Liens on Property – How to Deal with a Property Tax Lien

There are many different types of liens that can end up on an individual’s property. The liens on property can include; Canada Revenue Agency Tax liens, condo fee liens, liens that result from a judgement and property tax liens. A property tax lien, Canada Revenue Agency tax lien and a condo fee lien do not require a court order to be placed on your property. Whereas in Ontario if a private individual or company who wants to file a lien on your property first has to obtain a judgement against you through the Superior Court of Justice.

Property tax liens in Canada are very serious because they take priority over all other liens and mortgages. When you have property tax arrears in Canada, you owe money to the government or the Queen. When a Municipality files a property tax lien against your property, it takes priority over even your mortgage.

A property cannot be sold or refinanced with a property tax lien on it. In Ontario, a property tax lien is filed on the Province of Ontario Land Information System online and a bank or potential buyer of a property can find out if there is a property tax lien on your property at the click of a mouse.

A property tax lien can grow at an alarming rate and falling into arrears on your property taxes has a real snowball effect. Liens on property once filed will be subject to interest and legal charges. Even if you come up with the money to pay off the debt that is associated with a property tax lien, the interest and legal fee will have to be paid in order for it to be removed.

A property tax lien filed on a property by a municipality will result in a notification being sent to any mortgage holders. Because of the severity of a property tax lien and the position on title it will hold, many mortgage lenders once notified of a property tax lien may pay it on your behalf and then demand to be repaid in full. If you do not repay the mortgage lender, they could force your property into power of sale.

The best thing to do if you have property tax arrears or liens registered on property that you own it to come up with a plan to pay the property tax arrears off. Easier said than done right? There are options. If you have some equity in your home, it is a better choice to refinance your home to come up with proceeds to pay off a property tax lien than to see your mortgage lender involuntarily do it on your behalf.

Refinancing your first mortgage or taking out a new second mortgage is the best way to eliminate property tax arrears because the mortgage amortization will result in very little difference in increase to your mortgage payment. Using a line of credit or loan is less advisable because payments will be higher and you will still have your monthly property tax obligation so it may cause strain to your budget.

Finally, it is always best to ask your first mortgage lender to collect your property tax payment with your mortgage payment. Doing so will feel like one less payment on a monthly basis and will reduce the opportunity for you to fall behind on your property taxes, ending up with a property tax lien.