90-92 Redemption of tax certificates
Your question is basically. If a tax certificate is sold prior to June 1 and the property owner redeems the certificate prior to 30 days is the certificate holder entitled to the interest which has accrued on the unpaid taxes? In sum: In the event a tax certificate is redeemed, interest, penalties and costs owed by the property owner, s. 197.472, F.S., requires a minimum of five percent of the face amount of the tax certificate be paid by the person redeeming the certificate, with the proceeds received by the tax collector, less any service charges, paid to the owner of the tax certificate. Section 197.332, F.S., prescribes the duties of tax collectors and property owners relating to the collection and payment of taxes as follows: "The tax collector has the authority and obligation to collect all taxes as shown on the tax roll by the date of delinquency or to collect delinquent taxes by sale of tax certificates on real property and by seizure and sale of personal property. All owners of property shall be held to know that taxes are due and payable annually and are charged with the duty of ascertaining the amount of current or delinquent taxes and paying taxes before the date of delinquency." Taxes are due and payable on November 1 of each year or as soon thereafter as the certified tax roll is received by the tax collector.1 Generally, taxes become delinquent on April 1 following the year in which they are assessed.2 Upon becoming delinquent, the tax collector is authorized to collect the taxes by sale of tax certificates on real property and by seizure and sale of personal property.3 In order to sell tax certificates on or before June 1 or the 60th day after the date of delinquency for unpaid taxes, whichever is later, the tax collector is required to advertise once each week for 4 weeks and shall sell tax certificates on all real property with delinquent taxes. He or she shall make a list of such properties in the same order in which the lands were assessed, specifying the amount due on each parcel, including interest at the rate of 18% per year from the date of delinquency to the date of sale; the cost of advertising; and the expense of sale.4 Tax certificates are issued to "the person who will pay the taxes, interest, costs, and charges and will demand the lowest rate of interest, not in excess of the maximum rate of interest allowed by this chapter."5 While delinquent taxes on real property may be paid after the date of delinquency but prior to the sale of a tax certificate by paying all costs, advertising charges, and interest,6 once a tax certificate has been issued, redemption of the tax certificate is prescribed in s. 197.472, F.S. In pertinent part, s. 197.472, F.S., provides: "(1) Any person may redeem a tax certificate or purchase a county-held certificate at any time after the certificate is issued and before a tax deed is issued or the property is placed on the list of lands available for sale. The person redeeming or purchasing a tax certificate shall pay to the tax collector in the county where the land is situated the face amount of the certificate or the part thereof that the part or interest purchased or redeemed bears to the whole. Upon purchase or redemption being made, the person shall pay all taxes, interest, costs, charges, and omitted taxes, if any, as provided by law upon the part or parts of the certificate so purchased or redeemed. (2) When a tax certificate is redeemed and the interest earned on the tax certificate is less than 5 percent of the face amount of the certificate, a mandatory charge of 5 percent shall be levied upon the tax certificate. The person redeeming the tax certificate shall pay the interest rate due on the certificate or the 5 percent mandatory charge, whichever is greater. This subsection applies to all county-held tax certificates and all individual tax certificates except those with an interest rate bid of zero percent. * * * (6) When a tax certificate has been purchased or redeemed, the tax collector shall pay to the owner of the tax certificate the amount received by the tax collector less service charges."7 Thus, the amount paid to the tax collector by the certificate holder includes the interest which has accrued on the delinquent taxes as of the date of sale of the tax certificate. The person redeeming the tax certificate is required to pay the face amount of the certificate, i.e., all taxes, interest, costs, charges, and omitted taxes, plus a minimum charge of five percent of the face amount to the tax collector. The tax collector, in turn, is required to pay the owner of the tax certificate the amount received by the tax collector less service charges. The language and intent of s. 197.472, F.S., clearly requires a minimum charge of five percent of the tax certificate, in addition to the face amount of the certificate, to be paid to the tax collector by the person redeeming the certificate. Where a statute contains plain and simple language, that language must be given effect.8 Accordingly, a property owner seeking to pay his or her delinquent taxes once a tax certificate has been sold, must redeem the certificate by payment of its face amount and a minimum of five percent of the face amount as prescribed by s. 197.472, F.S., to compensate the owner of the tax certificate. For full AGO see: FULL URL TO AGO BELOW -----IGNORE----- In the event a tax document is used, attention, fees and fines and expenditures due by the homeowner, s. 197.472, F.S., needs at least five percent of the deal with quantity of the tax document be compensated by the individual redeeming the document, with the profits obtained by the tax enthusiast, less any assistance expenses, compensated to the proprietor of the tax document. It recommends the responsibilities of tax enthusiasts and homeowners about the collection and settlement of taxation as follows: "The tax enthusiast has the specialist and responsibility to gather all taxation as shown on the tax throw by the time frame of misbehavior or to gather behind taxation by buy of tax accreditation on property or home and by seizure and buy of individual property or home. All entrepreneurs of property or home shall be presented to know that taxation are due and due yearly and are charged with the duty of determining the quantity of current or behind taxation and shelling out taxation before the time frame of misbehavior." Taxes are due and due on Nov 1 of each season or as soon thereafter as the certified tax throw is obtained by the tax enthusiast.1 Generally, taxation become behind on May 1 following the season in which they are evaluated.2 Upon becoming behind, the tax enthusiast is approved to gather the taxation by buy of tax accreditation on property or home and by seizure and buy of individual property or home.3 In obtain to provide tax accreditation on or before May 1 or the 60th day after the time frame of misbehavior for overdue taxation, whatever is later, the tax enthusiast is needed to advertise once each week for 4 weeks and shall provide tax accreditation on all property or home with behind taxation. He or she shall create a record of such properties in the same obtain in which the areas were evaluated, specifying the quantity due on each package, including attention at the amount of 18% per season from the time frame of misbehavior to the time frame of sale; the cost of advertising; and the expense of buy.4 Tax accreditation are released to "the individual who will pay the taxation, attention, expenditures, and expenses and will demand the lowest amount, not in excess of the maximum amount allowed by this part."5 While behind taxation on property or home may be compensated after the time frame of misbehavior but before buy of a tax document by shelling out all expenditures, marketing expenses, and attention,6 once a tax document has been released, payoff of the tax document is recommended in s. 197.472, F.S. In relevant aspect, s. 197.472, F.S., provides: "(1) Any individual may receive a tax document or buy a county-held document at any time after the document is released and before a tax title is released or the home or home is placed on the record of areas available on the market. The individual redeeming or purchasing a tax document shall pay to the tax enthusiast in the nation where the land is situated the deal with quantity of the document or the aspect thereof that the aspect or attention ordered or used holds to the whole. Upon buy or payoff being made, the individual shall pay all taxation, attention, expenditures, expenses, and overlooked taxation, if any, as provided by law upon the aspect or parts of the document so ordered or used. http://myfloridalegal.com/__8525623 6006EB5E1.nsf/0/7CAD103A90148689852563 D800681523?Open&Highlight=0,tax,certificate |
