain complex financial concepts while demonstrating genuine empathy create more productive interactions with customers facing financial stress.

Financial institutions should also consider implementing dedicated mortgage modification specialists who can rapidly assess customer situations and offer appropriate solutions. These specialists require the authority to approve reasonable modifications without excessive approval layers that can delay assistance until a customer’s situation has deteriorated further.

The reputational benefits of effective customer support during financial hardship should not be underestimated. Institutions that demonstrate a genuine commitment to helping customers navigate difficult periods build lasting loyalty that extends beyond the mortgage relationship.

Frequently Asked Questions: Ontario’s Mortgage Crisis

What is the current state of mortgage delinquencies in Ontario?

Ontario is experiencing an alarming surge in mortgage delinquencies. As of Q4 2024, over 11,000 Ontario mortgages are delinquent (meaning at least one missed payment). This represents nearly triple the number recorded in 2022 and a 50% increase compared to pre-pandemic levels. Most concerning is the 90% increase in homeowners falling behind on mortgage payments by 90 days or more—a trend outpacing similar situations in Quebec and British Columbia.

What factors are driving the rise in Ontario mortgage delinquencies?

The current mortgage crisis in Ontario stems from several interconnected factors:

  • Interest rate increases: The rapid rise in rates has dramatically increased monthly payments, particularly for variable-rate mortgage holders
  • Pandemic-era purchasing decisions: High home prices during the pandemic, combined with more flexible underwriting standards, left many homeowners overextended
  • Rising consumer debt burdens: Inflation has driven up costs for necessities, making it increasingly difficult for homeowners to prioritize mortgage payments
  • Employment challenges: Shifting employment trends have further complicated homeowners’ ability to maintain consistent payments
  • Cumulative inflation effects: Prolonged inflation has eroded household purchasing power, affecting overall financial stability

What’s the difference between mortgage delinquency and default in Ontario?

Mortgage Delinquency:

  • Occurs when a payment is missed or not made in full by the due date
  • Most Ontario lenders provide a grace period (typically 15 days) before officially marking a mortgage as delinquent
  • Results in credit reporting damage, late fees, and preliminary collection activities

Mortgage Default:

  • More serious condition occurring after prolonged non-compliance (typically 90+ days past due)
  • Triggers a formal Notice of Default from the lender
  • This can lead to power of sale proceedings where the lender sells the property
  • This may result in the acceleration of the entire mortgage balance
  • This can lead to property seizure and potential deficiency judgments if the sale doesn’t cover outstanding debt
  • Causes significant long-term damage to credit scores and borrowing capacity

How will impending mortgage renewals affect Ontario homeowners?

Ontario faces a significant mortgage renewal challenge in 2025, with over 1 million mortgages due for renewal. Many of these were secured when interest rates were below 1%. With the Bank of Canada’s overnight rate now at 3%, homeowners face substantially higher monthly payments. Industry estimates suggest approximately 25% of Ontario homeowners will experience increases of at least $150 per month, with some facing $300-$500 or more in additional monthly costs.

What steps should Ontario homeowners take to prepare for mortgage renewal?

Homeowners approaching renewal should:

  • Review their current mortgage terms and understand their options
  • Seek professional financial advice from mortgage brokers or financial advisors familiar with Ontario’s market
  • Explore deferral programs offered by their specific lender
  • Consider family support options if available
  • Adjust household budgets to accommodate potential payment increases
  • Begin planning 6-12 months before renewal to maximize preparation time
  • Compare rates across multiple lenders rather than automatically renewing with their current institution

What practical strategies can help manage financial strain amid rising mortgage rates?

Ontario homeowners facing financial pressure should consider:

  • Comprehensive budgeting: Track all income and expenses, distinguish needs from wants, and set realistic spending targets tailored to current financial reality
  • Professional financial consultation: Seek advice from Ontario-based financial advisors who understand the provincial housing landscape
  • Explore lender programs: Many Ontario lenders offer hardship or deferral programs specific to the current market conditions
  • Support networks: Don’t hesitate to discuss options with family members who might offer temporary assistance
  • Mortgage restructuring: Consider extending amortization periods or exploring alternative mortgage products that might reduce monthly payment obligations

What formal debt relief options exist for struggling Ontario homeowners?

When financial challenges become severe, Ontario homeowners should explore structured solutions:

  • Consumer proposals: Legally binding arrangements through a Licensed Insolvency Trustee to repay a portion of unsecured debt while protecting your home
  • Bankruptcy protection: A last resort with significant credit implications, but which provides a fresh start when other options aren’t viable
  • Mortgage forbearance: Temporary payment relief arrangements negotiated directly with your lender
  • Strategic property disposition: Selling your home to utilize equity before facing the power of sale proceedings
  • Ontario’s Landlord and Tenant Board processes: Understanding options if converting to a rental property with secondary suites to generate income

What immediate steps should homeowners take when struggling with mortgage payments?

If you’re facing payment difficulties:

  1. Contact your lender before missing any payments—proactive communication significantly increases available options.
  2. Document your financial situation clearly to present to your lender.
  3. Consult with a Licensed Insolvency Trustee or non-profit credit counsellor in Ontario.
  4. Explore lender hardship programs that may include payment deferrals, extended amortization periods, or interest-only arrangements.
  5. Prepare a realistic budget showing your capacity to manage modified payment arrangements.

How can financial institutions better support Ontario customers facing mortgage difficulties?

Financial institutions serving Ontario can improve their response through:

  • Implementing early warning systems to detect signs of mortgage distress specific to Ontario’s market.
  • Conducting regionally-focused stress tests that account for Ontario’s unique housing dynamics.
  • Developing specialized monitoring for variable-rate mortgages approaching trigger rates.
  • Creating graduated response frameworks including term extensions and interest modifications.
  • Offering principal forbearance and targeted refinancing programs.
  • Enhancing proactive customer engagement before delinquency occurs.
  • Providing Ontario-specific financial literacy resources.
  • Training staff in empathetic communication techniques for difficult financial conversations.

Mortgage Delinquencies: Conclusion

Ontario’s mortgage delinquency rates continue their troubling climb, with over 11,000 mortgages failing to meet payments in Q4 2024 alone. Throughout this post, I’ve explored the various causes behind this crisis, shared individual stories from people I’ve worked with, and provided practical advice for navigating these challenging financial waters.

I hope you’ve found this exploration of mortgage delinquencies helpful. If you or someone you know is struggling with too much debt, remember that the financial restructuring process, while complex, offers viable solutions with the right guidance.

At the Ira Smith Team, we understand both the financial and emotional components of debt struggles. We’ve seen how traditional approaches often fall short in today’s economic environment, which is why we focus on modern debt relief options that can help you avoid bankruptcy while still achieving financial freedom.

The stress of financial challenges can be overwhelming. We take the time to understand your unique situation and develop customized strategies that address both your financial needs and emotional wellbeing. There’s no “one-size-fits-all” approach here—your financial solution should be as unique as the challenges you’re facing.

If any of this sounds familiar and you’re serious about finding a solution, reach out to the Ira Smith Trustee & Receiver Inc. team today for a free consultation. We’re committed to helping you or your company get back on the road to healthy, stress-free operations and recover from financial difficulties. Starting Over, Starting Now.

The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.

mortgage delinquencies
mortgage delinquencies
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Brandon Blog Post

UNLOCKING REAL ESTATE IN RECEIVERSHIP: TOP CHALLENGES & PROVEN SOLUTIONS

Overview of In Receivership

I have just read a decision of the Ontario Superior Court of Justice dealing with an important aspect of real estate in receivership in Canada. The case is about when the Debtor/real estate owner does not believe that the court-appointed receiver has made proper decisions about the listing of the property for sale and the sale of a commercial property in receivership.

It also deals with the role of receivers and how they interact with the debtor, secured lenders and unsecured creditors.

In this Brandon’s Blog, I first provide some background of being in receivership in Canada. Then I discuss and highlight the issues found in the case of Rathcliffe Properties Inc. v. 2184698 Ontario Inc., 2024 ONSC 5077 (CanLII).

A receivership is a legal process available to secured creditors, whereby a company’s affairs, business and property are entrusted to a receiver to manage and eventually sell the assets. Secured lenders may enforce their security to recover loans when the borrower defaults in its payment obligations relating to the secured debt. This remedy available to secured creditors is known as receivership, while the debtor is said to be “in receivership“.

