Hardship Affidavit For Mortgage for Canada

Hardship Affidavit For Mortgage Template for Canada

A Hardship Affidavit for Mortgage is a sworn legal document used in Canadian jurisdiction where a mortgage borrower formally declares their inability to meet mortgage payment obligations due to specific financial hardships. The document requires detailed disclosure of the borrower's financial situation, including income, expenses, assets, and liabilities, along with a thorough explanation of the hardship circumstances. This affidavit serves as a formal request for mortgage relief or modification and must be properly notarized to be legally valid under Canadian law. The document is crucial for both borrowers seeking assistance and lenders evaluating relief options within the framework of Canadian banking and consumer protection regulations.

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What is a Hardship Affidavit For Mortgage?

The Hardship Affidavit For Mortgage is a critical document in Canadian mortgage lending practice, designed to provide a standardized method for borrowers to communicate and verify their financial difficulties to their lenders. This document becomes necessary when borrowers experience significant financial challenges that impact their ability to meet their mortgage obligations, such as job loss, medical emergencies, or other unforeseen circumstances. The affidavit is structured to comply with Canadian federal and provincial regulations governing mortgage lending and consumer protection, including requirements from the Office of the Superintendent of Financial Institutions (OSFI) and the Canada Mortgage and Housing Corporation (CMHC). It serves as both a formal declaration of hardship and a comprehensive financial disclosure, enabling lenders to make informed decisions about potential mortgage modifications or relief options while maintaining compliance with regulatory requirements.

What sections should be included in a Hardship Affidavit For Mortgage?

1. Affiant Information: Full legal name, current address, and contact information of the person making the affidavit (the borrower)

2. Property Information: Details of the mortgaged property including full address and legal description

3. Mortgage Details: Information about the existing mortgage including account number, lender name, original principal amount, current balance, and payment terms

4. Nature of Hardship: Detailed explanation of the financial hardship being experienced, including when it began and expected duration

5. Current Financial Status: Comprehensive overview of current income, expenses, assets, and liabilities

6. Supporting Documentation List: List of all documents being submitted to support the hardship claim

7. Requested Relief: Specific mortgage relief or modification being requested from the lender

8. Declaration of Truth: Formal statement affirming that all information provided is true and accurate

9. Notarization Section: Space for notary public to witness and stamp the affidavit

What sections are optional to include in a Hardship Affidavit For Mortgage?

1. Co-Borrower Information: Required only if there is a co-borrower on the mortgage, including their personal information and signature

2. Third-Party Authorization: Optional section authorizing a third party (such as a financial advisor or lawyer) to discuss the hardship case with the lender

3. Previous Modifications: Include if the borrower has previously received any form of mortgage modification or relief

4. Insurance Claims: Required if the hardship is related to property damage or insurance claims

5. Employment History: Include if the hardship is related to job loss or employment changes

What schedules should be included in a Hardship Affidavit For Mortgage?

1. Schedule A - Income Verification: Detailed breakdown of all income sources with supporting documentation

2. Schedule B - Monthly Expense Statement: Itemized list of all monthly expenses and financial obligations

3. Schedule C - Asset Declaration: Comprehensive list of all assets owned by the borrower

4. Schedule D - Supporting Documents: Copies of all relevant documents supporting the hardship claim (pay stubs, medical bills, termination notice, etc.)

5. Appendix 1 - Hardship Documentation: Additional documentation specifically related to the nature of the hardship

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Mortgage Document

Cost

Free to use
Clauses
Relevant Industries

Banking

Financial Services

Real Estate

Legal Services

Insurance

Mortgage Lending

Consumer Financial Services

Notary Services

Relevant Teams

Legal

Mortgage Operations

Risk Management

Collections

Loss Mitigation

Compliance

Customer Service

Loan Processing

Credit Risk

Document Processing

Quality Assurance

Underwriting

Relevant Roles

Mortgage Officer

Loan Officer

Credit Risk Manager

Collections Specialist

Loss Mitigation Specialist

Mortgage Underwriter

Legal Counsel

Compliance Officer

Financial Advisor

Notary Public

Real Estate Attorney

Banking Operations Manager

Customer Service Representative

Mortgage Administrator

Risk Assessment Officer

Industries
National Housing Act: Federal legislation that governs mortgage insurance and sets standards for CMHC-insured mortgages, including provisions for mortgage default management and loss mitigation measures.
Bank Act: Federal legislation that regulates banks and banking activities in Canada, including mortgage lending practices and requirements for dealing with customers experiencing financial hardship.
Bankruptcy and Insolvency Act: Federal law that provides the legal framework for dealing with financial hardship and insolvency, which may be relevant when considering mortgage modification options.
Financial Consumer Agency of Canada Act: Establishes consumer protection measures in financial services, including requirements for fair treatment of borrowers experiencing financial difficulties.
Interest Act: Federal legislation that governs interest calculations and disclosure requirements for mortgages, important when considering payment modifications.
Provincial Consumer Protection Acts: Various provincial laws that provide additional consumer protection measures and requirements for mortgage lenders when dealing with borrowers in financial distress.
OSFI Guideline B-20: Regulatory guidelines for residential mortgage underwriting practices and procedures, including requirements for dealing with troubled mortgages.
Personal Information Protection and Electronic Documents Act (PIPEDA): Federal privacy law that governs how private sector organizations collect, use, and disclose personal information in the course of commercial activities, relevant for handling personal financial information in hardship applications.
Teams

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