Ontario Tax Sale Property Forum
Tax Sale Forum => Announcements => Topic started by: Dave2 on February 11, 2012, 04:40:12 PM
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Madoc 4 is purchasing a property that is occupied.
As I see it there are two situations:
a) The property is occupied by the owner
b) The property is occupied by a non owner; two possibilities
1) A squatter
2) A legal tenant under landlord and tennant law.
Lets say a miracle happened and you bought the property at tax sale? How do you handle the occupant(s)
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My call would be do nothing until you have registered deed...Then If POSSIBLE.... make an ex-parte motion to have parties unknown evicted and then have police escort you or an agent to the land and get them evicted
Do not under any circumstances step foot on that land without police..and let them go first..this is alot of land to hide your body and you are in hunter country. A person losing their house will kill to defend it
Even if you think it might be vacant ..ask the police to escort you onto the land..The town has stated occupied and private land ..I dont recall ever seeing that on a taxsale notice so It appears to me to be a big warning saying ..the owner will blow your head off if you jump the fence
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Pfm1011 offers an excellent starting point, but alas, I have had the misfortune of having proceedings get a lot more complicated, and messy than this. Pfm1011 is refereeing to an uncontested eviction - I have had owners contest. Then you are in to really big bucks. As pfm1011 noted in a previous post, when going to court you want to be the defendant whereas in this case you are the plaintiff trying to turf the scumbag. The scumbag does not need a good defense, just anything such as "I was not notified", will make it a triable issue and cause a multiple year delay and mega buck legal bill.
We had one where the owner assaulted the police, and fortunately by the time he got out of jail we had the property sold to new owner. This was an exception, they do not often work out this well.
The more likely case is that when you, the sheriff, the police and the lock smith arrive, there is no one home. You then have a problem. You vow to never buy one of these again. The police leave. You have just locked the scum bag out of his house and all his possessions are inside. This may sound humorous until you are in this situation of having to return, again, and again, and again. I once bought a Kingston house that was owned by the top guy in Satins Choice. His motor cycle was in the living room. I am not bidding this one. I stick to my position that this is probably the best tax sale property advertised this year - but it will probably be redeemed. Certainly if it does not get redeemed the "successful purchaser" will wish it had been.
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G:
Nice to hear from you. I hope that life is treating you well down south - Florida I believe.
I still think that you can dispossess a former owner without a court order. However, this is just my thought and not advice to the masses.
In this case the issue is do you want to? My feelings are clear and I agree with PFM. You do not want to go up the driveway and knock on the door to introduce yourself as the new owner. Big friggin mistake!
All of this is academic of course as this poperty will redeem, but don't be surprised if it redeems after the tax sale. Remember the subsurface rights issues. You are looking at another 2-3 month redemption period before the municipality will be in a position to register a tax deed.
Keep your deposit cheques safe on this one.
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G:
Nice to hear from you. I hope that life is treating you well down south - Florida I believe.
All of this is academic of course as this poperty will redeem, but don't be surprised if it redeems after the tax sale. Remember the subsurface rights issues.
Keep your deposit cheques safe on this one.
Netpred:
I can see G2020 next weekend now. On the beach using a live feed into his laptop from the local WIFI from one of those military drones he has rented to fly over and around the property as people slide off the icy roads as they scramble to check out the property; while he sips his good coffee or something stronger. From time to time he checks out all the "accessories" with (almost) non existant swimwear paying beach volleyball. It will be better entertainment then the superbowl.
I will not bet you that IF it will redeem but I will bet you WHEN. I am willing to bet you that it redeems after the tax sale. What odds will you give me?
Of more importance is the part of your post I have highlighted in colour. Are you telling me that there is also a REGISTERED mining claim against the property? >:(
I CONSIDER THAT VERY IMPORTANT INFORMATION. GOTTA GO. EXPLAIN LATER.
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Of more importance is the part of your post I have highlighted in colour. Are you telling me that there is also a REGISTERED mining claim against the property? >:(
I CONSIDER THAT VERY IMPORTANT INFORMATION. GOTTA GO. EXPLAIN LATER.
Netpred confirmed that there is no record of a mining claim against the property in a PM.