This paper discusses the process to have funds paid out of court after a foreclosure sale. It considers potential creditors in a foreclosure proceeding, priorities, and exemptions under the Civil Enforcement Act. It also discusses the implication of Crown claims, certificates of lis pendens, and builders’ liens on such funds. The paper includes a sample application, affidavit, and order to have funds paid out of court.
This paper is part of a collection presented at LESA’s Foreclosure Fundamentals seminar in Edmonton on May 18, 2017 and in Calgary on May 23, 2017.