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When Can A Lien Be Reigistered?
Chapter: LIENS
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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
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.
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