Intermediate Guide 20 minute read

Legal Considerations & Title Issues

Understanding mortgages, liens, executions, and other legal factors that affect tax sale properties.

Difficulty: Intermediate
Reading Time: 20 minutes
Topics Covered: Mortgages, liens, title issues, legal risks
Prerequisites: Bidding Strategies
1

Understanding Property Titles

Property titles are legal documents that establish ownership rights. In tax sales, understanding title issues is crucial because you're acquiring property through a legal process that may not clear all existing claims.

Key Principle

Tax sales generally provide good title, but they don't guarantee perfect title. Some interests may survive the tax sale process, and understanding these is essential for making informed investment decisions.

Types of Title Issues

Common Title Problems
  • Outstanding mortgages
  • Construction liens
  • Judgment liens
  • Tax liens (other jurisdictions)
  • Easements and rights-of-way
  • Restrictive covenants
Less Common Issues
  • Environmental orders
  • Heritage designations
  • Aboriginal land claims
  • Matrimonial property rights
  • Executor/probate issues
  • Fraudulent transfers
2

Mortgages and Liens

Understanding how different types of mortgages and liens are affected by tax sales is crucial for assessing the true cost and risk of your investment.

Mortgage Priority vs. Tax Sales

Type of Charge Typical Result in Tax Sale Risk Level Action Required
First Mortgages Usually extinguished Low Verify in title search
Second Mortgages Usually extinguished Low Verify in title search
Construction Liens May survive if recent Medium Check lien dates carefully
Judgment Liens Usually extinguished Low Verify judgment details
CRA Liens May survive High Legal advice essential
Legal Complexity Warning

This guide provides general information only. Tax sale law is complex and varies by province. Always consult with a qualified real estate lawyer before making significant investment decisions based on title issues.