In Saulnier v. Bank of America, 187 So.3d 854 (Fla. 4th DCA 2015) the Court held that Florida Administrative Code Rule 12D-13.065 did not stand for having to file a claim within 90 days of the notice. Essentially, the Court found that “an administrative agency may not enlarge, modify, or contravene the provisions of a statute, and the ninety day requirement of the rule must be read as directory and not mandatory.”
That’s all changed.
As of July 1, 2018, Florida law now mandates that any lienholder MUST file a claim for the tax deed surplus funds within 120 days. This 120 day deadline starts on the date stated in the Clerk’s notice that is sent out to all interested parties.
While the law sf in effect currently, the deadline will only apply to any tax deed applications that have been filed on or after the October 1, 2018 deadline.
This law will further impact how many tax deed surplus cases go to court. Our firm use to file a declaratory judgment or initiate an interpleader action in order to get these funds disbursed much faster than the 2 year deadline from before. Now, the county will have much more authority to decide who gets what proceeds based upon this new law. Meaning, if a subordinate lien holder files on the 121st day, the Clerk will be able to deny their claim.
If you are a former homeowner that may be entitled to tax deed surplus funds, contact my firm today. We will give you a free consultation and will only get paid if we win and collect for you!
Whether you need a Miami tax deed surplus lawyer, Fort Lauderdale tax deed surplus lawyer, Palm Beach tax deed surplus lawyer, Tampa tax deed surplus lawyer, Clearwater beach tax deed surplus lawyer, Orlando tax deed surplus lawyer, Kissimmee tax deed surplus lawyer, Lake county tax deed surplus lawyer, Tavares tax deed surplus lawyer, North Miami tax deed surplus lawyer, Jacksonville tax deed surplus lawyer, Saint Augustine tax deed surplus lawyer, Sarasota tax deed surplus attorney, Fort Myers tax deed surplus lawyer, Destin tax deed surplus Lawyer, Indian hills tax deed surplus lawyer, Orlando foreclosure surplus funds lawyer, or a Volusia county tax deed surplus attorney, we will represent parties in any county in the state of Florida!