If a business debtor does not make payments or otherwise defaults on a secured loan, the secured creditor would have the right to appoint a receiver to collect the money owed. Before appointing a receiver, a secured creditor must first issue a “Section 244” notice of intention to enforce security. This is a notification that secured creditors must send to defaulting debtors before appointing a receiver. Section 244 refers to that section number in the Bankruptcy and Insolvency Act (Canada) (BIA).

The notice states that the security covers certain assets, that the company in default owes a specified amount to the secured creditor, and that the creditor may enforce the security after 10 days. The company in default may waive the notice period and consent to the appointment of the receiver.

Under the BIA, only a licensed insolvency trustee (formerly called a trustee in bankruptcy) can be a receiver. No other party is licensed to administer the receivership process in Canada.in receivership

Types of Receivers In Receiverships

There are two types of receivers in receivership in Canada: (i) privately-appointed receivers; and (ii) Court-appointed receivers.

Privately-Appointed Receivers

A privately-appointed receiver is a licensed trustee who is appointed by a contract between the insolvency trustee and the secured creditor. A private receiver is typically used when there is no dispute to ranking among secured creditors or various claims to ownership of the company’s assets. The powers of a receiver listed in the security document give the privately appointed receiver more limited powers than a court-appointed receiver gets under a court order.

Court-Appointed Receivers

A receiver is court-appointed when the secured creditor makes an application to the court for the appointment of a receiver with more expanded powers. Like a privately-appointed receiver, a court-appointed receiver takes control of a company’s property because of financial distress and when there is a dispute among secured creditors and others regarding the ranking of secured claims and ownership of property.

Both kinds of receivers are tasked with protecting and preserving the value of the company or property and are certainly given broader powers by the court.

Duties and Responsibilities of a Receiver In Receivership

A Receiver is a licensed insolvency trustee appointed to manage and control the assets, property, or business of another person or entity, typically in a situation where the person or entity cannot manage their affairs due to financial difficulties, bankruptcy, or other reasons. In receivership in Ontario, a Receiver can be appointed either privately or through a court order.

Private Appointment

When a Receiver is appointed privately, it is typically done so through a contractual agreement between the Receiver and the secured creditor requiring the Receiver’s services. The Receiver’s duties and responsibilities may include:

  1. Managing and controlling the assets, property, or business of the person or entity.
  2. Collecting and managing debts, accounts receivable, and other financial obligations.
  3. Paying bills, expenses, and other financial obligations.
  4. Managing and overseeing the day-to-day operations of the business or property.
  5. Identifying and realizing assets to convert them into cash.
  6. Negotiating with creditors, suppliers, and other stakeholders to resolve disputes and improve the financial situation.
  7. Preparing and submitting financial reports and statements to the appointing creditor and other stakeholders.
  8. Providing advice and guidance primarily to the appointing creditor.

A privately appointed receiver needs to consult with and get approval from the appointing creditor for its proposed actions and activities. In a private appointment, the Receiver’s duty of care is mainly to the appointing creditor.

Court-Appointment

When in receivership a Receiver is appointed through a court order, many of the court-appointed receiver’s duties are the same as for a privately-appointed Receiver. The main differences though are that in receivership supervised by the Court, the court-appointed receiver:

  1. Owes a duty of care to all parties.
  2. Must obtain the approval of the Court for its actions and activities.in receivership

Stakeholder Considerations in Receivership

Stakeholder considerations in receivership leads us perfectly into discussing the case of Rathcliffe Properties Inc. v. 2184698 Ontario Inc., 2024 ONSC 5077 (CanLII).

This case was heard in the Ontario Superior Court of Justice involving a court-appointed receiver appointed to sell real property. The Debtor (2184698 Ontario Inc.) challenged the Receiver’s real estate receivership process, alleging that it was not conducted in a commercially reasonable manner and was biased towards the lender (Rathcliffe Properties Inc.).

The Debtor’s Argument

The Debtor, being the property owner, claimed the Receiver breached its duty under s. 247 of the BIA to act in good faith and in a “commercially reasonable manner.” They alleged the Receiver set a low listing price for the real property ($4,500,000) potentially based on “liquidation basis” appraisals rather than “fair market value.” They also argued that the court-appointed receiver showed favouritism by consulting only the Lender about the realtor and listing price, denying the Debtor crucial information.

Finally, they argued that the Receiver withheld crucial information by not sharing its appraisals with the Debtor.

Receiver and Lender’s argument

They argued:

  • The Receiver acted properly by basing the listing price for the property in question on professional advice and independent appraisals.
  • Choosing not to share appraisals to avoid giving the Debtor an unfair advantage in the sale was proper.
  • Consulting the Lender due to their expertise and potential buyer network, while the Debtor lacked relevant information and consistently overestimated the property’s value, was also appropriate.

The Court’s Findings

The Court found it more efficient to address the substance of the motion, providing clarity and avoiding further delays. The Court dismissed the Debtor’s claims of a breach of the BIA, stating:

  • The Receiver was not obligated to share appraisals.
  • The listing price, based on professional advice from professinoals working in this kind of real estate market, did not breach the court-appointed receiver’s duties or the BIA.
  • Consulting the Lender was justifiable, aiming for the best interests of all stakeholders.
  • The Court considered the motion premature, stating concerns about the sale process can be raised at the Sale Motion, where a complete evidentiary record would be available.

Since the Court found no evidence of a breach of the BIA and dismissed the Debtor’s motion in this real estate receivership, the Court ordered the Debtor to pay costs to both the Receiver and the Lender. The Court also lifted an interim injunction the Debtor obtained stopping the Receiver from continuing the sales process.

Clashing Interests in Receivership: Lender vs. Stakeholders

The receiver’s duty to act in the best interests of all stakeholders can clash with the specific needs of the lender because the lender prioritizes recovering the debt owed to them, even if it means selling the property for a lower price. Conversely, the receiver must consider the interests of all stakeholders, including the debtor, and aim for the highest possible sale price, even if it takes longer.

Here’s how this tension plays out in this case:

  • The Lender’s Interest: The lender (Rathcliffe Properties Ltd.) wants to recover the $2.9 million loan it provided to the debtor (2184698 Ontario Inc.) as quickly as possible. They likely see the receivership and subsequent sale of the property as the most expedient way to recoup their investment.
  • The Receiver’s Dilemma: The court-appointed receiver has a fiduciary duty to act in the best interests of all stakeholders, not just the lender. This means they must strive to obtain the highest possible price for the property, under the circumstances, even if it delays the Lender’s recovery.
  • Conflicting Approaches: The debtor argued that the receiver’s listing price of $4,500,000 was too low and favoured a quick sale to satisfy the Lender’s debt. However, the court found no evidence of this, highlighting that the Receiver based the listing price on professional advice and appraisals. The court emphasized that the market ultimately determines the property’s value, not just the initial listing price.

This case demonstrates the inherent tension in receivership scenarios. While the Lender’s primary concern is recovering their debt, the receiver must balance this against the interests of all stakeholders, including maximizing the sale price for the benefit of all parties involved.

Key Takeaways From This In Receivership Case

This situation highlights the conflicting priorities often found in receivership proceedings. On one hand, financial institutions lenders are focused on getting back their money, while on the other, the Receiver has to consider the needs of all stakeholders involved, aiming to achieve the highest possible sale price to benefit everyone.

In Receivership: Conclusion

We experience these same issues whenever we act as a real estate receiver. We rely on real estate experts both for appraisals and for the receiver sale of real estate. We must rely on real estate professionals in order to show that we properly handled our duties as a real estate receiver.

I hope you enjoyed this real estate receiver in receivership Brandon’s Blog. Do you or your company have too much debt? Are you or your company in need of financial restructuring due to distressed real estate or other reasons? The financial restructuring process is complex. The Ira Smith Team understands how to do a complex restructuring. However, more importantly, we understand the needs of the entrepreneur or someone with too much personal debt.

You are worried because you are facing significant financial challenges. It is not your fault that you are in this situation. You have been only shown the old ways that do not work anymore. The Ira Smith Team uses new modern ways to get you out of your debt troubles while avoiding bankruptcy. We can get you debt relief freedom.

