PROPERTY TAX SALE BY SEALED TENDER
In the matter of the Municipal Government Act of the Province of Nova Scotia
NOTICE is hereby given in accordance with the Municipal Government Act, part 6 section 143(4), that the Municipality of the County of Antigonish is inviting sealed tenders for the following properties:
(Please note: For some of the properties, a description may be viewed by clicking the Assessed Name. A PVSC map of each property may be viewed by clicking the Address.)
Properties can be removed at any point prior to the Tax Sale so please check back often.
|PID #||AAN #||Assessed Name||Address||Description / Location||Deed||Minimum Bid|
|549 Monks Head Rd||Land/Sm Buss – Pomquet (1 ac +/-)||Redeemable||$5,709.82|
|3 Linwood Station Rd||Land/Dwelling-Linwood Stn(18 ac +/-)||Redeemable||$3,219.94|
|3||OUT OF SALE|
|4||OUT OF SALE|
|5||OUT OF SALE|
|6||OUT OF SALE|
|7||OUT OF SALE|
|8||OUT OF SALE|
|9||OUT OF SALE|
|10||OUT OF SALE|
|11||OUT OF SALE|
|12||OUT OF SALE|
|13||OUT OF SALE|
|14||OUT OF SALE|
|15||OUT OF SALE|
|16||OUT OF SALE|
|17||OUT OF SALE|
|18||OUT OF SALE|
|19||OUT OF SALE|
Tenders must be submitted in a sealed envelope addressed to the undersigned and shall be clearly marked on the outside of the envelope “PROPERTY TAX SALE BY TENDER.” Bidders must complete a separate tender form for each property they wish to bid on. Tender forms are available from the Municipality of the County of Antigonish, 285 Beech Hill Road, Beech Hill, NS B2G 0B4, by telephone: 902-863-1117 or email: email@example.com
Tenders will be accepted until 2:00 pm local time, Wednesday, March 3, 2021.
Successful bidder will be contacted on March 10th, 2021.
Terms: Bidder must meet the minimum bid set per property which includes cost of Certificate of Sale and Tax Deed registration. The accepted tender price must be paid within three (3) business days after being notified of acceptance. Failure to pay the accepted tender price within that time will result in the tender being awarded to the next highest bidder above minimum bid. Methods of payment: cash, certified cheque, money order, visa, mastercard or amex.
The Municipality reserves the right to reject any or all tenders, to not necessarily accept the highest bidder or any tender not deemed to be in its best interest.
The Municipality also reserves the right to waive formality, informality or technicality in any tender.
Take notice that Tax Sales (Tender) do not in all circumstances clear defects in title. A tax deed conveys only the interest of the assessed owner, whatever their interest may be. If you are intending to clear defects in the title of the property by way of Tax Sale (Tender), you are advised to obtain a legal opinion as to whether this can be done.
The Municipality of the County of Antigonish makes no representations or warranties to any purchaser regarding the fitness, geographical or environmental suitability of the land(s) offered for sale for any particular use and does not certify the legal title, legal description or boundaries AND the lands for sale are being sold on an “as is” basis.
Although the Municipality of the County of Antigonish has made all reasonable efforts to confirm ownership, it does not guarantee titles or boundaries of the aforementioned properties. Prospective purchasers are responsible for conducting their own searches, surveys and or other investigations.
SEALED TENDER – TAX SALE PROCESS
Bids must be received in our office and date stamped by: 02:00 pm Wednesday March 03, 2021
- The minimum bid for the properties will consist of tax arrears, interest, legal fees, document registration and administration fees.
- Tender forms are available to print from our web-site, can be picked up at the Municipal office located at 285 Beech Hill Road, by telephone at 902-863-1117 or by email from firstname.lastname@example.org
- Bidders must complete a tender form for each property they wish to bid on.
- Tenders must be submitted in a sealed envelope addressed to the Municipality and shall be clearly marked on the outside of the envelope “PROPERTY TAX SALE BY TENDER”.
- There will not be a public opening of tenders. The successful bidder (upon approval from Council) will be contacted the day following the first council meeting after the closing date (in this case, bidder will be contacted on March 10th).
- If there are two or more bids for identical amounts on the same property, those bidders would be contacted and given twenty-four (24) hours to re-submit a new bid. Should the bids come back the same a second time, another twenty-four (24) hours would be given. If two identical bids happened a third time, then a coin-toss would determine the winning bid.
- If payment for your successful bid is not completed by March 15, 2021, the property will then be offered to the next highest bidder above minimum bid.
- Methods of payment are: Cash, Certified Cheque, Money Order, Visa, Mastercard, or American Express. Debit card or personal or post-dated cheques will not be accepted.
- Properties are being sold on an “as is” basis.
- Faxed, electronic or digital submissions/tenders will not be considered.
- Sale can be stopped right up to the time before “sold” is declared.
First advertisement in the Highland Wire: February 02, 2021
Second advertisement in the Highland Wire: February 23, 2021
Closing date for tender bid submissions: March 03, 2021 at 2:00 pm (received in our office and date stamped)
Bids awarded at council meeting: March 09, 2021
Successful bidder contacted: March 10, 2021 (official date of sale)
Payment must be completed on or before: March 15, 2021
On the day of the tax sale each purchaser or their agent must register and receive a bidder number. Each person attending the sale is given a list of the sale properties and a hand-out outlining the tax sale procedures. Properties will be sold in the same order they are shown in the advertisement in the local paper.
