Tax sales - FAQ
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 is not binding on the Municipality.
Why is the Municipality 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 second year of arrears.
Can I really buy a property in Marmora and Lake so cheaply?
Tax sales are not typical real estate transactions and there are risks associated with this type of transaction. The Municipality of Marmora and Lake is only interested in recovering unpaid taxes 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 the Municipality recommend a lawyer that I may consult?
The Municipality 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 the Municipality 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 the Municipality 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:
Belleville Land Registry Office
199 Front Street
Belleville, ON K8N 5H5
Phone: 613-968-4597Am I able to view the property?
The Municipality 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. The Municipality 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?
The Municipality 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 provided in the relevant tender package. Tender packages are available for purchase to interested parties from the Municipality. For additional information related to assessment, contact: Municipal Property Assessment Corporation (MPAC): 1-866-296-MPAC (6722)
What are the annual utilities costs?
The Municipality does not have this information.
What other costs are payable to the Municipality 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:
Belleville Land Registry Office
199 Front Street
Belleville, ON K8N 5H5
Phone: 613-968-4597If I am not the highest tenderer, do I receive my deposit cheque back at the tender opening?
No deposit cheques will be released at the tender opening under any circumstances. Deposit cheques of unsuccessful tenderers will be returned by registered mail ONLY.
My tender submitted is much lower than others - why may I not receive my deposit cheque back at the tender opening?
The Municipality must review all tenders for compliance with the requirements of the legislation and Municipal processes following the public opening. The highest tender may not be the successful tender. Tenders can be rejected for a variety of reasons including noncompliance with the legislation. Lower tenders may be considered.
Can I pick up my deposit cheque?
You cannot pick up your cheque. Deposit cheques of unsuccessful tenderers will be returned by registered mail ONLY.
When will I know if I am the successful tenderer?
The successful tenderer will be notified by registered mail within one week following the public sale. The Municipality 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?
The Municipality does not have any key(s) to the property and is not responsible to provide one to the purchaser.
What happens to the property if the Municipality does not receive any tenders?
The Municipality has two years from the date of the failed tax sale to vest the property to the Municipality or re-advertise the property for sale.
Disclaimer: The information contained on this page may be out-of-date as relevant legislation changes. While every effort will be taken to update the information, the Municipality of Marmora and Lake cannot be held responsible for any legal liabilities arising from the use of the information.