Selling?

Buying a repo in Greater Montreal

A “reprise de finance” is a property put up for sale by a mortgage lender (often a financial institution) after the borrower defaults. In Québec, the lender must follow the steps of the Civil Code before it can sell.

Kinds of repos (taking in payment, sale under judicial authority, sheriff’s sale): see the FAQ.

1

Prior notice

The lender registers a prior notice of the exercise of a hypothecary right at the land registry and serves it on the owner, who has a set period (generally 60 days for a residence) to cure the default.

2

Taking in payment or sale under judicial authority

If the default is not cured, the lender either takes ownership (taking in payment) or obtains court authorization to sell (sale under judicial authority), often through a broker.

3

Purchase

The sale is usually made without legal warranty of quality, at the buyer’s risk. The price is often based on an appraisal; timelines and conditions are set by the seller.

Practical tips

General information only; not legal advice.

Repo FAQ: buying a repo in Québec

What is a “reprise de finance” (repo)?

It is a property sold by a mortgage lender, usually a financial institution, after the borrower stopped repaying the loan. The lender sells it after exercising a hypothecary remedy under the Civil Code of Québec.

What kinds of repos are listed here?

The data covers repossessions (lender and judicial sales).
Taking in payment: the lender becomes the owner through a court judgment or with the owner’s consent, then sells the property like any seller, usually without legal warranty.
Sale under judicial authority: the lender sells a property it doesn’t own, under the court’s supervision, often through a broker, usually without legal warranty.
Sheriff’s sale (judicial sale): a court officer (huissier) sells the property, typically by public auction.
These properties are usually sold without legal warranty; an inspection is recommended.

What is a prior notice of exercise (préavis d’exercice)?

Before taking or selling a property, the lender must serve the owner a prior notice of the exercise of a hypothecary right and register it at the land registry. For an immovable, the owner generally has 60 days to cure the default before the lender can go further.

What is a sale under judicial authority (vente sous contrôle de justice)?

It is a sale authorized by the court, which sets the conditions (minimum price, deadlines, method of sale) and appoints the person in charge of selling. The other common remedy is taking in payment: the lender becomes the owner and then resells the property itself.

Is a repo sold with the legal warranty?

Usually not. Most repos are sold without the legal warranty of quality, at the buyer’s risk. The seller, which has often never lived in the property, knows little about its history, and its disclosures are usually limited.

Can I have the property inspected?

Yes, and it is strongly recommended. Plan a pre-purchase inspection by a qualified inspector and, if needed, specialized checks (drains, roof, pyrite, dry rot, oil tank). The offer can be conditional on the inspection, depending on what the seller accepts.

How do I finance a repo purchase?

As with a regular purchase: a mortgage from a lender, with a pre-approval before making an offer. A property that needs major work can be harder to finance; some lenders offer purchase-plus-improvements programs.

How long does the transaction take?

Usually longer than a sale between individuals. The institution must approve the offer internally, which can take a few business days, and a sale under judicial authority follows the deadlines set by the judgment. Allow some flexibility for the signing date at the notary.

Are appliances and inclusions included?

Not necessarily. The property is often sold “as is” and items left on site are not guaranteed. Check the list of inclusions and exclusions on the listing and in your promise to purchase.

Do I pay the welcome tax?

Yes. The property transfer duties (“welcome tax”) apply as for any purchase. The municipality calculates them on the higher of the price paid and the adjusted municipal assessment (comparative factor). Rates vary by municipality, and Montreal applies higher brackets.

Is a repo always sold below market value?

No. The asking price is often based on an appraisal, and several offers may be submitted. Compare with recent sales in the area and account for the work needed before setting your price.

Do I need a broker and a notary?

You can be represented by the broker of your choice for the search, the offer and the negotiation. In Québec, the deed of sale of a property is signed before a notary, who also checks the title and registered rights.

General information only; not legal, tax or financial advice. Consult a notary, an inspector and your lender about your situation.