Hometime

Hometime · Alberta legislation

SS Houses with a Secondary Suite

SS · Civil Enforcement Act

Part 12 — Distress

105 Distress by mortgagee, etc.

Current to 2024-06-01 · Official PDF

(1) Notwithstanding any mortgage or any agreement relating
to a mortgage, any distress carried out pursuant to the right of a
mortgagee of land or the mortgagee's assigns to distrain for interest
in arrears or principal due on a mortgage
(a) is limited to the personal property of the mortgagor or the
mortgagor's assigns, and
(b) is subject to the exemptions allowed for personal property
pursuant to section 104(d) in the same manner as if the
mortgagor or the mortgagor's assigns were a tenant.
(2) Sections 45 to 48 apply to a distress under subsection (1) as if
it were a seizure made pursuant to writ proceedings.
1994 cC-10.5 s105;1995 c23 s6(15)

105.1 and 105.2 Repealed 2006 c4 s1.

RSA 2000