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bron3003

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When I called..
« on: December 19, 2007, 12:22:58 PM »
I called the registery office yesterday and I asked her a few questions.  I asked her if I asked for a full title search on a property would all the money owing on the home be present she said it might it might not and any money thats against the owner wouldn't be on there.  So my question is do I have to worry about any money on the owner?  Or just the house?

Thank you in advance

Bronwyn
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Woody

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Re: When I called..
« Reply #1 on: December 19, 2007, 01:31:16 PM »
To find out about money owed against the owner, you need to do a Sherrif's Search.  There is more information about this on the board..... try going through some of the older posts.

Woody
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Frank

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Re: When I called..
« Reply #2 on: December 19, 2007, 04:24:25 PM »
Quote from: bron3003 on December 19, 2007, 12:22:58 PM
So my question is do I have to worry about any money on the owner?  Or just the house?

Thank you in advance

Bronwyn


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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