clearview

Tax Sale Frequently Asked Questions (FAQs)

The following information is provided in response to frequently asked questions only and shall not be construed as an interpretation of the Municipal Act or legal advice and it is not binding on Clearview. 

 

Why is Clearview selling these properties?

As per provincial legislation, a municipality may recover unpaid property taxes through the sale of the property. By the time a property is eligible for tax sale the property taxes are at least in their fourth year of arrears and often in their fifth year of arrears. 
 

When are the Tax Sales held?

Recent Tax Sales have been held in February or March. There is no guarantee that future tax sales will be held in those same months. Please check this website or contact our office for information on the next tax sale. 
 

Can I really buy a property in Clearview so cheaply?

Tax sales are not typical real estate transactions and there are risks associated with this type of transaction. Clearview is only interested in recovering unpaid taxes and fees and is not obligated to obtain fair market value. Prior to considering participating in a tax sale, it is recommended that you seek advice from a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada, and conduct thorough research before submitting a tender. 
 

Can I build a house on the property?

If you want to know if you can build on the property then it is recommended that you speak with our Planning Department. 
 

Can Clearview recommend a lawyer that I may consult?

Clearview does not provide recommendations for legal counsel. 
 

What does “cancellation price” mean?

An amount equal to all tax arrears owing at any time in respect of land together with all current real property taxes owing, interest, penalties thereon, and all reasonable costs incurred by Clearview after the Treasurer becomes entitled to register a Tax Arrears Certificate under section 371 of the Municipal Act, 2001. 
 

Up to what point can the owner pay the taxes and avoid the sale?

The owner can pay the "cancellation price" at any time up to the point in which the property is either transferred to the successful tenderer or vested to Clearview due to a failed tax sale. 
 

How would I determine if there is a mortgage or any liens owed against the property?

It is the responsibility of the tenderer to search title at their expense. For information on title searches:
Simcoe Land Registry Office
114 Worsley Street
Barrie, ON L4M 1M1
Phone: 705-725-7232
Or consult a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada.
 

Am I able to view the property?

Clearview does not provide access to view the property.
 

What is the condition of the property? What if the property is in poor condition?

Properties are sold AS IS. Clearview does not make any representation as to the condition or size of the property.
 

What if there is debris, junk, etc. on the premises?

Properties are sold AS IS. The purchaser is responsible for the removal of any debris, junk, etc. left at the property and any associated expense.
 

What if the property is occupied?

Clearview does not guarantee vacant possession. Please contact a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada.
 

What is the property assessed for and/or what are the annual property taxes?

This information is available in our tax sale information package.
 
For additional information related to assessment:
Municipal Property Assessment Corporation (MPAC)
1-866-296-MPAC (6722)
 

What are the annual utilities costs?

Clearview does not have this information.
 

What other costs are payable to Clearview if I am the Purchaser?

The Purchaser is responsible for payment of any additional taxes, charges, penalties and interest that may be owing subsequent to the property being advertised for sale. In addition, the successful tenderer is responsible for the land transfer taxes, registration fees and HST, if applicable.
 
For additional information on Land Transfer Tax:
Simcoe Land Registry Office
114 Worsley Street
Barrie, ON L4M 1M1
Phone: 705-725-7232

If I am not the highest tenderer, do I receive my deposit cheque back at the tender opening?

In most instance the deposit cheques could be released. We do not release the deposit cheques for the top two bidders as the second highest tenderer may become the successful tenderer if the original highest tenderer is disqualified or not able to complete the transaction. No deposit cheques will be released at the tender opening under any circumstances. Deposit cheques of unsuccessful tenderers will be returned by mail.
 

Can I pick up my deposit cheque?

Yes. Please let us know before we mail it out and bring identification with you.

When will I know if I am the successful tenderer?

The unofficial successful tenderer is announced at the Tax Sale. The successful tenderer will be notified by mail within 1 week following the public sale. Clearview will notify the highest tenderer of the balance to be paid in order for the tenderer to be declared the successful purchaser. The balance due must be paid in full within 14 calendar days of the mailing date of the notice. Upon receiving notification, the highest tenderer should immediately retain a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada. 

What happens if the successful tenderer does not follow through?

The successful tenderer's deposit is forfeited and the land is offered to the second highest qualified tenderer who has 14 calendar days from being notified by registered mail to pay the balance owing.

How do I get the keys for the property?

Clearview does not have a key to the property and is not responsible to provide one to the purchaser.

What happens to the property if Clearview does not receive any tenders?

Clearview has two years from the date of the failed tax sale to vest the property to Clearview or re-advertise the property for sale.

Does Clearview have information on previous tax sales?


Contacts for more information:

Information on the tax sale Lynn Williams, Tax Collector – 705-428-6230 ext. 227