Notary Public's Certification of Authenticity TO ALL TO WHOM THESE PRESENTS MAY COME, I, Sarah Lynn Rentz, Solicitor and Notary Public in and for the Province of Manitoba, by Royal Authority duly appointed, residing at Winnipeg, Manitoba, DO CERTIFY AND ATTEST THAT the paper attached hereto is a True Copy of a document produced to me and purporting to be: Notice of Application for Title In the matter of Tax Application Number 4745430/1 Dated: August 5, 2016 THE SAID COPY HAVING BEEN COMPARED BY ME WITH THE SAID ORIGINAL DOCUMENT, an act whereof being requested, I have granted the same under my Notarial Form and Seal of Office to serve and avail as occasion shall or may require. IN TESTIMONY WHEREOF I have hereunto subscribed my name and affixed my Seal of Office at the City of Winnipeg, in the Province of Manitoba, this 15 day of November, 2017. SARAH RENTZ A NOTARY PUBLIC in and for the Province of Manitoba Application for Title No.4745430/1 City Tax Sale No. 119/186 NOTICE OF APPLICATION FOR TITLE THE CITY OF WINNIPEG CHARTER, SM 2002, c. 39 Section 395 · NOTICE TO: CHRIS ACKLAND AND TO: N/A WHEREAS The City of Winnipeg as the tax purchaser of real property has applied to be the registered owner. under the above Act, of the lands described in Certificate of Title Number 1579174/1 as: SP LOT 21 PLAN 33989 WLTO IN RL 63 AND 64 PARISH OF ST JAMES Pursuant to Section 395(2) of The City of Winnipeg Charter, BE ADVISED THAT unless within 90 days after this notice is given to you: (a) the tax sale of the property is challenged under Section 403 (action to set aside tax sale); or (b) the property is redeemed from tax sale by payment of the amount necessary for that purpose; a certificate of title to the property may be issued into the name of the tax purchaser. CHALLENGE TO TAX SALE As noted above any challenge to a tax sale of realproperty must be brought pursuant to Section 403 of The City of Winnipeg Charter. REDEMPTION Should you wish to redeem your property from tax sale you may do so by making payment to the District Registrar of the Winnipeg Land Titles Office pursuant to Section 390 of The City of Winnipeg Charter or by entering into an agreement for redemption by installments with the City of Winnipeg pursuant to Section 393 of The City of Winnipeg Charter. CONTACT INFORMATION FOR REDEMPTION The Winnipeg Land Titles Office 276 Portage Avenue, Winnipeg MB R3C 086 (204} 945-2262 The City of Winnipeg - Legal Services 3-185 King Street Winnipeg,MB R3B 1J1 (204) 986-2668 DEBARRED FROM THE PROPERTY Please note that pursuant to Section 396 of The City of Winnipeg Charter, unless you either challenge the tax sale or redeem the property from tax sale you will be forever estopped and debarred from setting up any claim to or in respect of the property. PLEASE SEE BELOW FOR CERTAIN RELEVANT SECTIONS OF THE CITY OF WINNIPEG CHARTER. DATE: August 5, 2016 For District Registrar Winnipeg Land Titles Office Action to set aside tax sale 403 A person wishing to challenge a tax sale of real property must, within 30 days after the date of sale of the property or within 90 days after receiving notice under section 395 (notice of application for title), (a) bring an action 1n the Court of Queen's Bench to annul or set aside the sale; and (b) obtain a pending litigation order and file it in the land titles office. Redeeming by payment to district registrar 390 Any person who has an interest in real property that has been sold for unpaid taxes, or a person on their behalf, may, after the expiration of one year after the date of sale of the property and before a certificate of title is issued to the tax purchaser of the property, redeem the property from tax sale by paying to the district registrar (a) the full amount of all unpaid taxes owing on the property, including taxes levied after the property was sold for taxes; (b) all expenses incurred by the tax purchaser in proceeding to obtain title to the property, including solicitor's fees, if any, which costs and fees may be fixed and taxed by the district registrar; (c) all fees charged under section 404 (forms and fees for L.T.O.) by the district registrar in respect of the redemption; (d) the amount of any taxes on the property for the current year paid by the tax purchaser since the sale; and (e) where the tax purchaser of the property is not the city, an amount by way of penalty calculated at the rate prescribed by regulation for the purpose of clause 343(1)(c) (repayment of taxes) of The Municipal Act multiplied by the total of the full amount that was paid by the tax purchaser at the tax sale. Authority for instalments 393(1) Council may by by-law authorize the city to enter into an agreement with a person (in this section referred to as "the contracting party") who is the registered owner of, or who has an interest or estate in, or a charge on, real property that has been sold for taxes for the redemption of the property from the tax sale through the payment of instalments. Copy of agreement to district registrar 393(2) Where an agreement is made under subsection (1), the city must forward a copy of it to the district registrar who shall make entries in the records of the land titles office to indicate that the agreement for redemption has been made. Agreement not to affect other remedies 393(3) The making of an agreement under subsection (1) for the redemption of real property from tax sale and payments by the contracting party under the agreement do not prejudice, alter or affect any remedy that the city may take to enforce payment of taxes on the property in the event of default under the agreement. Default under agreement 393(4) Where there is default by the contracting party under an agreement made under subsection (1), the agreement is void and (a) all money paid by the contracting party under the agreement becomes the property of the city even if the real property to which the agreement relates is not completely redeemed from the tax sale: and (b) the district registrar must proceed to deal with any application by the tax purchaser in respect of the real property as though the agreement had not been made. Power of city to assign tax sale certificate 393(5) Despite the making of an agreement under subsection (1) for the redemption of real property from tax sale, the city, if it is the tax purchaser of the property, may assign the tax sale certificate for the property and all its rights under the certificate, but the assignee of the certificate must observe and comply with all the provisions of the agreement required to be observed or complied with by the city. Effect of agreement on tax purchaser 393(6) Despite subsection 394(1), where an agreement is made under subsection (1) for the redemption of real property from tax sale, an application under subsection 394(1) by a tax purchaser of the property (a) must not be made until after the contracting party defaults under the agreement; and (b) may be made within two years after any default under the agreement by the contractor. Persons entitled to redeem 396 Every person required under subsection 395(1) to be served with a notice in respect of an application for title to real property in tax sale who does not, (a) exercise the right of redemption of the property from the tax sale before title is issued to the tax purchaser; or (b) challenge the tax sale under section 403 (action to set aside tax sale) within 90 days after the day determined under subsection 395(6); is forever estopped and debarred from setting up any claim to or in respect of the property.
↧