The stress placed upon you is huge. We understand your pain points. We look at your entire situation and devise a strategy that is as unique as you and your problems; financial and emotional. The way we take the load off of your shoulders and devise a plan, we know that we can help you.

We know that people facing financial problems need a realistic lifeline. There is no “one solution fits all” approach with the Ira Smith Team.

That is why we can develop a restructuring process as unique as the financial problems and pain you are facing. If any of this sounds familiar to you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. team today.

Call us now for a free consultation. We will get you or your company back on the road to healthy stress-free operations and recover from the pain points in your life, Starting Over, Starting Now.

The information provided in this Brandon’s Blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content of this Brandon’s Blog should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc. as well as any contributors to this Brandon’s Blog, do not assume any liability for any loss or damage resulting from reliance on the information provided herein.in receivership

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TORONTO PAYDAY LOANS: UNLOCKING FINANCIAL FREEDOM OR PAINFUL FINANCIAL SLAVERY?

Toronto payday loans popularity

The city of Toronto is Ontario’s largest city and is home to a growing number of individuals and families who are financially strapped and in need of quick financial assistance. Payday loans, which are short-term personal loans typically used to cover unexpected expenses, are becoming increasingly popular amongst Toronto residents due to the ease and convenience of applying for this quick loan product.

Payday loans offer borrowers immediate access to capital (either the same or within 1 business day) and these cash loans can be used to cover emergency costs, such as medical bills or car repair costs, when you don’t have the money to do so otherwise. There are many payday loan lenders in Toronto, each offering different terms and conditions regarding loan amounts, repayment terms, and fees. The one thing all of these providers with their alternative payday loans have in common is that the financial solutions they offer are very pricey.

This Brandon’s Blog provides a beginner’s primer to the Toronto payday loans industry. We will analyze the associated regulations, and different loan options, and provide some practical advice.

Toronto payday loans regulations

Payday lenders are usually the first and also the last stop for those who would be unable to secure a loan through more traditional banking institutions. They are the most vulnerable so the province implemented additional regulations to further regulate this industry. The Government of Ontario has enacted regulations for payday loan services in Toronto and the rest of Ontario. It is an essential part of trying to protect consumers residing in one of Canada’s most populous provinces. These regulations are aimed at ensuring that individuals accessing this kind of short-term loan services are provided with effective consumer protection.

The city of Toronto defines Toronto payday loans lenders as any establishment providing payday loans from physical locations, or any portion thereof, operating as a payday lender as outlined in the Ontario Payday Loans Act. In 2018, the City of Toronto limited the number of permits issued to businesses that offer payday loan services, setting the cap at the number of licenses already issued by that time.

Toronto payday loans
Toronto payday loans

Ontario Payday Loans Act

The Ontario Payday Loans Act, 2008, S.O. 2008, c. 9 has been established to enforce regulations on the payday loan industry in Ontario. Since its implementation, numerous amendments have been made in an effort to safeguard consumers in Ontario who utilizes payday loan services. This piece of legislation lays out the requirements for eligibility, the maximum allowable rate of interest, and various repayment plan choices.

Four key provisions of this Act are:

  1. The borrower retains the right to settle any or all of the payday loan prior to the expiration of the loan agreement. The lender is not authorized to receive or request any part of the borrowing cost from the borrower prior to the end of the payday loan contract.
  2. The cost of borrowing related to a payday loan agreement may be limited if the amount of the advance is $1,500 or less (or, if a different amount is prescribed, that amount or less) and, if the agreement has a duration of 62 days or less (or, if a different number of days is prescribed, that number).
  3. A lender is permitted to levy a charge of up to 2.5 percent per month on the unsettled principal balance in the event of delinquency, not compounded unless an alternative rate has been explicitly prescribed.
  4. A payday loan agreement should not impose any default charges upon the borrower beyond reasonable legal costs incurred by the lender in attempting to collect the required payment. A dishonoured cheque, pre-authorized debit, or other instruments of payment may incur a fee of up to $25.

The Canadian Criminal Code sets the maximum interest rate that can be charged in Canada at 60% per annum. However, payday lenders are exempt. So in spite of the federal and provincial guidelines, payday lenders in Ontario are typically authorized to collect interest of $15-$20 for every $100 borrowed. When expressed as an annual percentage rate (APR) – the same metric applied to credit cards, mortgages, auto loans, etc. – this translates to the cost of borrowing permitted being an APR ranging from 391% to more than 521%!

What other paperwork is required for making an application for Toronto payday loans?

When applying for Toronto payday loans, it is important to ensure you have all the necessary documents to submit alongside your application. These documents include:

  • government-issued photo identification, such as a driver’s license or passport;
  • a void cheque or a debit payment authorization form;
  • an active bank account statement with 30-60 days of account activity;
  • proof of where you live, such as a utility bill; and
  • a recent pay stub to prove your source of income and your regular income or monthly salary.

It is important to note that these documents are used to verify your identity and demonstrate your financial status.

Toronto payday loans
Toronto payday loans

Toronto payday loans interest rates and fees

Payday loan interest rates and fees in Toronto can vary greatly depending on the lending institution. Credit scores play an important factor in determining the applicable rate, as each lender has their own set of policies and regulations. Alongside the interest rate, fees also are charged.

When considering Toronto payday loans, it is essential to investigate and compare the various lenders available to ensure you secure the most competitive interest rate and fees. Prior to signing any loan agreement, be sure to read it thoroughly and check that all applicable fees and interest rates are correctly stated.

The Toronto payday loans application process

If you can’t make it to one of the brick-and-mortar payday loan locations for a time of day during regular business hours, don’t fret about it. Toronto payday loans have an application process that can be easily completed through one of the many online payday lenders with payday loan online applications which can be completed with minimal effort. Simply provide one of these online lenders with your personal and financial information and they will assess your eligibility. Upon passing the approval process, access to funds can be accessed by way of transferring to your account in a timely manner.

Before beginning the application process for Toronto payday loans, it is essential to thoroughly familiarize yourself with all the applicable terms and conditions. Furthermore, it is highly recommended to plan and budget for the loan repayment in order to avoid any extra fees and charges.

Toronto payday loans
Toronto payday loans

Toronto payday loans: What if I am on ODSP?

A certain group of Canadians use the convenience of quick access to short-term funds. But for those receiving Ontario Disability Support Program (ODSP) payments in Toronto, the question becomes: is it possible to apply for and receive an online payday loan?

The answer is not so simple, as many lenders have restrictions against lending to individuals receiving ODSP.

Toronto payday loans: The Canadian government survey

The Financial Consumer Agency of Canada (FCAC) performed a study on payday advance loans, producing insightful and sometimes surprising results. The survey exposed that, while cash advances are a practical method for customers to gain access to credit, they are a pricey form of loan, with a common interest rate of 546%. Moreover, fewer than 43% of respondents recognized the loan terms for this kind of financing.

The findings also indicate that a large proportion of individuals lack the financial literacy needed to make sound borrowing decisions that are beneficial to their financial situation. It has been observed that the percentage of Canadian households using these forms of debt has risen significantly in recent years, reaching 4%. Furthermore, 45% of the respondents indicated that they commonly resort to such loans to cover unexpected expenses.

Survey results showed that 41% of respondents utilized temporary payday advance loans for necessary and also predicted costs. Consider that statement. Another way of phrasing it is that 41% of the people who participated in the study said that they use payday advances to get cash for budgeted costs (although I am certain none of those individuals actually put together a budget plan). That indicates that their anticipated regular monthly expenditures are greater than the money they earn each month.

According to the survey, the majority of users of these types of loans tend to have lower to moderate incomes, with over half reporting annual incomes of under $55,000. However, it should be noted that approximately 20% of users who answered the survey stated that their household incomes were above $80,000 and 7% of respondents said they had a household income in excess of $120K.

The survey results, not surprisingly, showed that most of the users rarely looked for financial advice even when it was needed.

Toronto payday loans
Toronto payday loans

Toronto payday loans: Are there alternatives?

For those with a bad credit history, a bad credit score or for whatever reason no access to traditional banking and financial institutions, payday loans are an expensive option but are normally the only option. Toronto residents have access to several alternatives which may provide a more cost-effective solution. Some of these alternatives include credit unions, installment loans and peer-to-peer lending.

