By Melanie Hodges Neufeld
The Law Reform Commission of Saskatchewan recently released Reform of The Land Contracts (Actions) Act: Final Report. The Final Report considers the steps required by The Land Contracts (Actions) Act (the LCAA) for non-farm land mortgages and recommends reforms to better protect borrowers in current conditions. Foreclosure involves lengthy legal proceedings taken in the Court of Queen’s Bench and is governed by several statutes, including The Land Contracts (Actions) Act (the LCAA). The LCAA is consumer protection legislation intended to protect borrowers by requiring lenders to obtain leave of the court before starting foreclosure. The protection is provided as time: time to bring the mortgage up to date, refinance, or sell the property before foreclosure or judicial sale or, if that is not possible, time to find alternative accommodation. The LCAA is 70 year old legislation, having been enacted in 1943.