HELP in Florida! - Posted by Ben in Ohio

Real Estate Investing
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Posted by charlotte callejo on April 15, 2002 at 19:18:31:

hEY,
I found you respnse in archives. Do you know if you can get the info on who owns the certiifcate( (tax) in the state of FLA? I was wondering if I could buy the title from someone after they “quiet titile it”?
Charlotte

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HELP in Florida! - Posted by Ben in Ohio

Posted by Ben in Ohio on April 08, 2000 at 07:02:33:

On my recent visit to FLorida I found a partially built new SFH, under roof, CBS structure. This house was in the same state last year in November when I visited. A quick search in the MLS revealed the property owners from Maryland. My Realtor called them and he found out the owners had quit paying taxes on the property years ago and had assumed it was no longer their property.

My Realtor thinks it may be a tax sale scenario. He suggested that perhaps the builder (who is out of business)had purchased the lot at the annual tax sale. He is under the impression that a tax sale is not complete for a year or so, i.e., the original owner has time to get the taxes paid after the sale. If so, the builder would not be able to pass title upon completion, and thus may have abandonded the project.

Any FLoridians out there care to comment?

Thanks

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Re: HELP in Florida! - Posted by Rob FL

Posted by Rob FL on April 08, 2000 at 19:01:15:

Most likely it has not gone to tax deed sale. Delinquent tax certificates cannot be foreclosed for at least 2 years and can be outstanding for up to 7 years. Once it gets foreclosed, the prior owner has 4 years to challenge the sale. Tell me what county and I will send you more info on searching the title to the property.

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Re: HELP in Florida! - Posted by Walt_FL

Posted by Walt_FL on April 08, 2000 at 16:59:16:

Hi Ben,

I am not an expert, however, after a Tax DEED SALE you are entitled to possession. Quite often if the owners were not properly notified or for other reasons a “Quiet Title” action/suit is brought in Circuit Court. It is a good idea anyways so that you can deliver a Warranty Title or good title to any future purchasers and the Title will be “Quieted”. Any Municipal or County Liens would survive the sale and still attach, there should be a Tax Certificate year & # (ie 95-####) that would be the Foreclosure file #, that has a title search in it as well as other pertinent info. There should be a separate department that handles the Tax Deed Sales. Hope this helps… What County are we talking about? (I am in Pinellas)

Walt_FL

Ps I have seen in Flood prone areas that any new construction or A certain % rebuild must be built to NEW Local Codes (Elevated) and decent CB houses had to be leveled to vacant lots.

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Re: HELP in Florida! - Posted by ChrisFL

Posted by ChrisFL on April 09, 2000 at 19:16:29:

Rob, I was a little curious about the 4 years to challenge. I looked into this a couple of years ago, and found no reference to this in the statutes. Where did you find this information?

ChrisFL

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Re: HELP in Florida! - Posted by Ben in Ohio

Posted by Ben in Ohio on April 10, 2000 at 08:14:24:

Walt-- When did the NEW Codes go in effect? Are you refering to State COdes? WHat do you mean by “decent CB houses had to be leveled to vacant lots?”

Thanks, Ben

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Re: HELP in Florida! - Posted by Rob FL

Posted by Rob FL on April 09, 2000 at 19:55:24:

The Florida Statute Numbers are 95.191 and 95.192. For some good info on the whole subject go to:

http://www.schaffel.com/tnotes/

Click on Fund Title Notes, Title Notes table of contents, Taxation and Tax Titles, TN 30.01.02

Best wishes.

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Ahhh… - Posted by ChrisFL

Posted by ChrisFL on April 09, 2000 at 23:44:18:

I get where you’re coming from now. One of the things I was told by a clerk in the recorders office was “you have to do a quiet title suit or you can’t get title insurance.” I just marked that down as one of the steps to follow in every case.

Thanks for the quick response.
ChrisFL