Tax Sales
The Township of Wainfleet, as permitted by the Municipal Act, 2001, may sell a property to recover unpaid property taxes once the taxes are two years in arrears. Generally, by the time a property is eligible for tax sale, the property taxes are at least in their third year of arrears. The Township will advertise all tax sale properties on this page and in the local newspaper.
- There are no current tax sales.
Frequently asked questions
How are tax sales conducted? |
Our tax sales are conducted by public tender (a tender is a written document that advises the Treasurer how much a person will pay for the property). |
What is the advantage of buying a property through a tax sale? |
Tax sale properties can often be bought at prices far below market value. This is because we do not have to obtain the market value for these properties. We only have to recover the amount of taxes owing (including interest and penalties), plus the costs related to the tax sale. |
Minimum Tender Amount |
This is the amount that the Township must receive in order to sell the property. This is the amount of the outstanding taxes, penalty, interest and costs associated with the tax sale process. |
Can I buy a property for the Minimum Tender Amount? |
Not necessarily. The person who submits the highest tender will be permitted to buy the property. The Minimum Tender Amount is simply the lowest amount the municipality is allowed to accept. Any tender that is received for less than that amount must be rejected. |
When does the highest tenderer become the owner of the property? |
Shortly after receiving payment in full from the purchaser (including Land Transfer Tax, Accumulated Taxes, and if applicable, HST) the municipality will have a “tax deed” registered on title at the land registry office. As soon as the tax deed has been registered the purchaser becomes the owner of the property. |
Are there mortgages on tax sale properties? |
When a property is sold by tax sale, any mortgages on it are eliminated, except for mortgages or liens in favour of the “Crown”. The “Crown” means the government of Ontario or the government of Canada, or one of their agencies or crown corporations. |
Will a tax deed give me clear title to a property? |
Not necessarily. After a tax sale, properties are subject to any interests in favour of the Crown in right of Ontario or Canada. Some examples of such interests are mortgages in favour of the Business Development Bank or a lien in favour of the Canada Revenue Agency. Tax sale properties may also be subject to other interests such as ‘easements', ‘restrictive covenants' and ‘adverse possession'. |
What happens if I buy a property that is subject to an interest in favour of the Crown? |
You will be responsible to pay whatever money is owing to the Crown as a result of that interest. If you do not pay that money the Crown could seize the property that you just bought and sell it. |
How can I find out if a property will be subject to any such interests before I submit a tender? |
It will be necessary to obtain both a title search against the property and an ‘execution search' against the owner(s) of the property. This is the responsibility of the person wishing to submit a tender. |
How can I obtain a title search and an execution search? |
You can go to the local land registry office and conduct the search yourself. Or you can hire a lawyer or title searcher to conduct the searches for you. |
Can I inspect a house that is being sold at a tax sale? |
You do not have the right to enter onto a property that is being sold at a tax sale. The person who owns the property is not obligated to allow people to inspect the house or the property. When you buy a property at a tax sale, you take it “as is”. There are no warranties of any kind. |
What happens if I buy a house and there are people living in it? |
It will be up to you to decide what to do. Please note that the municipality is not obligated to provide vacant possession to the successful purchaser. If you wish to evict people living there, you should consider hiring a bailiff or lawyer to handle the eviction process. |