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  • Profile photo of RobertmooreRobertmoore
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    @robertmoore
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    Post Count: 5
    February 20, 2003 - 6:43 am

    This one is for Steve McK.
    Does Aust have this type of encumbrance on a property and where would I start to look for these properties in WA

    Many thanks
    Bob

    Profile photo of Steve McKnightSteve McKnight
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    @stevemcknight
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    February 20, 2003 - 9:37 am

    Hi Bob,

    Thanks for your post.

    You ask:

    quote:

    Does Aust have this type of encumbrance on a property and where would I start to look for these properties in WA

    No, tax liens do not exist as such in Australia. The circumstance giving rise to the lien (ie: default on paying rates etc.) certainly does happen from time to tim, but the recovery process is different.

    For example, most councils recover rates by getting the sheriff to take other take other property and if worst comes to worse then it is usually sold at auction.

    I have not heard or seen of a position where you can pay out the debt and take a claim to the property.

    One avenue you may like to follow though to get a ‘heads up’ on foreclosure property is to ring up your Sheriff’s office and ask them how they advertise ceased property auctions.

    In Vic. it is in the Saturday Age. I’m not sure what the protocol for WA is.

    Be sure you understand the process thoroughly though b4 buying anything. In Vic. you buy the property with the attached debt and the first thing you have to do is pay it out.

    Good luck,

    Steve McKnight

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    Profile photo of RobertmooreRobertmoore
    Member
    @robertmoore
    Join Date: 2002
    Post Count: 5
    February 21, 2003 - 3:36 am

    Thanks Steve.

    I understand the process thro the Local Government Act in WA regarding properties of non payment of rates. Councils are not too keen on allowing info of non payments of rates to be on a data base for all and sundry.
    Certainly by looking thro the local paper for auctions is one way, however there must be another way to find out. That is for me to work out. Once again thanks for the info regarding liens. I do know the Certificate of Title has encumbrances of wharehousemans lien on a property.I have seen them on C/T when I working in that area and the privacy act didn’t allow me to use this info evolved from my work. A Gov employee, a big NO NO
    Bob M

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