LeClair Thibeault

Foreclosure Defence

Foreclosure Defence

A foreclosure notice isn’t the end. At LeClair Thibeault, we will fight for your rights and help you work to find a resolution.



Foreclosure is what happens when a person or corporate entity becomes delinquent on a mortgage. There could be more options for dealing with it than you think.

Your lender doesn’t want to foreclose

It may seem otherwise, but your lender doesn’t want to foreclose on the property. Banks and other lenders take losses when they need to sell foreclosed properties. If they can avoid having to make a short sale, they will.

Furthermore, if they believe that you can become current on the mortgage again, they’ll probably extend you better terms. A delinquent mortgage looks worse on their books than a modified loan.

Develop a financial plan

We can help you to argue your case more effectively. It is possible to realistically change the situation so that it becomes the lender’s advantage to keep you in the house, they’ll be less likely to proceed with foreclosure. If you have an interruption in employment or have suffered losses on investments, come up with a plan for how to replace the cash flow.

If the delinquency arose due to a temporary issue like a medical crisis, explain the situation in a letter.

Don’t stop communicating

Keeping an open line of communication with the lender is the most effective way for you to improve your situation. Avoiding phone calls might feel better, but that will just add frustration to the lender and make them less willing to work on negotiation with you.

In our experience, we have found that lenders are more willing to work with you if you express an interest in remaining in the home. We will help you articulate a financial plan for getting your payments current again with the mortgage and show that you’re willing to come to a payment plan.

LeClair Thibeault has been providing foreclosure defence in Calgary since 2001. Our expertise means we can help you navigate foreclosure proceedings while minimizing the impact on your credit and possibly staying in the home.

Write a letter of forbearance or hardship

The document that you want to draft is a letter requesting a forbearance or describing the difficulty that you are experiencing. Our lawyers can help you to format the message and advise you on what content to include.

Favourable letters establish why the difficulty is temporary and why it will be in the bank’s best interests to delay foreclosure or modify the mortgage. They also include a realistic improvement plan that consists of some solid figures.

areas of expertise

When it comes to protecting your real estate, experience is an invaluable asset. Put your trust in LeClair Thibeault, Alberta's pre-eminent real estate law firm.

Real Estate Law

A mortgage agreement is both exciting and daunting. Don’t let it also become a burden if it wasn’t handled correctly. There’s a lot more to structuring a mortgage than the interest rate. Not knowing the details of the mortgage can present problems down the road, especially if you decide to sell the home.

Wills & Estate Planning

A common cause of family conflict after a loved one has passed is no direction over assets. Without a will or proper estate planning, family members could potentially fight for years over your assets. In the end, your estate and assets may not go to who you wanted them to. A well-drafted will ensures that your wishes.

Foreclosure Defence

Banks don’t always want to foreclose and take away people’s homes. There are strategies we can help you with to help you reduce the impact on your credit and help you either remain in your home or find a new one. LeClair Thibeault will defend your assets and work to set terms that work for both you and the bank.

Commercial Law

Alberta’s leading financial institutions trust LeClair Thibeault above most other area law firms. Our commercial law group focuses include business sales and purchases, commercial purchases, refinancings,  secondary lending and more. When your business is on the line, get it right the first time.

Corporate Law

Get your corporate law issues right the first time. Get expert help with partnership agreements, reorganizations, share issuance, and more.


At LeClair Thibeault, we have built a reputation for being a trusted brand for real property law and commercial law in Alberta. Our corporate law services include helping you with tax planning, business sales and purchases, and commercial litigation.


Foreclosure is a sensitive matter. Protecting your privacy is our legal obligation. Our specialists are eager to help you to resolve your foreclosure to your advantage.

Your legal matter is important to us. You can either use our convenient online contact form or call our office for more information about working with us. We provide free fee estimates for real estate transactions and more. Your issue will be Done Now. Done Right.®