Many times when people have to resort to Toronto payday loans it really means that they are experiencing serious financial difficulties. The best option, rather than taking on payday loan debt is to seek help from either a non-profit credit counselling agency or even seek a no-cost consultation from a licensed insolvency trustee.

The unfortunate truth is that Toronto is an incredibly costly city to live in. If a single person or a family is making only $55,000 a year, they are barely scraping by. No matter how much financial knowledge and understanding one has, the reality remains the same. Therefore, it is essential that we start educating children in school so they will gain an understanding of what I believe are the 3 main foundations of financial literacy:

  • the cost of credit;
  • the need for emergency savings; and
  • seeking professional advice for both financial opportunities or financial problems.

Tips for repaying Toronto payday loans

Payday loans can be a great way to manage your finances in a pinch, but it’s important to remember to pay them back on time. Here are five tips to help you successfully repay payday loans in Toronto:

  1. Set a repayment date and mark it in your calendar. Knowing when your payday loan payment is due will help you plan and budget accordingly.
  2. Make more than the minimum payment. Paying more than the minimum will help reduce the total amount of interest you pay over the life of the loan.
  3. Pay by direct deposit whenever possible. Setting up direct deposit for your loan payments can help ensure that you never miss a payment.
  4. Call your lender if you can’t make your payment. Most lenders will be willing to work with you to reschedule your loan payment if necessary.
  5. Create a budget and stick to it. Developing a budget and sticking to it will help you avoid taking out more payday loans in the future.

Toronto payday loans: Instant approval of instant problems?

I hope you enjoyed this Toronto payday loans Brandon’s Blog.

Income and cash flow shortages are critical issues facing Canadians, be they employees, entrepreneurs or companies and businesses. Are you now worried about just how you or your business are going to survive? Those concerns are obviously on your mind. Coming out of the pandemic, we are now worried about its economic effects of inflation and a potential recession.

The Ira Smith Team understands these concerns. More significantly, we know the requirements of the business owner or the individual that has way too much financial debt. You are trying to manage these difficult financial problems and you are understandably anxious.

It is not your fault you can’t fix this problem on your own. The pandemic has thrown everyone a curveball. We have not been trained to deal with this. You have only been taught the old ways. The old ways do not work anymore. The Ira Smith Team makes use of new contemporary ways to get you out of your debt problems while avoiding bankruptcy. We can get you debt relief now.

We have helped many entrepreneurs and their insolvent companies who thought that consulting with a trustee and receiver meant their company would go bankrupt. On the contrary. We helped turn their companies around through financial restructuring.

We look at your whole circumstance and design a strategy that is as distinct as you are. We take the load off of your shoulders as part of the debt settlement strategy we will draft just for you.

We understand that people facing money problems require a lifeline. That is why we can establish a restructuring procedure for you and end the discomfort you feel.

Call us now for a no-cost consultation. We will listen to the unique issues facing you and provide you with practical and actionable ideas you can implement right away to end the pain points in your life, Starting Over, Starting Now.

Toronto payday loans
Toronto payday loans
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Brandon Blog Post

CANADIAN DEBT RELIEF PROGRAM SCAM REVIEW: MASSIVE HARM CAUSED TO DEBTOR

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

Canadian debt relief program: Before you sign up for debt settlement

A Canadian debt relief program: it may seem like a good idea. Missed payments on your credit cards, loans or other unsecured debt, can lead to collection calls and worsen your situation. Choosing a debt relief program is often the last resort for Canadians to escape the grip of their creditors.

As a solution to consumer debt problems, debt relief companies offer debt settlement programs and debt relief programs. As a debt consultant, you do not need any special education or licensing to operate. Often, their actions are detrimental rather than beneficial.

This Brandon Blog is about a case I recently consulted about that is sad but true. This story is about a Toronto man who decided to use a Canadian debt relief program provided by a debt relief company to settle his debt issues. As a result of using that Canadian debt relief program, he is still unable to pay his bills, and is in a much worse financial situation now than he was before he visited the debt settlement company. To make matters worse, the debt relief consultant then got a licensed insolvency trustee to almost go along with his cockamamy scheme. Unfortunately, the Trustee woke up too late, after all the damage was done.

I will explain it all to you.

Canadian debt relief program: Research the company’s reputation

There should be a law that requires all debt relief services companies to be licensed to do debt relief work in Canada. So if they are not licensed they are not allowed to claim they are licensed. Since a debt relief company does not need to have a special license to provide a debt relief solution, it means there are few regulations set in place to control what they can do and what they can charge their customers. A debt relief program is a program set up to help people get out of debt. Debt relief programs always are not designed to help you pay off all your debt.

Debt relief programs run by debt relief services companies often aren’t designed to help you find a permanent solution to the behaviour that got you into your debt problems in the first place. The problem with a Canadian debt relief program put together by a debt settlement company is that it may very well cause the loss of your money or as is the case in the true story I am about to tell you, the loss of your home.

canadian debt relief program
canadian debt relief program

Canadian debt relief program: Are debt relief programs really worth it?

A for-profit debt settlement company charges fees, just like any other for-profit business. Before any of your money is used to settle your personal debts, you must pay most of their fees upfront. No fees are charged by the non-profit credit counsellor. Reputable credit counselling companies do not require you to pay upfront for any tangible services they offer to help you reduce your various types of debt.

You set up an account with the company, where you make monthly payments from available funds to generate the money necessary to pay their fee and then to make settlement offers. There is no guarantee that working with a private debt settlement company will work. Debt settlement companies cannot guarantee that creditors will agree to settle on the outstanding debts when they contact them.

Your creditors may not be able to reach an agreement with them, so you may have to file a consumer proposal or end up filing bankruptcy. For services that the bankruptcy trustee provides for free, debt settlement companies charge debtors upfront fees. While you are in a Canadian debt relief program offered by one of these companies, you do not have any protection from creditors.

Should debt management programs be pursued? A not-for-profit credit counselling agency can provide this service. The answer is NO if it is a for-profit debt relief company. However, the answer is YES if it is a formal consumer proposal with a licensed insolvency trustee.

Canadian debt relief program: When using a debt settlement company goes terribly wrong – a true story

When things go wrong, they go really wrong and fast. We were contacted by a lawyer representing an undischarged bankrupt. The facts as I understood them to be were:

  1. The debtor went to a debt settlement company to get financial advice and help in resolving his debt problems. The company claimed to specialize in helping Canadians deal with their debt problems through a successful Canadian debt relief program. They said they could get him out of his financial mess and save his house. They told him that they would take care of everything.
  2. He was the only owner of the marital home. A real estate agent gave an opinion letter that stated the home was only worth the total of the registered mortgages.
  3. The debtor lost his job and his wife was making the mortgage payments from her employment income. They advised the couple that the wife could get legal protection by taking the position that each of her mortgage and utility payments was a secured advance to the husband. There was no written agreement between them registered on title and she did not register a mortgage against the home. This advice was obviously very wrong.
  4. The debt settlement company could not create any plans for debt forgiveness acceptable to the creditors. It was mainly credit cards and the debtor needed a successful credit card debt relief plan.
  5. The debt settlement company marched the debtor to a licensed insolvency trustee. We could not determine from the documents provided to us if the Trustee did any verification work or merely filed the assignment in bankruptcy based on the work of the debt settlement company. The sworn statement of affairs had the same value for the home as in the real estate agent’s opinion letter. Net of mortgages, the sworn statement of affairs showed no equity in the matrimonial home.
  6. The same day that the Trustee’s section 170 report was prepared, the Trustee wrote a letter to the debtor. According to the Trustee’s letter, after 1.5 years of bankruptcy there is $200,000 equity in the home, the wife has no existing secured claim to the property and therefore, the Trustee opposes the discharge since the asset has not yet been realized. There were no references in the Trustee’s letter to any previous communications or correspondence with the debtor regarding his equity in the home. Therefore, I do not know if the letter was the first time the Trustee discussed with the bankrupt the need to realize the equity in the home.
  7. In the section 170 report, again, dated the same day as the letter, the Trustee opposed the bankrupt’s discharge due to the home equity issue.
  8. A list of licensed credit counsellors can be found on the website of the Superintendent of Bankruptcy. Upon searching that licensed credit counsellor database, we were unable to locate the name of the debt settlement company employee who assisted the debtor.
  9. The undischarged bankrupt’s wife, or any other family member of his, was not able to raise the necessary funds to purchase the Trustee’s interest in the equity of the home. The undischarged bankrupt has no means from which to attempt to do a consumer proposal or Part III Division I Proposal to do a successful proposal out of bankruptcy.
  10. The debt settlement company’s work directly led to the undischarged bankrupt losing his home as it would have to be sold either by the debtor or the Trustee.

