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Bankruptcy and Writ of Seizure and Sale

If there is a Writ of Seizure and Sale filed on a home, and the person claims bankruptcy, when your creditor fills out the proof of claim would the creditor be considered as an unsecured claim or a secured claim

Posted from: Ontario

One Response to “Bankruptcy and Writ of Seizure and Sale”

A licensed trustee said...

Normally a Writ of Seizure is registered with the Sheriff’s Office – it is not actually registered on title. If it is not on title, then the debt is unsecured. If the crediotr has gone to the trouble to get an order allowing them to regsiter on title then it will be secured (this is a very unusual thing – I’ve only seen it once or twice in the last 10 years).

Go to the land regsitry office and do a title serch on your property – a Writ of Seizure registered with the Sheriff won’t show on a tilte search.