Sale of immovables for non-payment of taxes
Under the Municipal Code of Québec, the MRC carries out the sale of immovables for non-payment of taxes for municipalities located on its territory (excluding the town of Bedford, Bromont, Cowansville, Dunham, Farnham and Brome-Lake).The sale shall take place on the 2nd Thursday of June of each year and it shall be held at the administrative office of the MRC Brome-Missisquoi located at 749 Principale street, Cowansville at 10 am. As of mid-April, the list of immovables likely to be sold is available.
The sale of immovables for non-payment of taxes is a legal option made possible by specific Sections contained in both the Municipal Code of Quebec and the Cities and Towns Act to recover the amount owed by the property owner. The course of action is as follow:
- The municipality which has unpaid taxes of 2 years or more must do everything in its power to inform the owner that the immovable in question will be submitted to the MRC, which shall undertake the legal procedure for the sale of the immovable on the 2nd Thursday of June of this current year and the municipality shall also inform the owner of the various costs relate to the unpaid taxes and interests (minimum of $225).
- By the last Friday of March, the municipalities must send their lists of unpaid immovables to the MRC.
- The MRC publishes twice a public notice regarding the sale of immovables for non-payment of taxes in local newspapers as of mid-April in order to inform the owner that his property will be sold as a default of non-payment of taxes and the MRC also sends a final and registered notice to each owner who has not yet acquitted the payment due.
- The owner of an immovable up for sale for non-payment of taxes has the right to withdraw his property from the sale until the morning of the auction by paying, in cash or by certified check, ALL taxes and fees incurred by the proceeding.
- The MRC proceeds with the sale for non-payment of taxes on the 2nd Thursday of June to the highest bidder, which shall pay in FULL PAYMENT, made either in:
- Certified check labeled to the MRC Brome-Missisquoi;
- An authorization duly given by the bidder’s financial institution confirming the available funds, along with a personal check;
- Please note that taxes are applicable on vacant lots in accordance with the law.
If the buyer cannot pay the FULL amount due, the immovable is relisted immediately.
Upon the full payment, the buyer receives a certificate of adjudication. The buyer is thereupon seized of the property and may take possession, subject however to a withdrawal which can be made by the owner of the sold immovable within one year of the sale.
Following the distribution of the sale proceeds to all creditors (such as the municipality, school board, MRC, prothonotary…), all surplus of money shall be return to the owner of the sold immovable.
- The owner of the sold immovable can use his right of withdrawal within one year of the sale to repossess his sold property. The right of withdrawal is done on payment of the amount of the purchase of such immovable with 10% interest. Final Adjudication: If the owner of the sold immovable did not exercise his right of withdrawal on the anniversary date of the one year period of the sale, the buyer can obtain a final sales contract produced by the notary of his choice, at his cost. The title which conveys the ownership of the immovable awarded grants to the buyer all rights of the original owner, and purges the immovable from all privileged and mortgages.
Special provisions describe below as to whether one wants to become the buyer of an immovable in the context of the sale for non-payment of taxes:
- Starting price at the auction: There is no legal rule regarding the starting price of an immovable at the auction. However, the representative from local municipality strive to make the first bid to protect municipal and school claims, as well as all related fees;
- Maintenance of the building: the buyer becomes liable in the same degree as the former owner, which means that the buyer can collect rent where applicable, pay municipal and school taxes and the buyer must maintain and ensure ownership of the immovable. However, during the one year period following the adjudication of the immovable, the buyer cannot remove timber nor buildings erected on the property (the immovable shall remain as is for the one year period).
For more information :
Mrs. Johanne Alix, 450-266-4900 ext. 229 or at email@example.com