    canadian debt relief program
    canadian debt relief program

Canadian debt relief program: My advice

I did a Teranet search of the matrimonial home. The estimated value of the home according to Teranet showed there was more like $350,000 of equity, not $200,000. There was not a lot that this undischarged bankrupt could do. My advice was:

  1. The debt consultant apparently was doing work that a Trustee must do under the Bankruptcy and Insolvency Act (Canada) (BIA) but is not licensed to do that work. The debtor should consider demanding the fee paid to the debt consultant.
  2. Find out who did the mandatory two credit counselling sessions with the debtor; a licensed credit counsellor under the Trustee’s employ or the debt consultant?
  3. Find out if there is a financial arrangement between the debt consultant and the Trustee. Such arrangements are outlawed by the Superintendent of Bankruptcy.
  4. The debt consultant was very “cute” in trying to fix the value of the home so that there was no equity in the home. What verification work did the Trustee do when accepting the value in the sworn Statement of Affairs and beginning the bankruptcy process?
  5. Unfortunately, the undischarged bankrupt is stuck with this situation. The equity in the home belongs to the Trustee. There really was not anything that I could do to change that.

The lawyer thanked us very much and said that his discharge hearing will be quite the show after she examines the witnesses!

Canadian debt relief program: Options you can trust to help you with your debt

A licensed insolvency trustee would have been a better choice for this debtor rather than this debt relief company. Most people with consumer debt problems fall into one of three categories. Using these three categories, I will show what I would have advised this debtor. It is sufficient to say that the earlier you seek the services of a licensed insolvency trustee and avoid the debt consultants and their unrealistic promises, the more options you will have.

Your finances could be better, and you would like some help.

When you realize that you can do things better and wish to avoid trouble, you fall into this category. You can get proper financial advice from a licensed insolvency trustee at this stage. It is likely that if this debtor had approached me at the first sign of trouble, he could have avoided filing for bankruptcy. Things I might have discussed with him include:

  • How to establish and follow a budget for the family.
  • Does he have an adequate credit rating or credit score to be approved for and get a debt consolidation loan so that this loan would enable him to pay off all his unsecured debt in full and have one affordable monthly payment under a debt consolidation program.
  • Having a non-profit credit counselling service assist him with budgeting, assistance with debt management and if required, arranging a debt relief settlement plan with his unsecured creditors. Creditors understand that sometimes life happens and there are situations where people require support for plans for debt forgiveness when it comes to ‘debt-causing’ scenarios such as critical illness, job loss and the death of a loved one.
  • Making monthly payments to the non-profit credit counselling service so that they can make the necessary payments to creditors, as prescribed in the Canadian debt relief program they set up for him.
  • His job includes referring the debt collectors to the non-profit credit counselling service when he receives their calls.
  • His wife should seek independent legal advice about registering a mortgage against the family home as security for all advances she is about to make to her husband for the mortgage, property tax, utility bills, and any other funds related to the home’s maintenance.
  • Is it possible to use the equity in the home to downsize?
  • How filing a consumer proposal or an assignment in bankruptcy affects his finances and his life, including how it affects the equity in his home.

My advice would have cost him nothing, and he would be in a much better financial position than he is now. Most likely, he would have avoided the need for a consumer proposal or bankruptcy altogether.

Your finances are beginning to get out of control.

He and I would have discussed all of the above, along with independent legal advice for his wife, and the realistic option of having an affordable payment plan with debt reduction, by filing a consumer proposal as a real Canadian debt relief program for debt reduction and allowing him to make one affordable monthly payment on all his outstanding unsecured debts. Consumer proposals are the only Canadian debt relief program approved by and authorized by the Federal government.

You are in serious financial trouble.

If he hadn’t come to see me before he suffered severe financial difficulties, his only realistic option would be bankruptcy. From the very beginning, he would have realized that the equity in his home was at stake and would be lost to the Trustee. It wouldn’t have been a bad shock to the debtor after filing for bankruptcy. He may even have been able to locate a relative who could have purchased the equity in his home from the Trustee prior to filing so that his life would not have been negatively affected.

canadian debt relief program
canadian debt relief program

Canadian debt relief program: Summary

I hope you found this Canadian debt relief program Brandon Blog informative. Although nothing is guaranteed, managing your debt in a way that will allow you to be able to afford it, will lead to your financial success. It will also give you the best shot at having a financially stress-free life.

Are you or your company in financial distress and a debt crisis? Are you embroiled in costly litigation or a crushing debt load and need a time out in order to restructure? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you? Do you need to search out what your debt relief options and realistic debt relief solutions for your family debt are? Is your company in financial hot water?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a Government of Canada-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy and balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles.

Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

canadian debt relief program
canadian debt relief program

As the COVID-19 pandemic continues, we hope that you, your family, and your friends are safe, healthy, and secure. Ira Smith Trustee & Receiver Inc. is fully operational, and both Ira and Brandon Smith are readily available for phone or video consultations.

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RESTRUCTURING OF COMPANY: SOMETIMES AN UNPOPULAR CORPORATE BANKRUPTCY IS NEEDED TO RESTRUCTURE YOUR COMPANY TO IMPROVE PROFITS

restructuring of company

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

Restructuring of company introduction

Following its bankruptcy, Canadian retailer Le Château announced that it would relaunch online under new ownership. Although extreme, in certain unique circumstances, corporate bankruptcy could be used to restructure a company’s debt and operations.

Often, companies realize they need to restructure too late when fewer options remain and saving the company is more challenging. A restructuring process started on a voluntary basis can generate greater value than a company restructuring done under the imminent threat of bankruptcy.

A restructuring plan is more likely to succeed when managers understand the fundamental business/strategic challenges their company faces. In a corporate restructuring, creditors are often required to make significant concessions, which have significant implications for them as well as for the company.

Using the Le Château case as an example, this Brandon Blog discusses certain aspects of the restructuring of company debt, assets, and operations.

restructuring of company
restructuring of company

Restructuring of company: Le Château relaunches online following bankruptcy

Following its filing for bankruptcy protection last year, Le Château, now run by Suzy’s Inc., announced its comeback from bankruptcy by launching an eveningwear collection online before the holidays. YM Inc., which owns many brands including Suzy Shier, acquired the intellectual property assets and certain merchandise and other assets.

Herschel Segal founded Le Château Inc. in 1959 as “Le Chateau Men’s Wear”, a menswear store in downtown Montreal’s Victoria Square. Le Château began selling imported clothes from Europe when it added women’s clothing in 1962. As time passed, Le Château sold more fashionable imports to young people instead of its original traditional clothing style. Since then, Le Château has designed, imported, and retailed apparel, accessories, and footwear for women and men.

Its 240 locations at its peak made the Canadian retailer a staple of nearly every mall and shopping district in the country. Le Château Inc. (and its US subsidiary Château Stores Inc.) filed for bankruptcy protection in October 2020 under the Companies’ Creditors Arrangement Act (“CCAA”). It also announced it would close all 123 stores in Canada. The Court granted the companies permission to run a liquidation process in November 2020. It used the CCAA to liquidate its assets rather than for the restructuring of company operations and finances.

To adapt to new retail industry trends, the company implemented efforts to right-sized its brick-and-mortar locations. 122 of its 243 stores were closed during the eight years prior to filing for bankruptcy. The Company’s right-sizing efforts and its important investment in its e-commerce platform helped mitigate the decline in brick-and-mortar revenue, but not enough to compensate. During the three fiscal years prior to its insolvency filing, the Company lost about $130 million in net income. As COVID-19 arrived in March 2020, the end of Le Château was sealed. Proms, weddings, galas, and parties were cancelled, decimating the retailer’s dress sales.

