Costly and Important Facts About a Writ of Execution: What It Means and How to Clear It
A “writ of execution” is one of those legal phrases that can sound abstract until it shows up in real life, usually at the worst possible time: when you are trying to sell, refinance, renew your mortgage, or just get your financial life back on track.
If you have heard the term from a lender, a lawyer, a debt professional, or during a title search, here is the simple truth: a writ of execution is a legal enforcement tool that helps a creditor collect money after they have a court judgment. In Ontario, it commonly takes the form of a writ of seizure and sale, which authorizes enforcement steps against a debtor’s property.
This guide breaks down what a writ of execution is, how it works (especially in Ontario), how it can impact your home and mortgage options, and what you can do to deal with it.
What Is a Writ of Execution?
A writ of execution is a court enforcement document that a judgment creditor can use to try to collect what they are owed. In Ontario legislation, a “writ of execution” includes different types of writs, including a writ of seizure and sale of land and a writ of seizure and sale of personal property.
In practical terms, the writ tells the Sheriff (or enforcement office) to take steps to enforce the judgment by seizing and selling assets, subject to the rules and exemptions that apply.
Writ of Execution vs Judgment: What Is the Difference?
People often mix these up, so let’s separate them:
-
Judgment: A court decision saying you owe money (or must pay costs).
-
Writ of execution: A tool used after the judgment to try to collect the money.
A creditor does not automatically get paid just because they win a judgment. They may need to choose an enforcement option, and in Ontario one of the common options is a writ of seizure and sale.
How Does a Writ of Execution Work in Ontario?
In Ontario, a common writ used to enforce a judgment is the Writ of Seizure and Sale (Form 60A). The form directs the Sheriff to seize and sell the debtor’s real and personal property within the Sheriff’s jurisdiction to satisfy the court order.
There are two big ways it can matter:
-
Against land (real estate): The writ can be filed in the enforcement office and can appear in execution searches that lawyers and lenders commonly rely on for real estate and lending transactions.
-
Against personal property: In some contexts (including Small Claims enforcement), a writ can be used as part of the process to seize and sell personal property.
Important note: enforcement rules and procedures can vary by province and by court. This article focuses on Ontario concepts because that is where the term most commonly shows up in mortgage and title conversations.
What Does “Seizure and Sale” Actually Mean?
It sounds dramatic, but here is what it usually means in the real world:
-
The writ gives legal authority for enforcement steps.
-
Whether anything is actually seized or sold depends on the debtor’s assets, creditor actions, and legal limits.
-
For land, the practical impact is often that the writ creates a serious obstacle on title and can complicate selling or refinancing until it is resolved.
Ontario court resources describe enforcement options after judgment, including writ of seizure and sale of land and writ of seizure and sale of personal property, alongside other tools like garnishment.
How Can a Writ of Execution Affect Your Mortgage or Home?
This is the part most homeowners care about, because it can show up suddenly during a refinance or sale.
A writ can cause problems such as:
-
Refinance delays or denials: Many lenders want a clear path to registering their mortgage and may require writs to be paid out or discharged first.
-
Sale complications: A buyer’s lawyer will typically require issues on title to be addressed before closing.
-
Limited lending options: Even if you have equity, the presence of enforcement registrations can push you toward alternative solutions until the writ is dealt with.
-
Higher urgency: If you are behind on other obligations, waiting can reduce choices.
Ontario land registration guidance discusses how writs interact with execution searches and registration systems, which is why they get flagged in real estate and financing transactions.
How Long Does a Writ of Execution Last?
This depends on jurisdiction and the specific circumstances. In Ontario practice, writs can remain an issue for years unless they are satisfied, withdrawn, set aside, or otherwise resolved.
If you are dealing with a real transaction (sale, refinance, renewal), do not assume “old” means “gone.” Always verify through the proper search process your lawyer or title professional uses.
How Do You Find Out If You Have a Writ of Execution?
Common ways people discover a writ:
-
Your lawyer finds it during a title search or execution search
-
A lender flags it during underwriting for a refinance
-
You find out during a lawsuit or collections process
-
A credit or legal professional mentions it during debt planning
In Ontario, execution searches and land title-related processes are a standard part of many transactions, which is why writs often appear at inconvenient moments.
How Do You Remove or Clear a Writ of Execution?
There is no one-size-fits-all answer, but the common pathways look like this:
1) Pay or Settle the Debt
If you pay the judgment (or settle it), the creditor can take steps to have the writ withdrawn or updated to reflect satisfaction.
2) Negotiate a Payout as Part of a Refinance or Sale
If you have home equity, sometimes the cleanest solution is structuring a refinance where proceeds are used to pay out the judgment and clear enforcement issues as part of closing. This is often where timing and lender flexibility matter most.
