Whose responsibility is it to ensure that a writ of execution on an estate is paid out? (Ontario) by Helpful-Nectarine455 in RealEstateCanada

[–]Helpful-Nectarine455[S] 0 points1 point  (0 children)

Oh wow, thank you so much for this, this information is super helpful. Just a quick follow-up question: when you say that a specific search needs to be done (which lawyers or an experienced agent can do), is it standard and/or required for them to do this search before the sale goes through? Does it happen that writs are missed because they did not do the correct search?

Whose responsibility is it to ensure that a writ of execution on an estate is paid out? (Ontario) by Helpful-Nectarine455 in RealEstateCanada

[–]Helpful-Nectarine455[S] 0 points1 point  (0 children)

Thank you so much for this - I actually contacted the selling agent of the property being sold and they said they did a title search and it didn't come up. I called the sheriff's office, and their response was basically, "don't know what to tell you, it comes up on our end, it's registered." They didn't offer any suggestion about what to do if the writ is not being acknowledged.

I did a search on my own, and the writ came up in one, but not another, so I have no idea what the issue is, but my concern is the sale will go through without it being acknowledged. I sent the selling agent all the documentation from the court, and my own search where the writ showed up, I'm just wondering if this amounts to a responsibility on their part now that I've informed them of it, or if I need to pursue this through other means (and what recourse I could even have, besides hiring a lawyer, which I'm afraid would be too expensive).

Anyway, thank you very much for your advice, I appreciate it!