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Miami New Investor Follow UP
James, thank you for this information. You would not believe (or maybe you would LOL) how long I have been asking people (county clerk staff, lawyers,
Hello. Firstly, thank you for all of the very valuable information on your website, it really is quite a service. I apologize if the answers to these questions
AGO 82-14 Distribution Tax Sale Excess Funds WHERE A TAX CERTIFICATE FOR UNPAID AD VALOREM TAXES IS SOLD, AND AN EXCESS OF FUNDS FROM THAT SALE RESULTS
Texas man attempts to claim a $300,000 house with an adverse possession claim which he filed in the county for $16. Property was empty and had been foreclosed on by the lender, why not move right in and squat?
While I am unversed in the ways of Texas I can tell you that the law of adverse possession in Floirda, with out color of title, was designed to assist in property disputes over boundry lands. Adjacent owners, overlaping property lines, and such are the issue at hand where this statute is typically applied.
In Florida the party making claim must openly occupy the property for 7 years, make improvements or enclose the property, pay taxes, etc. etc.
The Texan is lucky that he didn't remove items from the house or cause undue damage to the property. The lender, BOA, knows who he is and they could create a strong case for tresspass or seek damages against the man. The underlying problem is that there is no proof of condition prior to BOA taking possession of the property.
A lawyer could locate the prior owners and take statement as to the condition of the property at their time of leaving. This testimony could be entered in court as an affidavit to establish proof of condition as of the time of leaving by the owners. This along with statements from neighbors to establish the timeline of when the squatter moved in could create grounds for legal recourse against the squatter for the differences in condition between time of owner leaving and squatter leaving. In bringing forward the case BOA could also include the cost of legal fees for the prior eviction notice.
This little known technique for adverse possession via squatting was brought to my attention by a caller who found it in the John Beck Real Estate Course he had ordered. I informed the caller that this was not a technique but an invitation to a legal nightmare which could ultimately cause his incarceration. To my knowledge, he followed my advice and ignored what he had previously thought was a great legal loophole to own property for pennies on the dollar.
It seems another civil case, L09-1206, is being brought by the Offfice of the Florida Attorney Gerneral. The investigation stems from allegations of deceptive
Can the holder of a tax sale certificate who purchased it prior to July 1, 1973, the effective date of Ch. 73-332, Laws of Florida, still foreclose the
RE:tax certificate held by private individual remains outstanding lien on property conveyed to county enforceable pursuant to Chapter 197, Fla. Stat. ss.
75-169 Duty to redeem outstanding tax certificates
TAXATION--CLERK'S DUTY TO REDEEM OUTSTANDING TAX CERTIFICATES WHEN ERRONEOUSLY NOT INCLUDED IN BASE BID 1. Is the clerk obligated to redeem the outstanding
I was reading this morning about yet another example of how we as Floridians can be squeezed without ever knowing it. Banks and Hedge Funds are throwing
Hey all, I was asked yesterday about the consequences of price fixing at the few auctions which aren't already online in Florida. I had to pull out the
Interuption in service voids auction bidders at online tax deed sale.
January 17, 2012, with a considerable number of tax deeds up for auction an interuption of service for an online sale is the equivalent of torture for winning bidders as well as the county which must adhere to stautes and mandated timelines. Due to this interuption, those who may have previoously placed the winning bids will be required to do so again. I received the below message from the auction host in regards to this.
To Lee County Tax Deed Sale Bidders:
Due to an intermittent server issue, there may have been some bidders that were unable to gain access to the auction site to participate in the Lee County Tax Deed Sale conducted on January 17, 2012.
In order to ensure that all bidders have a fair and equal opportunity to take part in the sale, a decision has been made to reset all tax deed sales that were conducted on January 17, 2012.
The affected cases will be included in the Lee County Tax Deed Sale to be held on January 31, 2012. If you have any questions, please contact Realauction Customer Service.
We apologize for the inconvenience.
Customer Service
Realauction.com
Bankruptcy, Deed In Lieu of Foreclosure, Pre foreclosure
I am interested in purchasing a property that is in pre-forclousure started in 2010 but was halted due to a bankruptcy of one of the owners during that
MyInfo4Sale, Full Disclosure and Truth In Real Estate Investing.
MyInfo4Sale, everything you need to know for Florida Gov Auctions, + Local auctions, Federal property sales, State property auctions, National information.
James, we spoke on the phone a while back, Glad to see your still posting all the free pages. I'm trying to find the info on Oklahoma auctions you posted
Ater the tax deed sold it was revealed that the property has a mortgage from B of A and the person did not own the property. There was an oversight made
A few doors down from me a neighbor was falling behind in his payments and expected foreclosure. A month ago he suddenly moved out and a few days later
I'm currently researching my first potential tax deed property and I came across a situation in which the owner acquired a mortgage (they owned it free
Florida flop. The premise is that the listing agent selling the property for the bank presents an offer to the bank from a friend which isn't fully disclosed.
I had a suspicious feeling when the required mediation program began that it would be a waste of dollars for everyone except the mediators. When I went to mediation in a civil case I filed the real winner was the mediator who billed at hundreds of dollars per hour with Plaintiff, me, and Defendant, large corporation, splitting the bill.
My unwillingness to be bulllied by the all mighty large corporation, who was blatantly wrong, resulted in no results. "Why are you unwilling to accept the offer given?" as asked by mediator. My response, "It's not in my best interest and I'm not required to do so." The typical I don't want to and you can't make me, taken straight from the I double dog dare ya playground playbook. 1 year after mediation they did settle and paid more than they offered at mediation.
I bought my first tax deed property two years ago and still living in it today! I would like your input on something i'm still not exactly clear on.(lots
Now, for more of my trouble with title searching, I've run across several properties listed on the forclosure auction that have Housing and Urban Developement
Thought I would share this. After reading your tax deed overage how to page I thought I would add some input.
I'm with you. The premise that you can claim overage from tax deed sales via assignment in Florida is false. Here is the proof. Company gets assignment from prior owner who is entitled to claim overage. Company presents assignment and proof of identity for prior owner to the Counties Tax Deed Clerk. County attorney advises Clerk to make check payable to prior owner not company. You have to be a surplus trustee to claim overage on assignment in FL. Here is the link
http://www.lakecountyclerk.org/record_searches/tax_deeds/tribute_web/ShowPDF.aspx?D=24606&B=1
Brian, Thanks For Sharing
Mortgaged Tax Deed Properties
Why aren't the banks coming forward and paying the taxes on the homes I see going at the tax deed auctions? Many of these homes have mortgages and in
Hi, I was looking up some info and ran across this Hernando county tax deed application/sale which falls into the conversation we were having. Tax Deed
I can't find in the quiet title book where it states what happens if the defendants decide to buy the property back... Thanks For The Question John, Here's