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CLAIMING TAX SALE OVERBIDS OWED TO THE ESTATE
(NOTE: This is a simplfied explanation. If you own Florida property or are an heir to a Florida property with delinquent property taxes, you should consult with an attorney as soon as possible concerning your options.)
In Florida, when real property taxes go unpaid, counties are required by law to hold a public auction at which revenue is raised by offering tax lien certificates to bidders. Tax lien certificates must be held a minimum of two years before they can be redeemed. The tax lien certificate that is redeemed is then re-offered by the Clerk of Court's office at a tax deed sale. When this happens, for all intents and purposes, the ownership of the property passes to the highest bidder.
The amount the winning bid exceeds the back taxes (and other costs) may be, and often is, thousands of dollars in excess of the amount actually owed. This excess is called the "overbid" or "overbid proceeds." Under Florida law, (F.S. 197.582), overbid proceeds are to be paid to the previous property owner.
If you are an heir and receive notice that overbid proceeds are being held for claim by the estate, you will probably need to pursue a probate action in the county where the overbid proceeds are located. Once the probate action is completed, the county attorney will review your claim and authorize release of the funds by the Clerk of the Court's office.
If you have received a notice from a Florida County Clerk of the Court that tax sale overbid proceeds are being held for claim by an estate and would like to discuss your situation as well as our fees for your case, please e-mail us, inquiry@myfloridaprobate.com or call toll-free, 800-658-1518, or locally witihin Citrus County, at 726-5444, with the specifics to discuss your options in greater detail. This website utilizes Secure Sockets Layer technology (SSL Certificate) to ensure encryption of data transmission. |
