Alberta foreclosure terms, in plain English

Acceleration

The lender's right, on default, to demand the entire outstanding balance rather than just the missed payments. It is why a demand letter shows a number far larger than your arrears.

Affidavit of Default

A sworn statement by an officer of the lender establishing that you are in default and what is owed. Part of the evidence package for the Redemption Order application.

Affidavit of Value

The appraisal filed by the lender's lawyer. It states a market value (roughly ninety days of MLS® exposure) and a lower forced-sale value.

Applications Judge

The judicial officer who hears most foreclosure applications at the Court of King's Bench. The title replaced "Master in Chambers" on 1 September 2022 — older material uses "Master" for the same role.

Certificate of Lis Pendens (CLP)

A registration against your title giving notice that the land is the subject of litigation. It does not freeze a sale; it is discharged on closing out of the proceeds.

Court of King's Bench

Alberta's superior trial court, where all foreclosure actions are brought. Renamed from Court of Queen's Bench in 2022.

Deficiency

The shortfall between what the property realises and what is owed. Whether a lender can pursue you for it turns on ss. 40, 43 and 44 of the Law of Property Act.

Demand for Notice

A document you file that says you are not defending the claim but want to be served with everything and keep the right to appear. Often the right filing for a homeowner who intends to sell or redeem.

High-ratio mortgage

A mortgage where you borrowed more than 80% of the value — i.e. put down less than 20% — and which is therefore insured. Sections 43(4.1) and 44(4.1) exclude these from the deficiency protection in s. 40.

Judicial Sale Listing (JSL)

The MLS® listing that begins when a redemption period expires, run under a court order, with a REALTOR® selected by the lender and offers confirmed by the court.

Order confirming sale

The order by which the court approves a sale to a third party. Until it is granted, an accepted offer in a judicial sale is not a done deal.

Order nisi

The traditional name for the order that declares the amount owing and fixes the redemption period. In Alberta practice it is usually called a Redemption Order.

Redemption

Paying out the mortgage — or, where the mortgage has not matured, the arrears plus costs to date — so the proceedings end and you keep the home.

Redemption period

The time the court gives you to redeem. Six months on a home and one year on farm land by default under s. 41, adjustable by the court in either direction.

Statement of Claim

The document that starts a foreclosure action. Twenty days to respond once served.

Statement of Defence

A filing that disputes the claim. Distinct from a Demand for Notice, and not something to file without a real defence.

Subsequent encumbrancer

Anyone registered on title behind the first mortgage — second mortgages, lines of credit, liens, writs. They are served and paid in priority order out of the proceeds.

Vesting order

The order transferring title to the lender. Under s. 40(2)(b), once it is made the lender's right to recover further money under that mortgage "ceases and determines".

Reviewed and updated September 2026. Alberta legislation and court fee guidelines change — the sources above are the authoritative text.