Upcoming Tax Sale Information
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Tax Sale Package
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If property taxes remain unpaid for a specific period of time, the Municipal Act, 2001 governs the circumstances under which the property may be sold by Clearview. Clearview may register a Tax Arrears Certificate against title if property taxes remain unpaid for the three years prior to January 1 of any year. These time lines apply to both residential and non-residential classes of property.
A Tax Arrears Certificate indicates that the property will be sold if the "Cancellation Price" is not paid within one year of registration of the certificate. Once a certificate has been registered, partial payments cannot be accepted unless the owner has entered into an extension agreement with the Clearview before the expiry of the one-year period.
Clearview may advertise the property for sale for non-payment of taxes if the "Cancellation Price" is not paid within one year of registration of the certificate. Advertisements are generally published in the Creemore Echo, Collingwood Enterprise-Bulletin and the Stayner/Wasaga Beach Sun for four consecutive weeks and the Ontario Gazette for one week. Tender packages are available online or at the Clearview Administration Centre located at 217 Gideon Street, Stayner.
For legislation governing the tax sale process, including definitions, please refer to the Municipal Act, 2001, S.O. 2001, c.25, including Ontario Regulation 181/03.
http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01m25_e.htm
http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_030181_e.htm
Tax sales are not typical real estate transactions. If you are considering participating in a tax sale, it is highly recommended that you seek independent legal advice from a lawyer licensed to practice in Ontario and in good standing with the Law Society of Upper Canada.
Tax Sale Frequently Asked Questions (FAQs)
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.
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.
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.
If you want to know if you can build on the property then it is recommended that you speak with our Planning Department.
Clearview does not provide recommendations for legal counsel.
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.
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.
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.
Clearview does not provide access to view the property.
Properties are sold AS IS. Clearview does not make any representation as to the condition or size of the property.
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.
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.
This information is available in our tax sale information package.
For additional information related to assessment:
www.mpac.ca
Municipal Property Assessment Corporation (MPAC)
1-866-296-MPAC (6722)
Clearview does not have this information.
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
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.
Yes. Please let us know before we mail it out and bring identification with you.
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.
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.
Clearview does not have a key to the property and is not responsible to provide one to the purchaser.
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.
Information on the tax sale Lynn Williams, Tax Collector – 705-428-6230 ext. 227
