Home Trust Company v. Ballam
HOME TRUST COMPANY
Law Firm / Organization
BoyneClarke LLP
TERRANCE BALLAM, ALSO KNOWN AS TERENCE BALLAM
Law Firm / Organization
Self Represented
  • Background:

    • Terrance Ballam mortgaged his property to Home Trust Company but failed to make payments.
    • Under the Conveyancing Act, Home Trust demanded payment or vacant possession of the property, which Ballam did not fulfill.
    • An Originating Application for vacant possession was initiated by Home Trust.
  • Outcome:

    • Parties agreed to a Consent Order: Ballam to vacate by end of February 2024, Home Trust waived court costs.
  • Legal Guidance Provided:

    • Justice MacDonald outlined procedures and requirements for lenders enforcing mortgages via powers of sale:
      • Power of Sale Requirements: Must follow specific steps including default notice and proving mortgagor's default.
      • Notice and Service: Details how default notices should be served and procedures for serving an application for vacant possession.
      • Vacant Possession Applications: Requirements for filing and content of affidavits in such applications.
      • Sale of Property: Procedures for selling a property under mortgage, including notice requirements and sale conditions.
  • Judicial Insights:

    • Emphasized the necessity for strict compliance with the power of sale processes to ensure fairness and clarity in foreclosure cases.
Supreme Court of Newfoundland and Labrador
202301G1375
Civil litigation
Applicant