Le Château began liquidating its 121 stores in November 2020, as well as its transactional website. In December 2020, the licensed insolvency trustee acting as CCAA Monitor was also appointed Receiver because all assets were secured by loans to various financial institutions. A court granted the Company’s request to approve a sale transaction with Suzy’s Inc. in June 2021. Le Château’s intellectual property, merchandise, furniture, fixtures, equipment, and signage were purchased by Suzy’s. At that point, the inventory liquidation was completed. Before the Canadian company filed for bankruptcy, the companies changed their names to plain numbered companies as part of the sale of the intellectual property.

A bankruptcy filing was made by the company formerly known as Le Château Inc. on September 2, 2021. Le Château, now run by Suzy’s Inc., has announced its comeback from bankruptcy with the launch of an eveningwear collection ahead of the holidays.

restructuring of company
restructuring of company

Restructuring of company: Reasons for corporate restructuring

If the company is both insolvent and not viable in its existing form, the normal insolvency process would be receivership, bankruptcy or both. Instead of using the provisions of the CCAA to liquidate a major retailer, a Court-appointed receiver appointed under Quebec law as well as the Bankruptcy and Insolvency Act (Canada) would have accomplished the same thing as the CCAA process used.

In the example of Le Château, selling assets out of a financially sick corporation to a new owner who will operate the assets in a similar business is actually a form of restructuring of company operations. Because the old corporation has too much debt and too many operational problems, it cannot continue. However, as Suzy Shier has shown, there was a good business reason for them to buy certain assets, and they now plan to run a new Le Château business. A new owner was responsible for the restructuring of company operations and finances.

As a result of a financial crisis, a company may undergo restructuring to change the financial or operational aspects of its business. Restructuring can occur for several reasons, including:

  • deteriorating financial fundamentals;
  • a lack of profitability;
  • disappointing sales revenue;
  • debt that is too high; and
  • an industry with too much competition or the company is no longer competitive.

Under financial duress, a company engages in restructuring when it makes significant changes to its financial or operational structure. In reorganizing internally, a company’s operations, processes, departments, or ownership may change, enabling it to be more integrated and profitable. If shareholders and creditors reach an agreement on a reorganization of assets, issuance of equity to reduce debt, or bankruptcy as long as the business maintains operations, the company may sell its assets.

Restructuring a company usually involves cutting costs, such as payroll, or shrinking the company through asset sales. After restructuring is completed, the business operations should become smoother and more economically sound.

restructuring of company
restructuring of company

Restructuring of Company: The company restructuring process

Restructuring a company has many benefits, as well as many reasons for a company to restructure. The benefits of corporate reorganization can be summarized in two words: survival and success. The right financial advisory firm can help business owners deal with these challenging issues, whether they are reorganizing for survival or strategic repositioning for the future.

Your company should select restructuring professionals who are experienced in your specific industry as well. As soon as major problems are discovered, the company should begin restructuring its operations and finances. Early diagnosis allows a company to fully evaluate its options and avoid being cornered.

Corporate business restructuring can be divided into several stages:

  • assessing the organizational restructuring needed;
  • implementing the organizational restructuring;
  • identification of weaknesses;
  • developing detailed plans to correct these weaknesses through restructuring;
  • calculating and securing funding;
  • raising private equity to help improve operations and balance sheet;
  • evaluating the impact of implemented strategies and amending them as necessary;
  • comparing actual financial results to the budget to ensure the restructuring remains on track; and
  • making necessary corrections.

Companies often do not allow enough time to plan and implement restructurings. A successful restructuring of a company’s finances and operations depends on how much upfront assessment work was done, how detailed the plan is, and how well the restructuring strategy is implemented.

Reorganizations can take a long time depending on whether they are reactive or proactive. An example of a reactionary restructuring is when bankruptcy proceedings force a company to make changes within a specified period. A corporate executive officer who recognizes a change in consumer preferences and positions their company to be a leader in tomorrow’s market is an example of being proactive.

In today’s economy, companies face many challenges, and company restructuring can be a short- and long-term answer to maintaining company viability. Company restructuring concerns vendors and consumers, stockholders and financial relationships, employees and inventory, quality control and environmental impact, equipment and technology, and management and marketing.

In addition to the reasons for restructuring, every major restructuring has some of these common elements:

  • an improved balance sheet;
  • reduced tax obligations;
  • divesting underproductive assets;
  • Outsourcing some functions that can be more cost-effectively done by outside suppliers rather than by company employees;
  • reducing debt loads;
  • relocating operations;
  • restructuring marketing, sales, and distribution;
  • renegotiating employment contracts;
  • refinancing debts; and
  • changing the company’s public image.

Restructuring company operations and finances are expected to result in long-term survival, profitability, and viability, regardless of the reasons and the specific steps taken.

restructuring of company
restructuring of company

Restructuring of company summary

I hope this restructuring of company Brandon Blog post was helpful for you. Are you worried about your financial situation because you are dealing with substantial debt challenges as a business owner or as an individual? Call me if you have too much debt. It is not your fault. To deal with financial problems, you have actually only been shown the old ways. These old methods no longer work.

The Ira Smith Team employs new modern methods to get you out of debt while avoiding bankruptcy. Let us help you obtain the relief you deserve.

You are under a lot of pressure. We understand your discomfort. A new approach will be designed for you that is as unique as you and your issues, both financial and emotional. Your burden will be lifted and the dark cloud hanging over you will be blown away. We will design a debt settlement strategy for you. We are confident that we can assist you right away.

People and businesses facing financial troubles need a realistic lifeline. There is no one-size-fits-all approach with the Ira Smith Team. Even though we are licensed insolvency trustees, we have found that not everyone has to declare bankruptcy in Canada. Most of our clients never declare bankruptcy. We help people and companies avoid bankruptcy.

This is why we can create a new restructuring process for paying off debt that will be custom-built for you. You’ll have a unique experience, just like the economic difficulties and discomfort you are experiencing. If any of these describe you and you are serious about finding a solution, contact the Ira Smith Trustee & Receiver Inc. group today.

Call us now for a no-cost consultation. Let us get you or your business back on track, driving to healthy and balanced trouble-free operations and eliminating the discomfort factors in your life, Starting Over, Starting Now.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

restructuring of company
restructuring of company
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THE LUCRATIVE RESP BANKRUPTCY PLAN TO DEBT RELIEF

resp bankruptcy
resp bankruptcy

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

If you would prefer to listen to the audio version of this Brandon Blog, please scroll to the very bottom of the page and click play on the podcast.

RESP bankruptcy introduction

Parents contribute to their child’s Registered Education Savings Plan (RESP) in order to save for their children’s post-secondary education. In contrast to Registered Retirement Savings Plans (RRSPs), RESP contributions, or the total amount of all contributions made by the parent(s), is a property that is available for seizure in bankruptcy of the owner of the RESP.

In this Brandon Blog, I explain why an RRSP, unlike an RESP, is mostly exempt from seizure in bankruptcy. RRSPs and a Registered Retirement Income Fund (RRIF) are exempt from seizure based on a balancing act between federal and provincial laws. The RESP bankruptcy is not exempt. Since I practice in Ontario, I will only comment on the situation there.

Will I lose my RRSP in bankruptcy?

An RRSP’s exemption from seizure in bankruptcy was determined solely by provincial law before 2008. The bankruptcy treatment of RRSPs was not outlined in federal insolvency law. The Bankruptcy and Insolvency Act (Canada) (BIA), being the federal bankruptcy law in Canada, other than the exception described in the next section, exempted assets contained in either an RRSP or an RRIF from seizure as of July 2008.

Inequality among RRSPs was the reason for changing the BIA. If your RRSP was held at a financial institution, it would not be exempt from seizure if you filed for bankruptcy. But if you held it:

  • at an insurance company; AND
  • the beneficiary designation of your plan was irrevocable as your spouse, child, parent, or grandchild in the event of your death

under the Ontario Insurance Act, the entire RRSP or RRIF was exempt from seizure.

The reason for amending the BIA was twofold:

  • all RRSPs and RRIFs should be treated the same, regardless of which institution holds them; and
  • retirement income should not be lost as a result of financial problems for Canadians who have gone bankrupt, since their fresh start is made possible by the bankruptcy system.

In other words, before July 2008, people who were going to file for bankruptcy and who had a sizeable RRSP with a chartered bank would transfer the RRSP to an insurance company and designate one or more beneficiaries accordingly. In Canada, bankruptcy courts heard many cases about transactions designed to save an RRSP from seizure in bankruptcy.

