Ontario Tax Sale Property Forum
Tax Sale Forum => Questions and Answers => Topic started by: bee on December 04, 2007, 02:49:13 AM
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Muskoka Islands owner paid taxes after two days ?Tax Sale" Happened
Guys, please help me here. Is it legal, when Municipality let to original owner that to pay Tax liens after Tax Sale is happen (In Ontario)? Is is too late for owner to save his land?
Thanks.
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I believe that until the tax deed is actually filed ( means you have paid in full, sworn the affidavit and registered the deed) the courts have ruled that the owner can redeem... So if you bought it, Just accept your deposit back and try another .
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Any Idea where I can find the real legal info on this? Rule , any number maybe...?
Thanks, for reply anyway! :)
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The ruling on this can be found at:
http://www.canlii.com/on/cas/onca/2004/2004onca11393.html (http://www.canlii.com/on/cas/onca/2004/2004onca11393.html)
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The ruling on this can be found at:
http://www.canlii.com/on/cas/onca/2004/2004onca11393.html (http://www.canlii.com/on/cas/onca/2004/2004onca11393.html)
Municipal Treasurer's have been, for years, trying to set a date following which the deal is done. Many went with the one year redemption date, other's had policies saying that once we advertise you are s.o.l., most established the time of tender closing - and all this to no avail since the courts have over-ruled everyone.
The legislation does not set a specific on this, and simply provides a clause that says that the Treasurer has the 'discretion' to cancel the tax arrears certificate at any time, if it is in the financial best interest of the Municipality. Since the Municipality gets in money either way, there is no coin to toss on this - they get their money, and the courts have ruled that until the tax deed is registered in another person's name, then the original owner can come forward and pay. Some of the other provinces actually include a provision in their legislation which gives the former owner a one year right of redemption, and you have what is referred to as 'precarious' ownership during that term.
Makes you wonder why they wrote the 'discretionary' power into the legislation, when it is simply a 'you must do this' or else. The Province should be tightening up the legislation, but there is no movement afoot for them to do so, nor will there be since the only ones hurt by it are the 'opportunistic' tax sale bidders.
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In part X l [ Sale of Land for Tax Arrears ] there are many rules the municipality must follow before a public sale can proceed. In section 379 [7] it states that "A tax deed, when registered, vests in the person named....all rights, privileges and appurtenances....except, etc.' The key words are " when registered". Any and all tax sale information that I have read stresses the importance of registering that tax deed as soon as possible. At OntarioTaxSales.ca { Tips to Tax Sales ] the first important item on the list if you are the highest tenderer, is to pay the balance owing as soon as possible. Hopefully it wont happen again.