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Tenders
forms are usually obtained from the municipal office holding the sale.
The
municipality must always specify the minimum tender required, this
being the amount of back taxes due and expenses incurred.
If
one wishes to submit a tender, it must be accompanied by a deposit
of at least 20 per cent of the tender amount. Because this 20 per
cent is your deposit, it should be made by way of money order, bank
draft, or cheque certified by a bank or trust company.
The
tender, along with the required form, is to be submitted in a sealed
envelope on the outside of which is indicated "Tax Sale for
" (give a short description or municipal address of the property
sufficient to permit the treasurer to identify the parcel of land
to which the tender relates). Insert your sealed tender into a second
envelope and address it to the treasurer.
A tender
can relate to only one parcel of land. Separate tenders are required
if you wish to bid on more than one property.
On
receiving an envelope identified as containing a tender, the treasurer
will mark on it the time and date of its receipt and will retain
it unopened in a safe place.
When
two or more tenders are for equal amounts, (if this should occur)
the tender that was received earlier will be deemed to be higher.
A tender
is withdrawn if the tenderer's written request to have the tender
withdrawn is received by the treasurer before 3 p.m. local time
on the last date for receiving tenders.
The
treasurer, at a place in the municipality that is open to the public,
will open the sealed envelopes containing the tenders as soon as
possible after 3 p.m. local time on the last date for receiving
tenders.
The
sealed envelopes will be opened in the presence of at least one
person who did not submit a tender, which person may be a municipal
employee.
After
opening the sealed envelopes, the treasurer will examine their contents
and reject every tender that
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is not equal to or greater than the minimum tender amount as shown
in the advertisement
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does not have at least a 20 per cent deposit of the tender amount
in the form of a money order, bank draft, or certified cheque
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does not come in a sealed envelope with the required information
on it
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includes any term or provision not provided for in these rules
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has been withdrawn
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Afterwards, the treasurer will reject all but the two highest
of the remaining tenders.
Every
rejected tender will be returned to the tenderer with the deposit,
if any, and a statement giving the reason for rejection.
If
there is no tender or successful tenderer, the property in question becomes a possession
of the municipality.
If
there are two tenders remaining for a piece of property, the treasurer
will notify the higher tenderer by ordinary mail sent to the address
showing in the tender, that he/she will be declared to be the successful
purchaser if, within fourteen calendar days of the mailing of notice,
the balance of the amount tendered, the applicable land transfer
tax, and the accumulated taxes are paid, in cash, to the treasurer.
If
the higher tenderer makes the payment, the treasurer will declare
the tenderer to be the successful purchaser.
If
the higher tenderer does not make the payment, the tenderer's deposit
will be forfeited forthwith to the municipality and the treasurer
will offer the parcel to the second highest tenderer.
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