Foreclosure sales and Tax Deed sales possess procedural similarities, but vary among states depending on whether they are a judicial state or not. In Florida, the statutes that protect a tax deed purchaser make for a more secure investment than the risky and sensitive foreclosure sale process in Florida.
With a foreclosure sale, an interested party can challenge the sale on any procedural ground, and sales are often reversed. The investor must carry out thorough investigation of the foreclosure sale process to make sure all procedures were followed in strict compliance, which can quickly get expensive. If just one mistake was made, the sale poses high risk of being undone. In addition, a title policy will be denied on a property if every interested party was not personally served notice. If a party cannot be found to serve by hand, and instead notice is published to extinguish interest, that property will not qualify for a title policy. In addition, as if it couldn’t get any more risky, a purchaser of a foreclosure is jointly and severally responsible as the previous owner for all unpaid Homeowner or Condo association assessments up to the transfer of title.
Tax deed purchasers, on the contrary, can rest easy knowing that Florida statutes are on their side. In a previous blog post, we discussed the statutes that protect a tax deed purchaser from owing any money to the HOA or condo associations for assessments made prior the tax deed sale. As long as each party receives notice, their interest is wiped out by the issuance of the tax deed. If an interested party were to contest the sale, it would have to be worth them potentially losing substantial amounts of money. If successfully overturned, not only will the contesting party have to pay the full amount the bidder paid at auction, plus interest, but all bidder’s attorney fees, as well as any improvements that have been made to the property since the sale.
A quiet title action will extinguish any redemption rights, but the length of time involved to complete a quiet title is not a practical option for regular investors who want to turn around their profits quickly. A second, much faster alternative to quiet title is the tax deed certification service that Cleartosell provides. If we find that the tax sale was executed properly, according to Florida statutes, then we will certify that an investor can proceed to closing with a policy and convey the property via a warranty deed. With our average certification turnaround time currently at 17 business days, investors no longer have to wait months to sell a tax deed property at full fair market value. You will see there are great advantages to investing in Florida tax deeds over foreclosures due to the safeguards the Florida statutes provide to the tax deed investor.
If you would like to speak with our experienced real estate attorneys about your tax deed investments, Click here to schedule an appointment for a complimentary attorney consult.
Cassandra November 4, 2015