Title/Liens

[tml]

Hi,

I want to say that this is an awesome, super informative site!  I wish I would have found it before my recent first tax sale experience.  Luckily, everything worked out but could have easily gone in the other direction. 

My question is about liens.  Up to what time can a lien be registered against a property?  My lawyer, who didn't know too much about tax sales(seems a lot of lawyers don't) says you are buying as is, and a lien can pop up anytime even after you win the tender.  His assistant says that nothing can be registered after the municipality registers the tax arrears on title. 

[Frank]

Hi,

I want to say that this is an awesome, super informative site!  I wish I would have found it before my recent first tax sale experience.  Luckily, everything worked out but could have easily gone in the other direction. 

My question is about liens.  Up to what time can a lien be registered against a property?  My lawyer, who didn't know too much about tax sales(seems a lot of lawyers don't) says you are buying as is, and a lien can pop up anytime even after you win the tender.  His assistant says that nothing can be registered after the municipality registers the tax arrears on title. 

I believe your lawyer is correct.  It is a good idea to wait until the last possible moment to do the title search...or at least re-check it, just in case.  If a Crown lien were registered between the date of the sale, and the municipal registering a tax deed in your name, then I believe you would have a good case to cancel the sale, and get your deposit back.  Surely, common sense would prevail and the municipality would have to consider this to be a matter that should give cause to cancel the sale.  It is hghly unlikely, and to my knowledge hasn't happened yet,  but obviously the potential is there.

[tml]

Thank you, Frank