Question:

How can a tenant be involved in the court process of foreclosure?

by Guest785  |  6 years, 7 month(s) ago

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How can a tenant be involved in the court process of foreclosure?

 Tags: court, foreclosure, involved, process, tenant

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  1. Guest786

     

    Most commonly, the tenant will not know about the foreclosure until it is too late to be involved in the court process at all.

    If you do find out that the property you are renting is in foreclosure before a final Order is made, you can file a Notice of Address for Service with the Clerk at the Court of Queen’s Bench. The Alberta Rules of Court, Rule 11.24, allows for a tenant to do this, and the Rules include an example form of what this Notice should look like (see Form 48). You can find the Rules online at the Alberta Queen’s Printer website (www.qp.alberta.ca). The tenant can then serve a copy of this Notice on the Plaintiff (the bank or the bank’s lawyer).

    This Notice tells the Plaintiff that the tenant wants to know about all the formal steps, such as court applications, that occur during the foreclosure process. Once the Notice has been served, the Plaintiff must serve the tenant with documents from the foreclosure action. This Notice does not mean that the person will be able to ask the Court to order something; it only lets the person know when an application is occurring.

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