Browse Servicing, Arrears and Enforcement

Arrears

What arrears means in a Canadian mortgage context and why falling behind on payments creates servicing and enforcement risk.

Definition

Arrears means payments that are overdue and unpaid. In a mortgage context, it usually refers to missed or short mortgage payments that have not been brought current.

Why It Matters

Arrears can trigger fees, collection activity, default notices, renewal difficulty, and eventual enforcement action if the situation is not resolved.

How It Works in Canada

A mortgage generally falls into arrears when the scheduled payment is not made in full by the required date. The lender’s servicing team then tracks the delinquency, contacts the borrower, and may apply late charges or other remedies under the contract.

Arrears language is usually the first serious warning stage before larger enforcement concepts such as power of sale, foreclosure, or demand for payment come into view.

Practical Example

If a borrower misses a mortgage payment because of a temporary income shock and does not make it up, the loan may be reported as in arrears. The lender may then contact the borrower to discuss repayment or loss-mitigation options.

Common Misunderstandings

Arrears does not always mean immediate loss of the home. It means the file is behind and needs attention.

Borrowers also sometimes think a partial payment automatically cures the issue. Depending on the shortfall and lender treatment, the file can still remain in arrears.

Caveat

Collections timing, notices, fees, and workout options vary by lender, province, and contract wording. Borrowers in trouble should get lender-specific and legal guidance promptly.