Ontario Tax Sale Property
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Liens On Owner Or Property
Chapter: LIENS
bron3003
So my question is do I have to worry about any money on the owner? Or just the house?
Frank
You need to worry about it if the personal encumbrance is against all of the assets of the owner (which would of course include the house). In a tax sale it is a concern if this encumbrance is from the Crown. In a private transaction, it would apply to any lien whatsoever. If you are doing a private transaction, you would want the agreement of purchase and sale to clearly state that the property is being transferred free and clear of any debt - then your lawyer would ensure that is the case on closing.
In a tax sale you don't have that luxury, but you need only concern yourself with crown liens in that case.
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