An insolvency trustee or bankruptcy trustee could replace the named beneficiary of an insurance policy or retirement investment, including RRSPs or RRIFs, with the Estate and then collapse the plan so as to obtain the funds if the beneficiary designation of the policy was revocable. Trustees cannot collapse investments if the beneficiary is irrevocable; such plans constitute exempt assets. A Trustee would have to use it as one of the reasons for opposing a bankrupt’s discharge. Since the person, aware of their insolvency, transferred the asset for no value, the creditors are unable to pursue them. This was is known as a settlement.

The leading case on this issue, which was eventually followed by other jurisdictions, including Ontario, is Royal Bank of Canada v. North American Life Assurance Co., 1992 CanLII 4696 (SK CA), also known as the Ramgotra case. Dr. Ramgotra was bankrupt. A lower court decision regarding what should be done with the RRSP funds, turned into an RRIF, prior to his bankruptcy but when he knew he was in financial trouble, was appealed by the Royal Bank of Canada, having received Court approval to appeal the case instead of the Trustee appealing. The Court of Appeal found that the property had an irrevocable interest in Mrs. Ramgotra despite the transfer of the RRSP being a settlement.

So effective July 2008, the Canadian government amended the BIA so that regardless of which of the financial institutions an RRSP was held, only the contributions made within 12 months of the date of bankruptcy were subject to being lost to the licensed insolvency trustee in bankruptcy.

resp bankruptcy
resp bankruptcy

Registered Education Savings Plans (RESP) and bankruptcy: RESP bankruptcy is not exempt

It is fairly simple to understand why RESP contribution funds are not exempt from seizure in bankruptcy. Since the parent can collapse the plan before maturity, the child does not receive a property interest in the RESP funds. There is therefore no trust or transfer of property to the child. In an RESP bankruptcy, the bankrupt parent’s Trustee can therefore collapse their RESP.

A Trustee must make satisfactory arrangements with the parent, or another relative, to have them pay the Trustee the equivalent amount of funds in the RESP at the date of bankruptcy. This way the Trustee will have recovered on the asset for the benefit of the bankruptcy estate and the bankrupt’s creditors. The bankrupt parent will have done what is necessary in order to avoid the RESP collapsing, losing the government contributions money and not having the plan value go forward for the child.

MP Dan Albas introduced his private member’s bill, An Act to amend the Bankruptcy and Insolvency Act (property of bankrupt registered education savings plans), on June 3, 2019. In this bill, the purpose was to amend section 67(1)(b.3) of the BIA, so that RESPs receive the same treatment as RRSPs and RRIFs. Like many other private member’s bills that die, this bill has not made any progress.

The thrust is obviously to make sure that other than for contributions made in the 12 months before the date of bankruptcy, a parent should not lose the RESP benefits for their child’s post-secondary school education because of their bankruptcy.

No matter how well-intentioned, one societal reason this Bill C-453 initiative will fail is that an elementary or high school student’s college tuition differs from that of a retiree whose earning years are behind him or her. So to date, there is no federal law that provides creditor protection for a Registered Education Savings Plan.

How to preserve an RESP bankruptcy

Your RESP’s liquidation cash value can be determined by contacting the financial institution holding the funds. The liquidation value does not include the government grant portion of the funds that are only available if the child attends a qualified educational institution.

You can instruct your Trustee to contact the financial institution holding the RESP funds to have the plan cashed out and remit the proceeds (net of government contributions) to the Trustee. This way the asset of the bankruptcy estate will go for the benefit of your creditors if you are not interested in keeping your RESP, which is unlikely in almost every case.

Preserving an RESP bankruptcy can be achieved in two ways. The first is to avoid bankruptcy. No, I don’t mean to tell you not to deal with your financial problems because like it or not, you are in an insolvency scenario. Just don’t use bankruptcy. If your debts not secured by your primary residence are $250,000 or less, you should consider a consumer proposal. You may use the large debtor proposal provisions of the BIA if the debts exceed this amount.

Second, the nonbankrupt spouse, or another relative, can buy the Trustee’s right, title, and interest in the RESP for an amount equal to its liquidation cash value. Thus, the purchaser becomes the owner of the RESP, and the child will continue to benefit from it. In acting in the best interests of unsecured creditors, the Trustee will have recovered the liquidation cash value.

resp bankruptcy
resp bankruptcy

RESP bankruptcy: A very recent divorce example

Having just dealt with this issue last week in one of our personal bankruptcy filings, I am writing about the RESP bankruptcy treatment today. I am the insolvency trustee in a bankruptcy filed by a divorced mother who is now on her own. The failure of her restaurant caused by the COVID-19 pandemic caused her to go bankrupt because of her high debt load.

Her ex-husband and she owned a registered education savings plan for their only child. As part of the no-cost session I provide to anyone contemplating insolvency, I discussed what might happen to an RESP bankruptcy if a bankruptcy is filed.

It was an upsetting experience for the mother. It was clear that she was upset at the prospect of losing half the liquidation proceeds if the plan collapsed. In addition, it was part of the divorce agreement that the jointly owned RESP would be continued for the benefit of the child. We had to create a plan to keep the RESP afloat in the event of RESP bankruptcy. I had no trouble coming up with the plan. What was tricky were the technical details.

This is what we came up with. First, we told her to contact the financial institution where the funds were held and obtain a written statement of the plan’s liquidation cash value. After receiving the written statement from the financial institution, we told her to pass it along to us. She did, and it turned out that the total liquidation value was approximately $26,000. She, therefore, had a half-interest valued at $13,000. We then got her permission to contact her ex-husband and explain the situation.

The ex-husband was informed that his ex-wife would be filing for bankruptcy by us. There would be an RESP bankruptcy. He knew that he had to maintain the RESP. When his ex-wife went bankrupt, we told him that if he purchased our right, title, and interest in the RESP, he would become the sole owner, and the fund would be preserved in an RESP bankruptcy and they could continue contributing to it. It was no problem for him, thankfully.

Because she had actually not yet filed for personal bankruptcy, we had not yet been designated as the licensed insolvency trustee. Our objective was to make sure there wouldn’t be a change of mind despite the divorce condition. Based on Canadian bankruptcy legislation, we scheduled the ex-husband to offer a $13,000 third-party cash guarantee to cover the costs of carrying out the personal bankruptcy.

Furthermore, we agreed that upon the bankruptcy, subject to the approval of the Inspectors, if any were appointed in this summary administration bankruptcy, we would then convert this third-party guarantee into the right, title, and interest as the licensed insolvency trustee of the RESP.

A bill of sale would be issued to him, and we would confirm jointly with the financial institution that he is now the sole owner of the RESP, and they would need to amend their records accordingly. This RESP bankruptcy would have been fully realized as we had gotten the full value of the mother’s half-interest in the RESP. It was a win-win situation for everyone involved.

resp bankruptcy
resp bankruptcy

RESP bankruptcy: What about you?

Hopefully, you see from this Brandon Blog, there are ways to deal with an RRSP both in bankruptcy and non-bankruptcy situations. I hope you found this RESP bankruptcy Brandon Blog informative. Are you in financial distress and a debt crisis? Are you worried about any RRSP or RESP contributions? Do you not have adequate funds to pay your financial obligations as they come due? Are you worried about what will happen to you in retirement? Do you need to find out what your debt relief options and realistic debt relief solutions for your family debt are?

Call the Ira Smith Team today. We have decades and generations of experience assisting people looking for life-changing debt solutions through a debt settlement plan and AVOID the bankruptcy process.

As licensed insolvency professionals, we are the only people accredited, acknowledged and supervised by the federal government to provide insolvency advice and to implement approaches to help you remain out of personal bankruptcy while eliminating your debts. A consumer proposal is a government-approved debt settlement plan to do that. It is an alternative to bankruptcy. We will help you decide on what is best for you between a consumer proposal vs bankruptcy.

Call the Ira Smith Team today so you can eliminate the stress, anxiety, and pain from your life that your financial problems have caused. With the one-of-a-kind roadmap, we develop just for you, we will immediately return you right into a healthy and balanced problem-free life.

You can have a no-cost analysis so we can help you fix your troubles.

Call the Ira Smith Team today. This will allow you to go back to a new healthy and balanced life, Starting Over Starting Now.

