Alberta Foreclosure Checklist by Megadox


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1.     Preliminary

 Completed/Date/Notes                                        Step Taken
                        Instructions received from client
                        Review of security
                        Check for conflict of interest re: both parties
                        Limitations diary noted for commencement of action
                        Title search and property tax search
                        Demand letter sent to owner(s)/guarantor(s)
                        Deadline: ______________________________
                        Extension: ______________________________

2.     Information

 Completed/Date/Notes                                     Step Taken
                        Do you have all the security taken?
                        Is property listed with a realtor?
                        Ascertain if property vacant
                        Consider receiver or assignment of rents
                        Guarantees – is demand required?
                        Corporate search (if applicable)
                        Review other encumbrances on title
                        Consider dower, if applicable
                        Obtain updated Statement of Arrears and accelerated balance

3.     Commencement of Action

 Completed/Date/Notes                                    Step Taken
                        Prepare and issue Statement of Claim
                        Prepare and file Certificate of Lis Pendens:
                        At Clerk’s office: ________________________
                        At Land Titles: __________________________
                        Limitations diarized:
                        Service of Statement of Claim ________________________
                        Next step ___________________________________________
                        Statement of Claim served on all necessary parties
                        Notify prior security holders/subsequent encumbrances

4.     Proceedings to Judgment

 Completed/Date/Notes                                    Step Taken
                        Affidavit of Value and Valuator’s Report
                        Ordered: _____________________________________
                        Dispensed with: _______________________________
                        Affidavit of Value and Valuator’s Report filed and served
                        Prepare and file Affidavit of Service of Statement of Claim
                        Note in default if no Demand of Notice or Statement of Defence filed and
                        served by Defendant
                        Get updated figures from client, prepare Affidavit of Default and have
                        executed by client
                        Prepare Statement of Mortgage Indebtedness
                        File Affidavit of Default
                        Certified Copy of Title and Personal Property Registry certificate on
                        Defendants ordered and filed at Clerk’s office
                        Can you apply for a Receiver?
                        Other special relief sought?

                        Notice of Motion and Affidavits
                        Filed: ____________________________
                        Served: ___________________________
                        OR are you entitled to apply ex parte?
                        Date of application diarized
                        Court appearance – if possible, Order prepared and signed by Master
                        Order Nisi, Bill of Costs (if taxation not adjourned) and Statement of Mortgage
                        Approved by other side (if necessary): _____________________________
                        Filed: _________________________________________________________
                        Served on Defendants: __________________________________________
                        Served on subsequent encumbrancers: _____________________________
                        Served on tenants (if applicable): _________________________________
                        Served on wr
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