Tax Sale Guide Home
Title / Writ Search
Chapter: LIENS
jreist
I just did a TitleWrit search on a property. There was an entry on the Tile Search in 1990 "CERT PENDING LIT" but there was no leans. What would this mean?
Frank
One of the properties in Wainfleet had one of these registered on title (back in '96). On review it proved to be a civil matter and didn't involve the crown therefore would have been dispensed with through the tax sale process.
Check out rule 42 of the Ontario Rules of Civil Procedure:
In short:
In order to obtain a CPL, there is an obligation on the party seeking
the CPL to make a claim for a CPL in the proceeding (42.01(2)). This
means that you need to commence a court action or application in
order to get the CPL.
After the commencement of the proceeding (ie. once the statement of
claim is issued or the notice of application is filed with the court)
the plaintiff may bring a motion for the issuance and registration of
a CPL. The test for obtaining a CPL is easy to meet. To obtain a CPL,
the moving party only needs to show that there is an interest in the land
in question. A court order must be obtained before the registrar may
issue a CPL but the order may be obtained without notice to the property
owner (ex parte). You do not need to appear before a judge to obtain the
order. A master is able to rule on such a motion