We hope that you and your family are safe, healthy and secure during this COVID-19 pandemic. Ira Smith Trustee & Receiver Inc. is absolutely operational and Ira, in addition to Brandon Smith, is readily available for a telephone consultation or video meeting.

resp bankruptcy

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TOO MUCH PERSONAL DEBT: OUR COMPLETE GUIDE TO KNOWING WHEN YOU HAVE TOO MUCH DEBT

too much personal debt
too much personal debt

Too much personal debt: Introduction

The reality is that we live in a credit-based society. As a result almost everyone lives with debt and we don’t give it a second thought. After all, who do you know that pays for a house or a car in cash? And who doesn’t use credit cards? Having debt isn’t necessarily a problem; taking on more debt than you can repay is the problem. So how do you know that you’ve taken on too much personal debt?

Too much personal debt: What’s too much debt?

Traditional lenders (financial institutions) will typically grant you a loan based on two main criteria (there are other factors involved).

  1. Total Debt Servicing Ratio (TDSR): Add up all of your monthly debt payments – mortgage/rent, car payment/lease, utilities, credit cards, lines of credit, etc. If these monthly payments add up to more than 40% of your income before taxes, it’s not very likely that a traditional lender will grant you a loan.
  1. Gross Debt Servicing Ratio (GDSR): GDSR is your mortgage payment plus heating and taxes and it should not exceed 32% of your income before taxes. If your GDSR exceeds 32% of your income, it’s not very likely that a traditional lender will grant you a loan.

If you don’t qualify for a loan from a financial institution, you know you’ve taken on way too much debt.

Too much personal debt: Way too much debt

Although subprime lenders will lend money to people who don’t qualify for loans from financial institutions, their interest rates are exorbitant. Borrowing from these companies can put you into worse debt than you’re already in, so run for your life.

Other signs that you’ve taken on too much personal debt are much more obvious. Are you having trouble making your monthly payments? Are you getting calls from collection agencies? Are you living from paycheque to paycheque?

Too much personal debt: When you have too much debt

If you’ve taken on too much personal debt, get help now. Call Ira Smith Trustee & Receiver Inc. today. With immediate action and the right financial plan we can help you get back on track to debt free living Starting Over, Starting Now.

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too much personal debt
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ALTERNATIVE MORTGAGE LENDERS CANADA REVIEW

Alternative mortgage lenders CanadaAlternative mortgage lenders Canada: Introduction

Alternative mortgage lenders Canada have now made sure that mortgages and loans are no longer the exclusive domain of banks and other brick and mortar financial institutions. Fintechs (financial technology companies) have changed the game in the same way that Uber disrupted the taxi industry. In fact banks who don’t want to be left are changing the way they do business and investing in or partnering with fintechs.

We recently blogged our review of two recent alternative lenders in Canada:

  1. # VIDEO – CREDIT KARMA CANADA REVIEW: IS IT REALLY FREE AND LEGITIMATE? #
  2. #VIDEO- GOOD AND BAD CREDIT LOANS REVIEW CANADA #

Alternative mortgage lenders Canada: Fintechs are a legitimate alternative

We’ve traditionally thought of alternative lenders as shady operators or payday lenders who prey on the most vulnerable. However a new crop of alternative lenders has emerged in the mortgage game – the fintechs. Some are publicly traded companies and perfectly legitimate. They market to the millennials who want everything online and in an instant; and that’s what some of the new fintechs deliver.

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Alternative mortgage lenders Canada: How do the fintechs offering mortgages work?

  • They can register as a broker and have licensed brokers on staff
  • In addition to mortgages they can offer personal loans
  • They work on a fee-based model which gives them upfront revenue without capital requirements or credit risk
  • They receive a commission on mortgages completed through their service

Alternative mortgage lenders Canada: Fintechs technology advantage

Fintechs take advantage of technology to change the mortgage process. They try to create a more personal experience for users (more akin to online banking) and believe that their process of acquiring a mortgage is more transparent than that of traditional financial institutions. Some even give perks such a bottle of champagne to celebrate your new mortgage and/or dinner for meeting payment milestones. Some fintechs offer:

  • A mobile interface where users can compare rates, apply for a mortgage and track their payment progress
  • An interactive dashboard that walks users through the mortgage process
  • The ability to set up things like payment reminders and progress trackers

Alternative mortgage lenders Canada: What does it mean for you?

For one thing, the banks and other financial institutions have competition, and competition always benefits the consumer. Chances are if you’re already indoctrinated in digital and reach for Apple Pay or Android Pay instead of your wallet, you may welcome fintechs into the mortgage scene. But, not all fintechs are created equal. It’s up to you to check them out thoroughly and check out the rates to make sure they are giving you a good deal. You have options when it comes to taking out a mortgage but make sure you do your homework.

Alternative mortgage lenders Canada: What if you have too much debt?

Not all homeowners’ stories have happy endings. If you’ve bitten off more than you can chew or life has thrown you a curve ball and you can’t make the mortgage payments, contact Ira Smith Trustee & Receiver Inc. We’re here to help you solve your debt problems and set you on a path to debt free living Starting Over, Starting Now. All it takes is one phone call to schedule a free, no obligation appointment.

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Brandon Blog Post

PAYDAY LOANS TORONTO NO CREDIT CHECK

payday loans toronto no credit check, bankruptcy, debt, financial institution, financial institutions, financial plan, interest rate, interest rates, living paycheque to paycheque, payday loan, payday loan companies, payday loans, starting over starting now, the cash store, trusteeHere is a very funny bit from “Last Week Tonight with John Oliver” on HBO regarding the predatory lending practices of payday loan companies. It is very sad, but true. It is well worth watching this video because among the humour, are some very good lessons as to why not to get involved with payday loan companies and their related very high cost of lending.

Although it applies to the US payday loan industry, it is equally applicable to Payday Loans Toronto No Credit Check also. We also have written other blogs on the dangers of the Payday Loan Industry, including:

And now, click on the video to listen to this very funny bit by John Oliver.

Instead of perpetuating the cycle of debt, we encourage you to see a professional trustee. Contact Ira Smith Trustee & Receiver Inc. for a no fee, no obligation appointment. We’re a full service insolvency and financial restructuring practice serving companies and individuals throughout the Greater Toronto Area (GTA) facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. It’s time to end the cycle of debt. Say NO to payday loan companies. Say YES to a solid financial plan for moving forward to a debt free life.

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Brandon Blog Post

PAYDAY LOAN COMPANIES: THERE ARE OPTIONS

payday loan, payday loans, payday loan companies, living paycheque to paycheque, interest rate, interest rates, trustee, bankruptcy, debt, financial institution, financial institutions, financial plan, the Cash Store, VanCity, starting over starting nowFinally a financial institution has stepped up to the plate and is offering a viable alternative to payday loan companies. Sadly, people who typically turn to payday loan companies are low income earners who are barely surviving and living paycheque to paycheque. Payday loan companies are not helping them; they are creating higher debt loads and holding them hostage with insane interest rates.

The Cash Store, a payday loan company, offers a $300 loan for 14 days for $69, which is an annual interest rate 599.64% on their payday loans product. Vancity, Canada’s largest community credit union with branches in Metro Vancouver, the Fraser Valley, Victoria and Squamish, launched a new financial product to combat payday loans, called Vancity Fair & Fast Loan. If a credit union member borrows $300 for minimum term of two months and pays it off in two weeks, it would cost $2.20, a 19% annual percentage rate.

The Canadian Payday Loan Association says as many as two million Canadians take out payday loans every year. There has been a lot of talk about “cleaning up the payday loan industry” but if more financial institutions follow Vancity’s lead, payday loan companies would disappear from our landscape without further government regulations.

Don’t wait for payday loans to disappear before searching out more permanent solutions. Instead of perpetuating the cycle of debt, we encourage you to see a professional trustee. Contact Ira Smith Trustee & Receiver Inc. for a no fee, no obligation appointment. We’re a full service insolvency and financial restructuring practice serving companies and individuals throughout the Greater Toronto Area (GTA) facing financial crisis or bankruptcy that need a plan for Starting Over, Starting Now. It’s time to end the cycle of debt. Say NO to payday loan companies. Say YES to a solid financial plan for moving forward to a debt free life.

Call a Trustee Now!