Florida Tax Deed Foreclosure Sale Surplus Funds: Which Liens Survive a Florida Tax Deed Foreclosure Sale

Haynes Law Group

What Is a Tax Deed Foreclosure Sale in Florida?

A Florida Tax Deed Foreclosure Sale occurs when a Florida Homeowner becomes delinquent on their property taxes and the County, in which the taxes are due, sell’s said property’s tax certificate, or tax deed, to a third-Party who is commonly known as the “Certificate Holder”.

When this occurs, the property owner(s) is/are now obligated to re-pay the Certificate Holder within 2 years of the Certificate Holder’s payment of the delinquent property taxes. In the event that the Florida Homeowner does not repay the Certificate Holder within the allotted timeframe, then the subject property will go to Foreclosure Auction. Thus, a Florida Tax Deed Foreclosure Sale.

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Moreover, if a Florida Homeowner’s property goes to a Tax Deed Foreclosure Sale due to their non-payment of the delinquent taxes one can assume that there may be other “Liens” associated with the subject property.

What Is a Lien on a Property?

Liens can be defined as an individual’s or entity’s right to claim one’s property as collateral for any unpaid debt that is owed to them whether it be a mortgage or services that have been rendered.

Liens are usually filed, or recorded, by the individual or entity that the debt is owed to with the Clerk of Court, in which, the subject property is located in. Liens are usually labeled under the ‘guise of a “Lis Pendens”.

Examples of liens that may be tied to a specific property are:

  • Mortgage Liens
  • Construction Liens
  • Restitution Liens
  • Homeowners’ Association Liens etc.

It is important to note, however, that if a Florida property is sold through a Tax Deed Foreclosure Auction and the liens against said property have not already been recorded with the Clerk of Court prior to said sale, or unless said liens are governmental liens, then the liens will be extinguished.

Governmental Lien Examples

An example of a governmental lien is what we have been discussing throughout this very blog: Delinquent Property Taxes. Furthermore, there are also certain liens that are extinguished completely even if they are recorded.

An example of these types of liens is those that are filed/recorded by a Florida Homeowners’ Association against a Florida property.

How The Haynes Law Group Can Help

As a Florida tax deed foreclosure surplus funds recovery attorney, it is critical for me to know and understand which types of liens survive and do not survive a Florida Tax Deed Foreclosure Sale as this will determine how much a former Florida Homeowner will receive in their claim for surplus funds. For more information regarding Florida Tax Deed Foreclosure Surplus Funds please read this blog.

Additionally, if you are a former Florida Homeowner and want to know if there are any surplus funds available to you, after the Tax Deed Foreclosure Sale of your home, please give me a call and I will personally give you a free consultation.

During our consultation, I will confirm whether or not there are surplus funds available to be claimed and what the surplus funds claim filing process will be like for your specific case. Not all Florida Tax Deed Surplus Funds cases are the same, they each require careful attention to detail to ensure that the former Homeowner receives the maximum amount of surplus funds to which they have a right to claim.

At Haynes Law Group, 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 claim hundreds of thousands of dollars for former Florida Homeowners.

We represent former Homeowners all over the state of Florida, no matter what county they are in, and will work tirelessly to ensure that you receive the Gold Standard of Legal Service. Give us a call or contact us online to get started on your free consultation today!

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