puslinch... a little research goes a long way..run

[Pfm1011]

This is a  cute one..the sale is really  for a lot only

Essentially the house was a writeoff..10 years of court and eventually the buyer got semi screwed.. She was awarded 300K but reduced to 75 under appeal

Described as knockdown in 95 ..

This is why you should hire a proper home inspector


http://toreal.blogs.com/durham/2005/01/dream_house_nig.html


http://www.aaron.ca/columns/mariani%20lemstra%20trial.HTM

http://www.aaron.ca/columns/2004-08-14.htm

[LeedsUTD]

This property is still occupied and guessing it must be the owner.

Since past history is the best indicator of the future.

If the owner has been to court many times already for this property doesn't that mean evicting them will probably lead to more court runs and a costly and time consuming tax sale assuming you won the bid?

Does anyone know the time frame to evict an owner, can it even be done?

Thanks in advance,

[g2020]

The maximum time that I have had is four years. However, if as pfm1011 points out, there even the slightest indication of fraud because the municipality did not follow the rules to the letter, you may never get them out. In my situation the protracted procedure was partly my fault by going to the wrong court initially. Tax sale matters can only be heard in the Supreme Court of Ontario. The second set of delays occurred because the owner avoided service. The third set of delays was caused by a combination of delays due to the owner, or his solicitor being "sick" and requesting an adjournment. The fourth set of delays was caused by starting over since the owner claimed a spouse was also living there, although not a registered owner. Subsequent to winning at trial, there were a further set of winter time delays with the sherriff and locksmith. Yes, four years and they did not even request leave to appeal. Perhaps I should have responded in the contest section to see if anyone can top this. I recall a couple of old time tax sale purchaser's disclosing that they allocated $10,000 contingency funds for an occupied dwelling - sometimes it would be much less, sometimes much more.
The more serious problem is fixtures. Anything that the previous owner detaches before the tax deed is registered, technically belongs to him. This includes absolutely everything including the drywall, the built in kitchen cupboards, and yes, the kitchen sink. Recently we had a tax sale house where every fixture in the house was detached and removed except for the built in tub/shower in the main bath. Yes, even the toilets and kitchen cupboards. When people act out of desperation they will do whatever is legal to provide for their, and their family's basic needs. If you are not prepared to make allowances for damage and delay, you probably should not be buying at tax sale.
Now that I think of it there was a case where we never got the owners out. Yes, never. It went to court in Peterborough about 15 years ago, but we never appealed it to the supreme court of Ontario. It was the first case where a tax deed was overridden, and it was referenced in the infamous eastern Ontario farmer case that everyone talks about. So there you have it - you could win at tax sale and never get to set foot inside the door. Happy hunting at Puslinch!

[LeedsUTD]

WOW! Sounds like occupied tax sales can be lengthy in time to say the least.

Whilst all this goes on who bears the burden of paying for property taxes and utilities and such?

Any stories of owners who just up and leave? Are the situations you describe common for occupied tax sales or a worse case scenario?