Ontario Tax Sale Property Forum

Tax Sale Forum => Questions and Answers => Topic started by: ding on May 13, 2007, 02:16:43 AM

Title: writ of execution vs title check
Post by: ding on May 13, 2007, 02:16:43 AM

 In my understanding Writ of execution is issued in the sherriff office to hold on to the  title of the  property so that there will be no transaction will be made .  this is based on the court order . If the former owner will not appeal on this order the property will be up to  public bidding  so that the complainant  will be awarded  the amount owed by the former owner.

title search is knowing if the certain property has any lien and encumbrances attach to the title so that you will know if it is a clean or not. If ever you bought a property that has a lien or and encumbrances  (like mortgages, taxes, and other penalties impose ). the title will not be tranfer to you name until this lien and encumbrances is cleared that means you need to pay off this first

Title: Re: writ of execution vs title check
Post by: Sasha on May 14, 2007, 05:51:18 AM

Hi Ding,

I thought the mortgage won't survive the tax sale.  I once did a title search and found the property had a mortgage from a bank.  I understood that the mortgage wouldn't survive.  Are you telling me that if a mortgage shows up on a title search then its a crown lien or mortgage?

Sasha ???

Title: Re: writ of execution vs title check
Post by: ding on May 17, 2007, 01:27:33 AM

sasha,

Yes you are right thats also my understanding  too but writ is different it is  a dispute in court  over a property between two parties involved . No government entity is involved here .

Title: Re: writ of execution vs title check
Post by: jwjonker on May 17, 2007, 03:13:03 PM

 ??? ???

I think the big question in my mind is "where"?

Where does one do an execution search? Sheriff's office? Land registry?

If at the land registry, do Crown executions AND Crown liens both show up ?

So far for the properties I've looked into, I haven't seen any indication of Crown interest, when done at the LR office, but that's not to say there wasn't any crown interest in the property.....or does it? ???