Title and Execution Searches

[Frank]

As Netpred said....rare....and I said...possible. 

Never rely on the stat dec solely...it is a good starting point, but these are troubled properties,.... and troubled former owners, so anything can happen.   Do your homework. 

[cityhunter]

by the amount of overbids and bids on properties with troubles... alot DO NOT do homework !

[MHT]

I'm just curious as to what is covered in the statutory declaration?

[Frank]

I'm just curious as to what is covered in the statutory declaration?

The treasurer is required to notify all parties interested in the property of the registration of a tax arrears certificate.  Then he must swear out a declaration that he has done so, and that declaration is open to anyont to inspect.  The declaration will give you a list of all parties interested in the property...banks, former wives,  and of course the crown.   

374.  (1)  Within 60 days after the registration of a tax arrears certificate, the treasurer shall send a notice of the registration of the certificate to the following persons:

1. The assessed owner of the land.

2. Where the land is registered under the Land Titles Act, every person appearing by the parcel register and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b).

3. Where the Registry Act applies to the land, every person appearing by the abstract index and by the index of executions for the area in which the land is situate to have an interest in the land on the day the tax arrears certificate was registered, other than a person who has an interest referred to in clause 379 (7.1) (a) or (b). 2001, c. 25, s. 374 (1); 2006, c. 32, Sched. A, s. 153.

Spouse of owner

(2)  If a notice is sent under this section to a person appearing by the records of the land registry office to be the owner of the land, a notice shall also be sent to the spouse of that person and, where this subsection is complied with, section 22 of the Family Law Act shall be deemed to have been complied with. 2001, c. 25, s. 374 (2); 2009, c. 33, Sched. 21, s. 6 (33).

Statutory declaration

(3)  The treasurer shall, immediately after complying with subsections (1) and (2), make a statutory declaration in the prescribed form stating the names and addresses of the persons to whom notice was sent. 2001, c. 25, s. 374 (3).

Inspection

(4)  The treasurer shall permit any person, upon request, to inspect a copy of the statutory declaration made under subsection (3) and shall provide copies of it at the same rate as is charged under section 253. 2001, c. 25, s. 374 (4).

Limitation

(5)  A person is not entitled to notice under this section if,

(a) after a reasonable search of the records mentioned in subsection 381 (1), the treasurer is unable to find the person?s address and the treasurer is not otherwise aware of the address; or

(b) the person has expressly waived the right to notice, either before or after the notice should have been sent. 2001, c. 25, s. 374 (5).

[MHT]

Ah, very good.  Thank you for the response.

[Pfm1011]

Sorry but you have to pay to play

[Rob]

Is there a website that doesn't charge to charge?....i don't mind paying a fee for documents on a need to know basis.... but this is a little much.

Just do a search on google for "title search ontario"

http://www.google.ca/search?q=title+search+ontario


Check out this place:
http://www.bdc-canada.com/DOCUM/services/land_registry_search.htm

Title searches for around $65-85 on average and return time around 3 hours in the best case scenerio. 

[MikeS]

If we start withholding provided information for paying customers only, which we are being given by municipalities to advertise properties with, what exactly are we accomplishing?

I can tell you what you are accomplishing by not restricting access...you're bringing in every bozo of the street to make bids and inflating prices. Which, by the sounds of it is what the municipalities are paying you to do so congratulations....mission accomplished

[MikeS]

We provide service to the public because, not "every bozo" has the resources available to them to even imagine the possible rewards of a good tax sale investment and again the municipality recovering the overdue arrears is our main priority second to that we ensure these properties do sell for an amount greater than the Minimum Tender Amount. That actually makes money available for former owners, mortgagee's etc., how are these bad things Mike?

I agree....Those aren't 'bad things', for former owners or mortgagee's....I'm sure they love you. But as an investment, my(and the majority of ppl here) main goal is to make as much money as possible. I have zero concern to fill the pockets of the former owners because they had zero concern in paying their taxes

Best of luck though