Delinquent Tax Office
Frequently Asked Questions
What is a Tax Deed
sale?
A tax deed sale is a public auction where property is sold to recover delinquent
property taxes. This is mandated by Chapter 197, Florida Statutes ( www.leg.state.fl.us/statutes )
and Florida Administrative Code 12D-13.060, Florida Department of Revenue
( www.fac.dos.state.fl.us/faconline ).
Where can information
about upcoming sales be obtained?
Our tax deed sales are advertised in the Cape Coral Daily Breeze,
or our office on the 2nd floor of the Lee County Administration Building,
2115 Second Street, Fort Myers, Florida. You can also acquire a copy of our
sales list from this web site.
How often do you
advertise sales?
Since we are required to advertise for four consecutive weeks, we usually
run advertisements every week. We usually advertise on Mondays, Wednesdays
and Thursdays, though we may advertise on other days if necessary.
What is the date/time
of the next Tax Lien/Deed Sale?
We have a tax deed sale almost every Friday at 8:30 a.m. The sale is located
on the second floor County Commissioners Cambers of the Old Courthouse located
at 2120 Main Street, Fort Myers, Florida 33901.
Where and when will
that Auction/Sale be advertised?
According to Chapter 197 Florida Statute, we must advertise in a local newspaper
for at least four consecutive weeks prior to the date of the sale. We advertise
in the Cape Coral Daily Breeze.
What liens survive
against a property after it is sold at tax deed sale?
Governmental liens will follow after the sale although if there are any overbid
monies from the sales they will be applied toward the recorded governmental
liens where possible.
How many years delinquent
must taxes be before going to auction?
Taxes can be anywhere from two (2) to seven (7) years delinquent, according
Chapter 197.502, Florida Statutes.
Who can pay Delinquent
taxes?
Anyone can pay delinquent taxes. It does not have to be the property owner
or the mortgage holder. If you pay the back taxes the name on the deed does
not change.
If I am the successful
bidder at the sale, what do I do next?
After the high bid is accepted by the deputy clerk calling the sale, the
high bidder must step forward at the auction to place a $200.00 cash deposit
with the deputy clerk. If you cannot meet the cash deposit requirement, the
property is immediately re-bid. The deposit is nonrefundable and is applied
to the sale price at the time the bidder makes full payment.
The remaining balance of the bid is due to the Clerk’s Office by 4:00 p.m. the day of the sale. If the successful bidder does not return within 24 hours of the time the bid is placed with the remaining monies, the Clerk can refuse to recognize the bidder at any future Tax Deed sales. (Chapter 197.541 (1), F.S.)
Do I get a clear
title with a tax deed?
The purchase of a tax deed does not warrant or guarantee clear and marketable
title. All properties sold at tax deed sale are “BUYER BEWARE”.
We recommend you do all of your own research before purchasing a tax deed.
Our public files include an owner and encumbrance report but this is not
a guaranteed search.
Note: Most title insurance companies require the property to go through a quiet title lawsuit for the property to be able to have title insurance issued on property bought by tax deed.
If I am the successful
bidder at the tax deed sale, am I entitled to immediate possession of
the property after the deed has been issued to me?
Chapter 197.562 Florida Statute states: "Any person, firm, corporation
or county that is the grantee of any tax deed under this shall be entitled
to the immediate possession of the lands described in the deed."
How is opening bid
for a tax deed determined?
If the property is not homestead property, the amount of the opening bid
equals the total of unpaid taxes and interest plus the Tax Collectors administration
fees and the Clerk of Court fees.
If the property is assessed as homestead on the current years tax rolls half of the assessed value is added to the opening bid. All homestead money added to the opening bid by homestead becomes overbid monies and will be applied toward liens of record.
How long does it
take to receive a Tax Deed after the sale?
It can take our office approximately 24 hours to produce a recorded tax deed,
depending upon when the successful bidder returns to our office with the
remainder of the funds.
What is Lands Available?
Lands available are a list of properties that have gone to tax deed sale,
by Lee County as the Certificate holder, that there were no successful
bidders on. These properties are placed on this list for 3 years after
the date of sale. Any individual may request a payoff amount after 91
days from the date of sale. If no individual shows any interest in the
property after 3 years, the property will be escheated to the County.
Is it possible to
register by mail?
No registration is necessary. You must be present to bid.
What type of payment
is required?
Cash, certified or cashier’s checks. A $200.00 non-refundable CASH
deposit will be required at the time of the high bid. The remainder of the
money will be due by 4:00 p.m. the same day, which can be certified or cashier’s
check.
What type of bidding
process will be used?
Public outcry.
Will the sale be
final?
Yes, unless a redemption is received prior to the issuance of the tax deed.
Will all the liens
be cleared from the property as a result of the sale?
No, governmental liens follow with the property.
If a foreclosure
is necessary; will the county assist in this matter?
Not applicable, see Civil.
Will I receive a
document to verify the purchase?
Once the money is received in our office, a tax deed will be issued the same
day.
Will you allow purchase
via mail?
No, all the money needs to be in our office by 4:00 p.m. the day of the sale.
When will the list
of unsold property be available?
We always have a list of lands available. The list can be seen either in
our office or on this website.
Is a current list
of available property or liens attainable?
Yes, you can either come into our office and purchase a copy or you can look
on this website.
Is a copy of the
county and state statutes and rules regarding the tax sale available
for purchase?
We do not have copies of the Florida Statute for sale, you can look on the
internet for a current copy www.leg.state.fl.us/statutes.
Contact: General Clerk Information
This page was last modified on
09-Nov-2004 11:40 AM
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