3) Challenge It (If Appropriate)
If there is a mistake (wrong person, wrong amount, outdated information, identity confusion), you may need legal help to correct the record.
4) Administrative Withdrawal or Updates
Ontario processes can involve the Sheriff’s office and proper forms or supporting documentation, depending on why the writ is being changed. Practical guides often describe steps like filing proof of satisfaction and requesting withdrawal through the Sheriff’s office.
Because mistakes can be costly, the safest move is to treat writ removal as a legal and closing-process issue, not a DIY paperwork task, especially if a mortgage closing date is on the line.
What If You Cannot Pay It All at Once?
If cash flow is tight, you may still have options, depending on your situation:
-
Payment arrangement or settlement offer: Some creditors accept less than the full amount in exchange for certainty and speed.
-
Debt restructuring: Consumer proposals or other debt strategies can sometimes be part of the bigger plan, but you still need to handle the legal and title implications properly.
-
Equity-based solutions: If you have enough equity, a refinance, second mortgage, or alternative lender strategy may create a controlled way to deal with the writ and stabilize your finances.
If the writ is blocking a refinance, the key is usually building a plan that addresses both the debt and the lender’s requirements for registration and priority.
Writ of Execution vs Garnishment: Which One Is Worse?
Neither is “better,” they are just different tools.
-
Garnishment targets wages or bank accounts.
-
Writ of seizure and sale targets assets, including land.
Ontario court materials list writs and garnishment as separate enforcement steps, and creditors sometimes choose the method most likely to work based on the debtor’s situation.
Common Myths About Writs of Execution
Myth 1: A writ means your house is being sold tomorrow.
Not necessarily. It is an enforcement tool, but timelines and actual enforcement depend on multiple factors.
Myth 2: If it is on title, you can ignore it until you sell.
Ignoring it can reduce your options. It often surfaces when you need financing most.
Myth 3: Bankruptcy automatically makes it disappear instantly.
Even when debts are dealt with, administrative and registration steps may still be required to clear records. Always verify.
Practical Takeaways for Homeowners
-
A writ of execution is usually about enforcing a court judgment, not a new lawsuit.
-
In Ontario, it often appears as a writ of seizure and sale connected to land or personal property.
-
It can create serious friction for selling or refinancing, because it gets flagged through execution and title-related searches.
-
The cleanest solutions usually involve a structured payout, settlement, or refinancing plan that clears the writ properly.
FAQ: Writ of Execution
1) What is a writ of execution in simple terms?
It is a legal enforcement document used after a creditor wins a court judgment, allowing steps like seizure and sale of property to collect the debt.
2) Is a writ of execution the same as a lien?
Not exactly. In Ontario real estate practice, filing and registration effects can feel lien-like because they can cloud the ability to sell or refinance, but it is specifically tied to judgment enforcement and writ procedures.
3) Can I refinance my mortgage if there is a writ of execution?
Sometimes, but many lenders require the writ to be paid out or otherwise resolved as part of the closing. Your options depend on equity, income, credit, and the details of the writ and judgment.
4) Who issues a writ of seizure and sale in Ontario?
It is a court form used for enforcement. In Ontario, Form 60A is the Writ of Seizure and Sale and directs the Sheriff to seize and sell property within the jurisdiction.
5) How do I remove a writ of execution in Ontario?
Commonly, by paying or settling the judgment and having the creditor take the proper steps to withdraw it, often involving the Sheriff’s office and supporting documents.
6) Does a writ of execution affect my credit score?
The writ itself is a legal enforcement tool; credit impact usually comes from the underlying collections, judgment, and payment history. If you are unsure, a credit report review plus a legal or debt professional check is smart.
7) What should I do first if a lender finds a writ during refinancing?
Ask for the exact details (creditor name, amount, jurisdiction, date) and then build a plan to resolve it before closing, either through payout, settlement, or a financing strategy that addresses lender requirements.
Conclusion
A writ of execution is not just legal jargon. For homeowners, it can be the difference between a smooth refinance and a deal that stalls at the finish line. If you have equity and a clear goal, like refinancing to pay off debts, stop collection pressure, or stabilize monthly payments, the right plan can often turn a stressful discovery into a solvable closing checklist.
If you want, tell me what province you want this written for (Ontario, Alberta, BC, etc.) and whether the audience is homeowners, small business owners, or both, and I will tailor the examples, terminology, and call-to-action to match your market.
- Costly and Important Facts About a Writ of Execution: What It Means and How to Clear It - January 22, 2026
- 7 Great Ways to Reduce Your Mortgage Payments Without Sacrificing Your Goals - January 19, 2026
- Important Factors Mortgage Lenders Use to Determine Your Mortgage Amount - January 14, 2026
