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Frequently Asked Questions For Tax Deeds
Welcome to the questions and answers area.
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What is a tax deed sale?
A
tax deed sale
is a public auction where property is sold to the highest bidder in order to recover delinquent property taxes.
Who conducts the tax deed sale?
Sales are conducted as listed on the Clerk's website
http://www.manateeclerk.com
under - Sales - Tax Deeds - Upcoming Sales List in accordance with Florida Statue 197.103
Where is the tax deed sale held?
Tax deed sales are held on line at
www.manateeforeclose.com
and a calendar of scheduled sales is available at that website.
Are the tax deed sales advertised in a local newspaper?
Yes, the tax deed sales are advertised in the Manatee Herald-Tribune. The Clerk of Circuit Court is required by
Florida Statute 197.402
to advertise each sale once a week for four consecutive weeks prior to the public auction.
How can I find out if there are any liens or encumbrances on a property coming up for tax deed sale?
An ownership and encumbrance report is provided in the file maintained on each property to be sold at a tax deed sale. The files are available for the public to review on the Clerk's website -
http://www.manateeclerk.com
What liens or encumbrances survive against a property after it is sold at a tax deed sale?
Governmental liens & judgments survive the issuance of a tax deed and are satisfied to the fullest extent possible with any overbid monies from the sale. Governmental liens not satisfied in full survive the issuance of a tax deed.
How long does the property owner have to "redeem" the property?
The property owner has up until the issuance of the Tax deed to "redeem" the property, which is to pay to the Tax Collector all current and delinquent taxes and other costs associated with the tax deed sale. Payment must be made in full and payable to the Manatee County Tax Collector by cash or certified funds. The property owner may redeem the property up until the time the successful bidder renders payment and a tax deed is issued.
Does a tax deed sale provide a marketable title?
You may wish to research or seek legal advice on any property you are considering bidding for before the tax deed sale. Generally, when any lands are sold for the nonpayment of taxes, the title may not be a marketable title. If you are the successful bidder, you may need to file a quiet title suit to clear the title to the property. Quiet title suits are civil law suits and are not handled by the tax deed clerk. Information on this procedure and costs would be available from an attorney that handles these suits.
If I am the successful bidder at a tax deed sale, am I entitled to immediate possession of the property after a tax deed has been issued to me?
According to
Florida Statute 197.562
, the grantee of any tax deed shall be entitled to the immediate possession of the lands described in the deed.
How can I obtain the opening bid amount on a certain parcel?
The opening bid of each property to be sold is determined by adding together the sum of all the outstanding tax certificates, delinquent taxes paid, fees, costs of the sale and interest, all as specified in the Florida Statutes. The opening bid is usually determined approximately ten days to two weeks prior to the sale date. It is available on the Clerk's website
http://www.manateeclerk.com
or
http://www.manatee.realforeclose.com
If I am interested in bidding, do I need to "pre-register" or check in with the deputy clerk conducting the sale before I can bid?
If the sale is being held at the Judicial Center you do not need to "pre-register" or check in with the deputy clerk before the sale. After the sale, if you are the successful bidder, you will receive instructions from the deputy clerk.
If the sale is being held on line with Realforeclose.com you will need to read instructions for making deposits prior to the sale.
What action must I take if I am the successful bidder at the sale?
If the sale is held at the Judicial Center a $200.00 deposit must be paid at the end of each sale in the form of cash or certified check payable to the Clerk of Circuit Court. After all sales are completed you must report to the Recording Department of the Clerk's office immediately after the sale to receive information from the deputy clerk. You will be given the total payment due, which includes the bid amount, recording fees and documentary stamps. You will be asked to provide to the deputy clerk the name(s) in which you wish the tax deed to be issued. Your total payment must be made within 24 hours from the date and time of the sale. Payment must be in the form of cash, cashier's check or money order payable to the Clerk of Circuit Court. Remember, the property owner can redeem the property at the Tax Collector up until the time the successful bidder makes full payment and a tax deed is issued. Once the deputy clerk issues the tax deed, the property cannot be redeemed. If the sale is being held on
http://manatee.realforeclose.com
you will need to read the instructions for making deposits prior to the sale.
What if I am the successful bidder and fail to make a payment within 24 hours?
According to
Florida Statutes 197.542(1)
, the Clerk may refuse to recognize the bid of any person who has previously bid and refused, for any reason, to honor such bid. In other words, you would not be allowed to bid at any future tax deed sales in this county. The property would be re-advertised and offered for sale again at a later date.
What if I need additional information regarding a tax deed sale?
The
Property Appraiser's Office
can provide you with information on any structural improvements on the property. Additional information is provided on the Clerk's website
http://www.manateeclerk.com
. The laws governing tax deed sales can be found in
Chapter 197 of the Florida Statutes
. The rules of the
Florida Department of Revenue
regarding tax deed sales can be found in their administrative code beginning at 12D-13.060.
Where can I find information regarding the sale of "tax certificates"?
Tax certificate information can be obtained from
the Tax Collector's
office. The phone number for the Tax Collector is 941-741-4800.