Messages

1

Questions and Answers / Re: Eviction Process - is this under the TPA (Tenant Protection Act)

« on: February 11, 2008, 09:35:52 PM »

Are the existing residents tenants or previous owners? If previous owners, then there is no "Landlord/Tenant relationship" and therefore no rights. You would goto the sheriff and ask for eviction. I'd suggest ask a lawyer on that one though.

IF they were tenants, you have to go though the LTB (used to be called ORHT) and get an order based on that.

Last option of course, you COULD just negotiate something to keep them there as tenants. Again, that depends on what you want to do with the property.

2

General / Sheriff Sales

« on: July 04, 2006, 05:34:15 PM »

I know that with a tax sale the mortgagor is pretty much SOL and the buyer gets a clear title, correct? What about Sheriff sales? I see a clause that says "Buyer to assume responsibility for all mortgages, charges, taxes, leins, etc"

3

Questions and Answers / Re: Execution Search

« on: June 18, 2006, 06:40:54 AM »

Hmmm not sure if this comes under Liens but what if the property owner has a non-crown Writ against him? So it IS a writ of execution filed with the Sheriff, but it is by an individual and not the crown. Would that also survive a tax sale?? I know a writ prevents a property owner from selling the property themselves unless they've satisfied the judgment, but Tax sale I'm just looking into now so I'm very curious.

4

Questions and Answers / Sheriff Sales

« on: June 18, 2006, 06:35:14 AM »

I was looking through a few and saw this clause:
CONDITIONS:
The purchaser to assume responsibility for all mortgages, charges, liens,
outstanding taxes, and other encumbrances. No representation is made
regarding the title of the land or any other matter relating to the interest
to be sold. Responsibility for ascertaining these matters rests with the
potential purchaser(s).

Does that mean the mortgage does not automatically get discharged as in the case of a tax sale? Liens I understand would show up on a title search, and taxes would have to be checked with the municipality (correct?). The Charges/Mortgages part though would be good to find out.
Thanks