The phrase "Power of Sale" often conjures up images of dramatic auctions on courthouse steps or banks handing over keys for pennies on the dollar. Reality TV and American real estate shows have created a mythology around distressed properties that simply doesn't apply in Ontario.
If you are hunting for a Power of Sale thinking it’s a guaranteed lottery win, you might be setting yourself up for disappointment—or worse, a legal headache.
Here are the top 5 myths about Power of Sale properties in Ontario, and the reality every buyer needs to know.
Myth #1: "Power of Sale" and "Foreclosure" Are the Same Thing
The Reality: In Ontario, they are two completely different legal processes.
Foreclosure: The lender goes to court to take the title (ownership) of the property. If they succeed, they own the house entirely. If they sell it later for a profit, they keep every penny.
Power of Sale: This is the standard method in Ontario (about 90-95% of cases). The lender forces a sale to recoup their money, but the title remains with the homeowner until the property is sold. Most importantly, if the house sells for more than the debt, the extra money (surplus) must go back to the homeowner, not the bank.
Myth #2: You Can Buy Homes for "Pennies on the Dollar"
The Reality: The bank is legally required to get "Fair Market Value." Many buyers think banks just want to dump the property for whatever they can get. This is false. Under Ontario law, lenders have a fiduciary duty to the homeowner to sell the property at fair market value.
If a bank sells a home worth $800,000 for $500,000 just to be quick, the original homeowner can sue them for the lost equity.
The takeaway: You can find deals, but don’t expect a 50% discount. The "deal" usually comes from the lack of bidding wars, not a bargain-basement list price.
Myth #3: The Bank is Hiding a "Secret List" of Properties
The Reality: Banks want maximum exposure to prove they got the best price. Because of that legal duty mentioned in Myth #2, banks must list the property on the open market (MLS) to prove they tried to sell it for the highest possible price.
They cannot secretly sell it to a friend or a "VIP list" without risking a lawsuit.
However, the "hidden" aspect is that these listings often don't say "Power of Sale" in the description. You need an agent who knows how to spot the specific legal clauses in the listing data that identify them.
Myth #4: You Can Lowball the Bank Aggressively
The Reality: Banks are often tougher negotiators than regular sellers. When you negotiate with a homeowner, you can appeal to their emotions (e.g., "We love your garden!"). When you negotiate with a bank, you are dealing with a spreadsheet.
Asset managers have strict "floor prices" they cannot go under without approval from shareholders or insurers.
They rarely accept lowball offers because it looks bad on their books. They would often rather let the property sit for another month than sell it for significantly under the appraised value.
Myth #5: The House is "Move-In Ready" (Or The Bank Will Fix It)
The Reality: You are buying "As Is, Where Is"—and that is terrifying if you aren't prepared. This is the biggest risk for buyers.
No Warranties: If the basement floods the day after closing, or the previous owner took the furnace and light fixtures with them, the bank is not responsible.
No Cleanup: Banks generally do not clean the property. You might inherit a house full of old furniture or junk that you have to pay to remove.
The Clause: Power of Sale agreements include specialized schedules that override standard buyer protections. You need a lawyer who specializes in this to ensure you aren't signing away your rights.
The Bottom Line
Buying a Power of Sale can be a fantastic investment strategy, but it is not for the faint of heart or the unrepresented. The deals are there, but they require a sharp eye and strict due diligence.
Want to see what’s actually available? I scan the market daily for properties that show the "tells" of a distressed sale. Contact me today to get access to my curated list of opportunities that actually make sense.