In Alberta, the rights of a creditor with a Writ of Enforcement issued by the Court can be used to sell land owned by the debtor. Sale of land must be conducted through a Civil Enforcement Agency in accordance with the Civil Enforcement Act and Regulations.
After obtaining a Writ of Enforcement, the creditor must register the Writ at the Personal Property Registry and then registered against the property owned by the Debtor.
Once the Writ has been registered against the property at Alberta Land Titles, WCEA will accept a Letter of Instructions to Sell Land. The Letter of Instruction must include a copy of the Writ of Enforcement, a PPR Verification Statement and a copy of the Title showing the registration of the Writs.
WCEA will prepare a Notice of Intention to Sell Land and will serve the Debtor, any other owners of the property and all subordinate creditors as evidenced by the current Title to the property. WCEA will also file a Caveat against the certificate of title to the land setting out the Intention to Sell the property.
Once the service of the Intention is complete, the debtor has 180 days to claim an exemption from the sale. If an exemption is filed with WCEA it does not stop the sale process. The sale can continue, however the amount of the exemption must be paid to the debtor.
The Creditor must consider all interests and exemptions in the property in determining whether or not it is equitable to proceed with the filing of the Notice of Intention to Sell and/or the actual sale of the property.
Once the 180 day waiting period has passed and the decision is made to proceed with the sale, WCEA will ensure all issues are resolved including choosing the type of appraisal, the asking price, and method of sale and documents that must be obtained. Whether the property is sold or a settlement is reached with the debtor, WCEA will prepare the documents necessary to conclude the matter.