The opening bid on each property will be the amount of taxes, interest and expenses outstanding at the commencement of the sale. Payment of the taxes, interest and expenses must be made by Cash, Credit Card (Visa, MasterCard, Amex.), Certified Cheque (Money Order) or Lawyers Trust Cheque immediately following the sale of each property. The balance of the purchase price, if any, must be made by Cash, Credit Card (Visa, M/C, Amex), Certified Cheque or Lawyer Trust Cheque within three (3) business days of this sale.
Properties sold at tax sale with six (6) years taxes or less outstanding will be subject to a six (6) month redemption period prior to a tax deed being issued. A tax deed will be issued in a reasonable time for non-redeemable properties sold at tax sale with more than six (6) years taxes outstanding.
~ The Municipality does not guarantee that any property sold at tax sale will meet Nova Scotia Department of Environment or Nova Scotia Transportation and Infrastructure Renewal regulations for the purpose of obtaining a building permit. ~
The Municipality of the County of Antigonish makes no representations or warranties to any purchaser regarding the fitness, geographical or environmental suitability of the land(s) offered for sale for any particular use and does not certify the legal title, legal description or boundaries AND the lands offered for sale are being sold on an “as is” basis.
If you have further questions about this process or an upcoming sale, please contact Vera at 902-863-1117 or e mail email@example.com
Tax Sale Procedures
- Tax sales are always conducted in compliance with the Municipal Government Act and have met all requirements therein.
- Only those properties deemed admissible upon final administrative and legal review will proceed to sale.
- Properties will be sold in the same order as they are listed in the local newspaper advertisement
- The opening bid on each property will consist of the amount of taxes, interest and expenses outstanding at the commencement of this sale
- Payment of the taxes, interest, and expenses must be made by CASH, CREDIT CARD (Visa, MasterCard, Amex), CERTIFIED CHEQUE (Money Order) or LAWYER’S TRUST CHEQUE immediately following the sale of each property – No other form of payment will be accepted
- The balance of the purchase price, if any, must be made by CASH, CREDIT CARD (Visa, MasterCard, Amex), CERTIFIED CHEQUE (Money Order), or LAWYER’S TRUST CHEQUE within three (3) business days of this sale
- If you are the successful bidder, please proceed to the tax office immediately to make payment
- Bidding on the next property will not begin until the cashier returns to the room and confirms the successful completion of the sale of the current property. If for any reason the sale is not completed successfully, bidding will re-open on this property before moving to the next one
- A tax deed will be issued within a reasonable time on all Non-Redeemable properties (with more than six (6) years outstanding taxes) sold at tax sale
- Redeemable properties (with six (6) years or less outstanding taxes) sold at tax sale will be subject to a six (6) month redemption period prior to a tax deed being issued
- The Municipality does not guarantee any property sold at tax sale will meet Nova Scotia Department of Environment or Nova Scotia Department of Transportation and Infrastructure Renewal regulations for the purpose of obtaining a building permit
Frequently Asked Questions
What is the “Right of Redemption” associated with a Tax Sale?
- For properties sold at tax sale with six years or less outstanding taxes, the right of redemption exists. As the tax sale is a public auction, the property goes to the highest bidder. If the owner of the property is not the highest bidder the day of the sale, the redemption provisions of the Municipal Government Act apply.
- The right of redemption exists for up to six (6) months after the tax sale. The right to redeem may be exercised by an owner of the property, the holder of a mortgage or other lien, or a person with an interest in the land.
- To redeem, the person redeeming must pay:
- the sum paid by the purchaser (less any surplus remaining after paying the taxes, interest, expenses and other charges)
- interest at 10% per annum on the total amount paid by the purchaser
- taxes and interest for the next fiscal year after the sale
- the recording fee for the certificate of discharge
- all fire insurance premiums paid by the purchaser
- all sums paid by the purchaser for necessary repairs to the property (as long as those repairs were approved by the Treasurer in writing)
- less any rent or other income earned by the purchaser from the property
What happens to the proceeds of a tax sale that are beyond those amounts required to pay the taxes, other rates and charges, interest and expenses?
- If bidding on a property at a tax sale results in the Municipality receiving funds in excess of what is required to recover it’s taxes, other rates and charges, interest and expenses; those funds are placed in a “tax sale surplus account”.
- Funds from a Municipality’s tax sale surplus account can only be dispensed by a Court Order.
- An application to Court to pay out the tax sale surplus will usually be made by the former owner, but might be a trustee in bankruptcy, or some of the heirs of a former owner. None of the surplus is paid out until the redemption period, if there is one, has expired.
- The Municipality remains liable to a person entitled to the surplus for twenty (20) years.
What is “clearing title” and what role does it play in tax sales?
- Properties are sold at tax sale for arrears of taxes and services only. An owner, however, may let their property go to tax sale to clear title.
- Once the Chief Administrative Officer has advised those at the tax sale of the property to be sold and the particulars associated with the sale, the owner may announce to those present that they have allowed the property taxes to go in arrears on purpose and request that no one bid on the property, however, since it is a public auction others cannot be prevented from bidding if they wish to.
- The point of the announcement is to deter the bidders since the person attempting to clear title will presumably redeem the property immediately if there are other bidders.