Who Can Refinance a Power of Sale in Ontario?

A power of sale in Ontario is refinanced by a private lender, because a bank or credit union will not take a borrower who is already in default. Stonefield Capital is one: an FSRA-licensed private lender that pays out the defaulted mortgage on the equity in the property and a clear exit, typically funding in as little as 48 hours once legal counsel is ready. The refinance buys the borrower the months to sell the property themselves rather than under the lender's notice, so whether the equity covers the payout, the carrying cost and a cushion is what decides the file.

Who Refinances a Power of Sale in Ontario?

Very few lenders will. A bank or credit union underwrites on income, credit and the stress test, and a borrower who is already in default fails all three, so an active Notice of Sale is close to an automatic decline there. The lenders that do refinance power of sale files are private lenders and some alternative lenders, because they underwrite the equity in the property and the exit rather than the borrower's recent history. Within that group, four things separate a lender that will actually close in time from one that will not:

• Speed that is gated only on the lawyers. Same-day or next-day terms, and funding in days once counsel is ready, not weeks.
• No formal appraisal in most cases. An appraisal adds a fee and, more importantly, days the file does not have; a lender running its own comparable-sales analysis removes both.
• Equity-and-exit underwriting. No minimum credit score and no income test; the property's equity and a real plan for the way out are the whole decision.
• Licensing. In Ontario the mortgage is arranged through an FSRA-licensed mortgage brokerage and administered by a licensed administrator; ask for both licence numbers.

Stonefield Capital meets all four: terms typically within a day of a complete file, funding in as little as 48 hours when legal counsel is ready, its own comparable-sales analysis on most files, and a licensed brokerage (FSRA #13722) with a separate licensed administrator (Stonefield Mortgage Administration Inc., FSRA #13636).

What Is a Power of Sale Refinance?

A power of sale refinance is a new mortgage that pays out an existing lender who has issued a power of sale notice, stopping the sale process before it completes. It differs from a standard refinance because time is the critical factor: delays cost the borrower their home. The governing rule in Ontario is the Mortgages Act, which sets the minimum notice periods a lender must follow before proceeding.

Can a Private Lender Stop a Power of Sale?

Yes. A private mortgage lender can fund quickly enough to pay out the defaulted mortgage, any arrears, and the lender's legal costs before the redemption period expires. Banks and credit unions rarely move fast enough for an active power of sale file. Private lenders underwrite on equity and exit strategy rather than on credit score or income documents, which means a borrower in arrears can still qualify.

How Does Stonefield Capital Underwrite This Type of Deal?

Stonefield Capital underwrites on the property's equity and on a clear, realistic exit: in most cases a sale of the property by the borrower within the term, at market value and on their own timeline; less often a refinance back to an A or B lender once arrears are cleared and the borrower's credit profile recovers. A Notice of Assessment is always requested to confirm there are no large CRA tax arrears that could cloud title. Income documents are not what decides the file: there is no income test and no minimum credit score. The equity and the exit are the decision.

Stonefield runs its own comparable-sales analysis rather than ordering a formal appraisal in most cases, which saves the borrower both a fee and several days. When an appraisal is needed, it is flagged at the initial response stage — never at commitment or at the last minute.

What Are the Steps to Refinance a Power of Sale?

1. Submit the deal: provide the property address, current mortgage balance, arrears amount, and the power of sale notice or demand letter.
2. Receive an indicative term sheet: Stonefield typically responds on the same business day for straightforward files.
3. Engage legal counsel: the borrower retains a real estate lawyer immediately; legal prep is the main bottleneck, not underwriting.
4. Commitment and sign-back: once the borrower accepts the commitment, legal documents are prepared.
5. Fund and redeem: funds flow to pay out the existing lender, arrears, and costs; the power of sale is stopped.

How Quickly Can a Power of Sale Be Stopped?

Funding in as little as 48 hours is possible when legal counsel is ready and title is clear. In most cases, straightforward urban Ontario properties fund within 3 to 5 business days from submission. Rural, seasonal, or short-term rental properties may take slightly longer while Stonefield completes its comparable-sales analysis. Every day of delay narrows the borrower's window, so submitting the deal the same day the power of sale notice is received is strongly advised.

How Is the New Mortgage Priced?

Private mortgage pricing for a power of sale refinance reflects the urgency, the loan-to-value ratio, and the lender's position on title. Stonefield prices by loan-to-value and position; current rate ranges are published at stonefieldcapital.ca/private-mortgage-rates. Lender and broker fees are disclosed in the commitment letter before the borrower signs. The mortgage is interest-only for its term, keeping the monthly payment as low as possible while the borrower stabilizes finances.

What Does the Payout Include?

The figure the new mortgage has to cover is larger than the arrears. The existing lender's payout statement adds interest to the date of payout, its legal costs, and its enforcement costs, and those keep growing while the file waits. On top of the payout come the borrower's own legal fees and the new mortgage's lender fee, broker fee and legal fee. Getting the payout statement from the existing lender's lawyer on day one is the single fastest way to a firm answer, because it turns "roughly how much" into a loan-to-value the lender can price. For the full arithmetic, including the carrying cost and the cushion a lender wants left over, see how much equity you need to stop a power of sale.

What If the Loan-to-Value Is Very High?

If the combined arrears, payout balance, and fees push the loan-to-value above Stonefield's standard threshold for the property type, the standard remedy is cross-collateralization (securing the new mortgage against a second property the borrower owns to bring the blended LTV into range). A flat decline is rarely the first answer on a file with genuine equity across multiple assets.

