Florida Real Estate Lawyers Blog

In Florida, as in many other states, properties that fall into arrears on delinquent taxes may eventually be sold at public auction by the county in which they are located.  The process by which this occurs, called a Tax Deed Sale, is detailed in Chapter 197 of the Florida Statutes and can be a little daunting to read through.  We here at ESQ.title have years of experience representing clients in Tax Deed Sales; the following is a short overview to help you get acquainted with the reasons for and processes of these unique real estate transactions.

First, as the name suggests, a Tax Deed Sale is performed to recoup unpaid taxes on real estate properties.  Properties cannot be sold until a number of prior requirements are met and deadlines passed at which time the holder of the Tax Lien Certificate against the property may file to force a public auction of that property.  This is what is referred to as a Tax Deed Sale.

A Tax Deed Sale extinguishes most liens against a property and prioritizes those held by municipalities and counties, which again stands to reason when you consider that the main motivation for a Tax Deed Sale is to pay delinquent taxes.  However, there is still some issue regarding which liens and debts against a property are still applicable after the sale.  As such it is of paramount importance that proper notice be given to the legal titleholder of record and all lienholders, including mortgage companies, and failure to comply with these notice requirements can result in the sale being voided.  Because there is often some questions as to the chain of ownership for Tax Deed Sale properties, purchasers commonly file Quiet Title Actions to permanently “quiet” – or eliminate – all claims to a property’s title.

Most people never hear of a Quiet Title action until they’re in the midst of one.  Here at ESQ.title one of our main focuses is Quiet Title actions.  Because we believe that an ounce of prevention is worth a pound of effort, the following is an overview of Quiet Title actions in the State of Florida.

What is a Quiet Title Action?

A Quiet Title action is a civil lawsuit brought in the circuit court to “quiet” any and all claims on a piece of real estate.  Essentially, Quiet Title actions are intended to establish an individual’s right to ownership of real property against one or more adverse claimants.  In other words, Quiet Title establishes who the true owner of a property is and resolves all issues, or “clouds” from the title.  These cases are filed in Circuit Civil court.

By: Alejandro E. Jordan, Esq.

Due Diligence Checklist for Commercial Real Estate Transactions in South Florida

Commercial real estate investments in south Florida can provide lucrative returns when they are selected and managed properly. Rather than just rushing into a transaction, an investor will be more likely to realize those returns if he follows a due diligence checklist on commercial real estate transactions in Miami and anywhere else in the State of Florida. The key items on that checklist are as follows:

• ACQUISITION DOCUMENTS

Both Purchaser and Seller must confirm that they are satisfied with the purchase contract and all ancillary documents, including corporate authorizations and approvals, escrow agreements, and disbursement instructions.

• TITLE AND ZONING

The transaction should not close until the Purchaser has reviewed the title policy and any applicable surveys, and has concluded that no exceptions will preclude him from acquiring a clean title to the commercial real estate.

Continue Reading ›