Liens On Property After Tax Sale In Florida

I was reading on a Florida legal site that all liens fall off the property once a tax deed has been issued. In the question from the county and the answer by the attorney general it says that from the monies in excess of the taxes owed the primary (read government) liens are paid followed by secondary liens. It also says that if the liens are not listed the lien holder has 90 days to prove the lien otherwise the excess funds go to the county.
I saw it here -
if someone savvier in the law can comment on this as I am sure I saw something that said government liens do not fall off.

Comments(3)

  • mrmark12th June, 2004

    Hi,
    If your not aware, Fla. is what's called a "2nd sale" state in regard to tax liens.
    What that means to the holder of the tax lien is this- there's a 2nd sale before
    after after filing to obtain the possession of the deed. After the 2nd sale, if no takers at the sale then you can obtain deed free of liens. This is rather rare these days w/ most of the fla. market, but it does occur , thou not in the sarasota -pt. charlotte cty areas.
    in the :-(

  • linny212th June, 2004

    I did not understand that response.

    I know here in Florida the person holding the tax certificate fills out a form to send the property to sale and pays off all others certificates. After all the notices the property goes to sale, if no bidders it goes to the holder of the tax certificate.

  • GeneralSnafu2nd July, 2004

    Quote:
    On 2004-06-12 22:47, linny2 wrote:
    I did not understand that response.

    I know here in Florida the person holding the tax certificate fills out a form to send the property to sale and pays off all others certificates. After all the notices the property goes to sale, if no bidders it goes to the holder of the tax certificate.




    Don't try to understand the previous post. The information is incorrect. You are on the right track. (IN FLORIDA)The minimum bid at the sale will only include the county property taxes that are owed unless it is homesteaded property. If it is, 50% of the taxed value will be added to the minimum bid.

    ALL governmental liens survive the sale if the sale does not generate enough to pay them off. If the proceeds are sufficient to pay off all liens, the overage belongs to the property owner.

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