Tax Deeds
What is a Tax Deed sale?
A tax deed sale is a public auction where real estate is sold to recover delinquent property taxes.
(This is governed by Chapter 197 of the Florida Statutes, and Administrative Code 12D-13.060, Florida
Department of Revenue.)
What liens or encumbrances survive against a property after it is sold at a Tax deed sale?
Governmental liens and judgments survive the issuance of a tax deed and are satisfied to the fullest
extent possible with any overbid monies from the sale. Governmental liens, not satisfied in full,
survive the issuance of a tax deed and will remain against the property. Records can be researched by
visiting charlotteclerk.com
Can the property owners stop the property from being sold for taxes?
The property owner or mortgage holder can redeem the property from the Tax Deed Sale by paying the
amounts owed to the Tax Collector and the Clerk of the Circuit Court. The total redemption is
collected in the office of the Tax Collector. (Many of the properties advertised for the sale
will be redeemed and will not be auctioned.)
Do I get a clear title with a Tax Deed?
All properties sold at a Tax Deed Sale qualify under “buyer beware”. The purchase of a Tax Deed Sale does
not warrant or guarantee clear and marketable title. Note: Most title 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 Sale.
What are some of the things I need to know before the sale?
In order to participate in the bidding process, register at www.charlotte.realforeclose.com before the
sale. You are also required to have $200.00 or 5% of the winning bid whichever is greater on deposit
with RealAuction for each tax deed where you are the highest bidder. It is highly recommended that
you research the properties prior to the sale day in order to understand what you are purchasing at
the sale. (You should research for liens, zoning, restrictions, etc.)
If I am a successful bidder at a Tax Deed auction, am I entitled to immediate possession after the a Tax Deed has been issued?
Section 197.542, F.S. states: "Any person, firm, corporation, or county that is the grantee of any
Tax Deed under this law shall be entitled to the immediate possession of the lands described in the Deed.
If demand for possession is refused, the purchaser may apply to the Circuit Court for a Writ of
Assistance upon five days’ notice directed to the person refusing to deliver possession.
Upon service of the responsive pleadings, if any, the matter shall proceed as in chancery cases.
If the court finds for the applicant, an order shall be issued by the court directing the Sheriff
to put the grantee in possession of the lands."
How do I get a refund for unused funds in my account.
To receive a refund you must request the refund from www.charlotte.realforclose.com.
How can I make a deposit to my account with RealAuction?
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Bring a cashier's check or money order to the Clerk's office at 350 E.Marion Avenue, Punta Gorda Florida 33950 .
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ACH from your bank account to your account with RealAuction this process usually takes 4-5 business days.
