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Execution Vs Title Search




Chapter: LIENS






GregM

Is an execution search the same as a title search?



Rob

They are two different searches.  An execution search finds any court proceedings filed against the person/property.  A title search finds any outstanding mortgages on the title of the property.



Frank

Once you have done your title search, you will have everything you need to do a sherrif's office search of the owner to ensure that there are no crown executions against them.  Go to the local sherrif's office (usually in the same building as the Registry office, and provide them with the exact name of the owner, they will (for a small fee) then run that name through their computer and provide you with the results.



If there is a writ of execution that is in favour of the crown or any of its agencies against the individual(s), or corporate entities which own the property.  And - if that writ is against them -and- their 'assets' - then it is automatically also against the property which they own.  Crown liens against a property - whether registered on title or otherwise (as in writs of execution at the Sherrif's office) remain as a liability after a tax sale.  I've seen it happen and you won't have a chance in hell of getting the crown to remove it.










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