24 hours / 7 days a week

ORLANDO: 407-245-7723

TAMPA: 813-251-2701

How To Avoid Losing Your Property In a Tax Deed Sale

bigstock-Answers-2453516

INVESTORS BEWARE: HOW TO AVOID LOSING YOUR PROPERTY IN A TAX DEED SALE

Many landowners who purchased real property during the years when real estate was the investment of choice are failing to pay the real estate taxes on those properties and are losing them at tax deed sales. Investors may forget about the payment of taxes on these properties and may not receive notice of tax deed sales. This is because notices of past due taxes are often sent to the property address. The property may be vacant land or may be occupied by tenants who do not forward these notices to the owners. Unless the owner provides the real property taxing authorities with an address where the owner is likely to actually receive notice, there is a good possibility the owner ay never know that property taxes are due.

Similarly, notices that the property will be sold at a tax deed sale often are sent to the property address and are not received by the property owner. If a property is sold under these circumstances, it is difficult for a landowner to void the sale. The county selling the property has an obligation to use reasonable efforts to try to locate the landowner to provide notice of the sale; it is not required to take extraordinary measures to try to locate the property owner.

The law regarding tax deed sales has been undergoing a transformation over the past several years. In November 2006, the Florida Supreme Court decided the Rosado Case, a case argued by Sherri DeWitt of the DeWitt law Firm. Vosilla v. Rosado, 944 So. 2d 289 (Fla. 2006). In Rosado, the Florida Supreme Court references a case which had been recently decided by the United States Supreme Court, Jones v Flowers, 126 S. Ct. 1708 (2006). Together, these cases form the framework for analyzing a property owner’s right to notice of a tax deed sale.

One thing is clear as a result of the cases in this area: To avoid losing property at a tax deed sale all property owners should notify the taxing authorities of the address where notices should be sent. This notice should be sent both regular and certified mail and should state that it is being sent both ways. The property owner should keep a copy of the letter and keep a copy of the signed return receipt. Where the property owner has proof of providing such notice, and the taxing authorities fail to send notice to the proper address, the owner has been successful in setting aside the sale of the property. Thus, all investors should make sure that they provide the taxing authorities with an address where they are likely to receive all notices that are sent and should keep proof of proving that address.

Share This Article:

    DeWitt Law Legal Resources

    Family at Sunset vector illustration Am I Legally Married, What Are The Consequences If I Am Not?

    There are many factors that determine whether a couple is legally married. To protect the privacy of the client, some of the facts in the account below may not coincide with the facts of the actual case, but they serve to illustrate the legal principles and arguments involved.

    Share This Article:
      bigstock-Gavel-With-Book-84805454 Harmless Errors on Appeal: No Reasonable Possibility Test

      In November 2014, the Florida Supreme Court clarified the standard for determining whether an error committed at the trial court level in a civil case constitutes a harmless error. This is important because harmless errors do not result in a reversal of a trial court or jury decision. Only harmful errors can result in a reversal.

      Share This Article:
        divorce1-150x150 The Divorce Process: Important Steps to Know when Filing

        Once the divorce petition is filed with the court, it must be served on opposing counsel. The party filing for divorce should be aware that many attorneys now monitor the new filings with the court and may send your spouse a solicitation letter prior to him or her being served.

        Share This Article:

          Videos

          Offices

          Orlando Office:

          Phone: 407-245-7723

          37 N. Orange Avenue, Suite 840
          Orlando, FL 32801

          Tampa Office:

          Phone: 813-251-2701

          607 West Bay Street
          Tampa, FL 33606