Form 64N "Notice of Reference to Subsequent Encumbrancer Added on Reference" - Ontario, Canada

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FORM 64N
Courts of Justice Act
NOTICE OF REFERENCE TO SUBSEQUENT ENCUMBRANCER ADDED ON REFERENCE
(Court file no.)
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N :
(name)
Plaintiff
and
(name(s))
Defendant(s)
and
(name(s))
Defendant(s) added
on the reference
NOTICE OF REFERENCE
An action has been commenced by the plaintiff for the foreclosure (or sale) of the mortgaged
property described in the attached schedule. I have been directed by the judgment in this action dated
(date) (where the judgment is for sale, insert: to conduct a sale of the property and) to inquire whether
any person other than the plaintiff has a lien, charge or encumbrance on the property subsequent to the
plaintiff’s claim. It appears that you may have a lien, charge or encumbrance on the property. I have
therefore added you as a defendant in this action.
YOU OR A LAWYER ACTING FOR YOU ARE REQUIRED TO APPEAR before me and prove
your claim, (choose one of the following)
In person
By telephone conference
By video conference
at the following location
FORM 64N
Courts of Justice Act
NOTICE OF REFERENCE TO SUBSEQUENT ENCUMBRANCER ADDED ON REFERENCE
(Court file no.)
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N :
(name)
Plaintiff
and
(name(s))
Defendant(s)
and
(name(s))
Defendant(s) added
on the reference
NOTICE OF REFERENCE
An action has been commenced by the plaintiff for the foreclosure (or sale) of the mortgaged
property described in the attached schedule. I have been directed by the judgment in this action dated
(date) (where the judgment is for sale, insert: to conduct a sale of the property and) to inquire whether
any person other than the plaintiff has a lien, charge or encumbrance on the property subsequent to the
plaintiff’s claim. It appears that you may have a lien, charge or encumbrance on the property. I have
therefore added you as a defendant in this action.
YOU OR A LAWYER ACTING FOR YOU ARE REQUIRED TO APPEAR before me and prove
your claim, (choose one of the following)
In person
By telephone conference
By video conference
at the following location
(Courthouse address for in person hearing or telephone conference or video conference details, such as
a dial-in number, access code, video link, etc., if applicable)
on ...................... (day), ................................. (date), at ............................... (time).
At that time, I shall determine the amount of the claim of the plaintiff, and of the encumbrancers who
prove their claims before me. (Where the judgment is for sale without a redemption period, add: At the
same time, I shall settle the conditions of sale and advertisement and make any other necessary
preparations for the sale of the property.)
If you wish to set aside or vary my order adding you as a defendant or the judgment in this action,
you must make a motion to the court within ten days after service on you of this notice (or where the
person is to be served outside Ontario, such further time as the referee directs). If you fail to do so, you
will be bound by the judgment and the subsequent steps in this action.
IF YOU FAIL TO ATTEND AND PROVE YOUR CLAIM at the time and place set out above, you
will be treated as disclaiming all interest in the property and the action will proceed in your absence and
without further notice to you. The property may be dealt with as if you had no claim, and your claim
may be foreclosed.
(Date)
(Signature of referee)
TO
(Names, addresses and email addresses (if any) of defendants added on reference who
appear to be subsequent encumbrancers)
(The description of the mortgaged property in the attached schedule must be the same as in the
statement of claim.)
RCP-E 64N (September 1, 2020)
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