Hooked On Overages My Question

by James Mikel

I have been trying to post this question/comment on someone else's site but I guess they didn't like my wording. Anyways, they are selling a book on how to get tax deed overage and set up a page for asking questions. Here's my question/comment. Maybe someone reading this will know the answer.

I have been investing for quite a while now and thought my knowledge would lend itself well to the conversation.

POINT 1. It seems some of the responders here are weary of the counties willingness to comply with requests for info when they are burdened with financial and personnel limitations. I must say, it makes no difference. The county is required, pursuant to Article I, Section 24, of the Florida Constitution, and Chapter 119 of the Public Records Act, to release the records.

Any party owed funds derived from the tax deed auctions/foreclosure sales/judgments/ etc are entered into the Registry of the Clerk of Circuit Courts. This is the counties accounting system for the monies collected for disbursement which are held in an account bearing no interest. The custodian for the records you seek is the Clerk of The Circuit Courts and your request for public records should be made upon them.

POINT 2. Presumption. Claimants interest is derived by assignment and the overage being claimed are proceeds of tax deed sale.

Question. When the above presumption is true, does claimant have to comply with those requirements of chapter 45 f.s., specifically title 45.033. Being that a tax deed sale is a non judicial foreclosure and a foreclosure of lien or mortgage is judicial, I am unsure as to the nature of the term "foreclosure" as brought forward in this statute.

Point 3. Presumption. Claimants interest is derived by conveyance of property after tax deed sale. I have been informed by 2 Clerk of Court employees in different counties that to make claim for proceeds you must be owner at time of auction. The exception to this is when the owner of record, at time of auction, conveys the property with right to collect any and all overage or surplus derived from auction. The conveyance must include a statement of interest in the overage.