Ontario Tax Sale Property Forum

Tax Sale Forum => Questions and Answers => Topic started by: garfield111 on February 13, 2006, 11:51:30 PM

Title: Can You Help Me
Post by: garfield111 on February 13, 2006, 11:51:30 PM
Hello to all

I am UK citizen who has recently heard that an uncle of mine, now deceased and who was a US resident,  bought land I believe in Ontario.
Unfortunately I have no further information as to where exactly  in Ontario the land was/is located. I know that Ontario is a very big place and that this is like looking for a needle in a haystack

Further complicating this is the claim that the land was taken for non payment of taxes owed on them.

My questions to anyone with the knowledge of these matters and can assist me are as follows:

Can a search for land ownership and whereabouts be conducted just from a persons name?

Is it true that land can be taken for tax owed? What are  the procedures  before that action is taken and over what time period?
What if the person who bought the land registers it in names of other family members? 
Can the land be traced back through municipal tax cases against the registered owner eapecially a non Canadian?

I appreciate that this may be an impossible task as well as having  no truth to it, but I really would like to give it a try.


                                             Many thanks to those who at least read this
Title: Re: Can You Help Me
Post by: Rob on February 14, 2006, 02:49:57 PM
Hi Garfield111,

The dates are somewhat important determining certain issues.  In 2001, the property tax act was amended to allow the sale of land when taxes remain unpaid for a period of time (3 years).  These properties are than available to the public for bidding in a somewhat secret bidding process.  Your uncle should have received 3 notices that the property was going to be sold

You can do a title search of that property if you knew the address.  I am not sure what to do necessarily in your case because you only have a name.  I understand in England looking up individuals is somewhat easier and straightforward than in Canada.  I would consider contacting a property lawyer in Ontario, Canada to consider your options. 

Keep in mind If the property is already sold, then legally you cannot get back the property (unless the property is in another province like Quebec).

If there are any property lawyers from Ontario viewing the board, could you weight in on this topic?

Thanks,

Rob.
Title: Re: Can You Help Me
Post by: Frank on February 21, 2006, 05:21:47 AM
Garfield
You have an interesting question - it would be like finding a needle in a haystack.  However, Your scenario sounds vaguely familiar to a situation I was involved with two years ago.  If you can even provide your uncle's last name it might help.  A more precise location (than somewhere in Canada) would obviously help in directing you.  Regardless, if indeed your uncle's property was taken for back taxes then it is lost.  What still might be available to you (assuming you are the next of kin entitled to his lost fortunes), is any excess proceeds which were realized at the sale.  You could proceed to ask the court for this  - you only had one year from the sale to do this......so we are lost on that count - not knowing when this phantom property was sold.