How do I satisfy a lien held by a disolved corporation? - Posted by MM (FL)

Posted by MM(FL) on May 24, 2000 at 11:24:53:

“soapymac”,
Thanks for your response and sorry for the delay in answering your questions.

I would prefer to purchase this property before foreclosure. Especially since I have spoken to the owner, they are in my home town, and they do not plan to contest the foreclosure or pay the required payoff. I do not want to let this go to auction and introduce the same competition that attends the tax deed sales for this area. I have asked the County Legal Dept. what title I would get if I purchase at the auction and they said “ask an attorney”! I suspect it is similar to the clouded title of properties purchased at tax deed sale. I have done Suit to Quiet Titles before and it can take up to 6 months and $1,000 if all goes well.

I have a buyer lined up and need clear title with about 90 days.

I’ll take your advice to call an attorney.

Thanks,
MM(FL)

How do I satisfy a lien held by a disolved corporation? - Posted by MM (FL)

Posted by MM (FL) on May 18, 2000 at 13:29:21:

I would like to aqcuire a vacant parcel that is to be foreclosed by the local government in 3 weeks.
The title search done by the county identified a lien by a disolved corporation.
I contacted the county land records office to have this verified. It appears valid.
There is no answer on the phone number provided.

I would like to negotiate a reduced payoff for this lien but even if I wanted to make satisfaction, how would I get a release of this lien? Any suggestions?

What about contacting the State Department of Commerce to obtain the principles of the corporation?

Should I expect to have to quiet the title?

Even if I had an additional title search done, it still doesn’t solve the problem of satisfying the lien.

Please help!!!

MM(FL)

How do I satisfy a lien held by a dissolved corporation? - Posted by Walt_FL

Posted by Walt_FL on May 19, 2000 at 17:58:17:

MM,

My .02 is Find principals if you want to at sunbiz.org to check out Florida Corporations. Usually Mortgage Foreclosure wipes liens, w/ IRS having 120 day right of redemption. Also in Florida I believe a Certified Copy of judgement had to be recorded to make it a valid lien. If it was a judgement before 7/1/87 then it is good for 20 years, After that it must be properly Renewed at 7 years w/ 2 renewals allowed. If it is a Tax DEED sale watch out for municipal and county code enforcement liens and Special assessments as they stay attached (Lawn mowing, Lot clearing, Demolitions[Esp.], utility, Etc.)

The type lien you speak of would PROBABLY be wiped out by a Tax DEED sale, as would Mortgages. Is it a Tax Deed sale? Where are you at in Fl?

I can’t figure a dissolved corporation collecting, a title co should be able to tell you what would be required for them to insure title. Whats your plans with a lot? Even if lien is valid does not mean it has to be paid by you immediately anyway… or something like that… ;0) Good Luck

Walt_FL

Re: How do I satisfy a lien held by a disolved corporation? - Posted by soapymac

Posted by soapymac on May 18, 2000 at 14:08:44:

MM,

What sort of title would the county be giving you, should you be the winner at the auction? Is this a tax title or tax certificate situation?

Depending on whether or not you would in the end receive a title, the lein held by the dissolved corporation may be a moot point.

The taking of property for non-payment of taxes MAY include the right of redemption by the previous owner. If the previous owner can’t be located, how do the laws work with regard to tax titles/certificates in FL?

An attorney with real estate background who offers a “no fee” first consultation priviledge may be the way to go here. Definitely get an attorney, though.

Cordially,

Roy MacLean
"soapymac"

Re: How do I satisfy a lien held by a disolved corporation? - Posted by eric

Posted by eric on May 18, 2000 at 13:50:12:

da**, good question. If the local government is foreclosing, wouldn’t this then be their problem? I.E., if you buy it in a foreclosure auction, it is the govt. responsibility to provide you with title. If you are trying to buy it before the auction, you may be able to put up a deposit with the clerk’s office in the amount of lien in order to provide conveyance. Then, after taking title, you could contest the lien, which would give them x amount of time to respond, or lose the lien. Check the laws on this in your state - believe it or not, I know of these options merely from reading the Florida statutes. If in doubt, consult an attorney.

Re: How do I satisfy a lien held by a dissolved corporation? - Posted by MM(FL)

Posted by MM(FL) on May 24, 2000 at 11:08:43:

Walt_FL,
Thanks for your response.
This is not a tax deed sale. It is a foreclosure by the Public Works Dept. of Brevard County. It is for failure to pay a water line assessment.

The title search made by the County identified the lien. I have contacted the owner and would like to acquire this property pre-foreclosure. The owner is somewhat vague but feels they have made all payments. I am hoping that it has been satisfied but expecting it to be valid. I have a buyer ready to make an offer so I have to know for sure that I can get clear title within about 90 days.

Thanks again for your post.
I believe its time to get my attorney involved with this one.

MM(FL)