As a current, former, or prospective Florida property owner it is important for you to know of all the different types of foreclosure sales that can be conducted on your Florida property by a lienholder. However, today we will be discussing what is known as a Florida tax deed foreclosure sale.
In Florida, a Florida property can be sold via a tax deed foreclosure sale after two years have passed since a tax certificate has been issued to, or purchased by, a certificate holder. A tax certificate in layman’s terms is a lien that is placed on the subject property for unpaid property taxes, according to Fla. Statute 197.432, however, it is not considered a lien until it is purchased by a third-party also known as the certificate holder Once the tax certificate is sold to a certificate holder, the legal titleholder of the Florida property has “two years from April 1 of the year of issuance of the tax certificate and before the cancellation of the certificate” (see Fla. Statute 197.502(1)) to payoff said tax certificate before the certificate holder is able to apply for a tax deed (foreclosure sale). Should the subject property go to a tax deed foreclosure sale, then this is the part where the attorney comes into play.
When a Florida property is sold at a Florida tax deed foreclosure sale there is a chance that there may be what is known as surplus funds left over after said sale. Tax deed foreclosure surplus funds are the funds that are remaining (and that have not been distributed) after the tax deed foreclosure sale of a Florida property, and that have been retained by the clerk of court for the benefit of the legal titleholder of the subject property, per Fla. Statute 197.502(2).
For example: If there is a tax certificate, or lien, for a Florida property in the amount of $5,000 and the subject property is sold at a Florida tax deed foreclosure sale for $80,000, then there will be a surplus in the amount of $75,000! Furthermore, should there not be any additional governmental liens, or encumbrances, on the subject property then the entirety of the $75,000 will be retained by the clerk of court for the benefit of the legal titleholder of the subject property.
When it comes to filing a homeowner’s claim for Florida tax deed foreclosure surplus funds, I strongly advise speaking with an experienced Florida foreclosure surplus funds recovery attorney as the claim filing process is not always so simple nor is it always clear whether there are surplus funds available to be claimed. If you are a former Florida homeowner looking to recover surplus funds after the recent tax deed foreclosure sale of your Florida property, then please give me a call and I will personally give you a free consultation. During our consultation, I will confirm whether there are surplus funds available to be recovered as well as answer any questions that you may have. If there are surplus funds available to be recovered, then I will also provide you with a personalized strategy as to how we can assist you with the recovery of YOUR surplus funds.
At Haynes Law Group, P.A., we have experienced attorneys who are well-versed in the Florida statutes governing former Florida homeowners’ claims to Florida tax deed foreclosure surplus funds and have helped to recover hundreds of thousands of dollars for former Florida homeowners. We represent former homeowners all over the state of Florida no matter which county they are in and will work tirelessly to ensure that you receive the Gold Standard of Legal Service.