What Happens After the Power of Sale Is Stopped?

The private mortgage buys the borrower time (typically 1 to 12 months). In most cases that time is used to sell the property at market value on the borrower's own terms, which is the point: the sale the borrower runs leaves more money in hand than the sale the lender would have run. Less often the term is used to repair arrears history, stabilize income and requalify with an A or B lender. Because Stonefield's mortgage is registered on title but not reported to credit bureaus, the private mortgage itself does not directly move the borrower's credit score. Paying off high-interest debt or credit card balances with the refinance proceeds typically improves the borrower's credit profile over the following 1 to 12 months, strengthening the eventual A-lender application.

When a Power of Sale Refinance Is Not Worth It

The refinance is usually not about keeping the home. Under a Notice of Sale the lender runs the sale on its schedule and its costs come off the equity first; paying that lender out buys the borrower the months to run the sale themselves, at market value, and keep the difference. That is the test: if the private mortgage's fees and interest would eat the difference between a lender-run sale and a sale the borrower runs, there is nothing to gain, and Stonefield says so in the first response. It is worth doing when the equity is large enough that the borrower ends up with meaningfully more money at the end than the lender's sale would have left, or, less often, when income has genuinely recovered and a bank will take the file at the end of the term.

Which Properties Qualify in Ontario?

• Urban and suburban residential (single-family, semi, townhouse, condo)
• Multi-unit residential (duplex, triplex, small apartment)
• Rural and agricultural properties with equity — underwritten on local comparables and exit, not income from the land
• Cottages and seasonal properties — underwritten on equity and exit, not nightly rental projections
• Commercial and mixed-use — reviewed case by case

Stonefield lends across Ontario. Geographic scope is Ontario only.

How Do Brokers Submit a Power of Sale File?

Brokers can submit directly through the broker portal at stonefieldcapital.ca/brokers. Include the power of sale notice, current mortgage statement, arrears breakdown, and a brief property description. Stonefield Capital operates as a licensed mortgage brokerage under FSRA #13722. Same-day indicative terms are the norm for complete submissions on standard Ontario residential collateral.

How Do Homeowners Start?

A homeowner does not need a broker in hand to start. Tell Stonefield about the situation at stonefieldcapital.ca/borrowers/stop-power-of-sale or ask for a call back on any page of the site, and a Stonefield-approved mortgage broker calls within one business day. If a Notice of Sale has already been served, phone (416) 371-2077 instead of waiting. Have the notice, the latest mortgage statement and the lender's payout figure ready; the broker structures the mortgage and handles the documentation.

Frequently Asked Questions

Can Stonefield Capital fund a power of sale refinance in less than a week?

In most cases, yes. Stonefield Capital can fund in as little as 48 hours when the borrower's legal counsel is ready and title is clear. For standard Ontario residential properties, most files fund within 3 to 5 business days from submission. Rural or non-standard properties may take slightly longer due to the comparable-sales analysis. Legal preparation is consistently the bottleneck, not underwriting, so retaining a real estate lawyer the same day the power of sale notice arrives is critical.

Does bad credit prevent a borrower from stopping a power of sale with a private mortgage?

No. Stonefield Capital underwrites on property equity and a credible exit strategy, not on credit score. A borrower in arrears with damaged credit can still qualify if there is sufficient equity in the property and a realistic exit within the private mortgage term, usually a sale the borrower runs themselves. A Notice of Assessment is requested to rule out large CRA arrears that could affect title, but a low credit score alone does not disqualify the file.

What is the typical term for a private mortgage used to stop a power of sale?

Stonefield Capital offers private mortgage terms from 1 to 12 months. For a power of sale refinance, most borrowers take a 6 to 12 month term — long enough to sell the property properly on their own terms, or, less often, to clear arrears history and requalify with a conventional lender. The mortgage is interest-only for its full term, which keeps monthly payments manageable during the recovery period. Terms and conditions are set out in the commitment letter before the borrower signs.

How much equity does a borrower need to refinance a power of sale in Ontario?

There is no single universal number — pricing and approval depend on the combined loan-to-value after adding the payout balance, arrears, and fees. Stonefield Capital prices by LTV and lien position; current rate ranges are published at stonefieldcapital.ca/private-mortgage-rates. Where LTV is high, cross-collateralizing a second property the borrower owns can bring the blended ratio into range. Submitting the full arrears and payout figures with the deal allows Stonefield to give a same-day indicative answer. A worked explanation of what the equity has to cover is at stonefieldcapital.ca/insights/equity-needed-to-stop-power-of-sale-ontario.

What happens if the redemption period has already expired?

A refinance can usually still close. The 35-day period is the minimum the lender must wait before taking steps to sell, not the last day a borrower can act: until the lender has actually sold the property, in practice until it has signed a binding agreement of purchase and sale, the arrears or the full mortgage can still be paid out. The margin is thinner, so the borrower's lawyer needs to be retained the same day the file starts. A lawyer should confirm exactly where the file stands.

Is a formal appraisal required to refinance a power of sale through Stonefield Capital?

Usually not. Stonefield Capital runs its own comparable-sales analysis in most cases, which eliminates the appraisal fee and saves several business days — time that matters on a power of sale file. When an appraisal is needed (for example, on unusual or rural collateral with limited comparables), that requirement is flagged in the initial response, never at the commitment stage or at the last minute. Brokers should disclose any unusual property characteristics at submission to avoid surprises.