Frequently Asked Questions

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.)

WHEN AND WHERE ARE THE TAX DEED SALES HELD?

Tax Deed Sales are generally held every Tuesday at 9:00 a.m. except holidays at www.charlotte.realforeclose.com.

WHERE CAN INFORMATION ABOUT UPCOMING SALES BE OBTAINED?

The Tax Deed Sales are advertised in the Sarasota Herald Tribune.  The Clerk of the Circuit Court is required by Florida Statutes to advertise each sale once a week for four consecutive weeks prior to the public auction (Section 197.512(1), F.S.)  You can purchase copies of the legal ads, which include the opening bids, from the Clerk of the Circuit Court’s office at a cost of $1.00 per page.

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 clicking www.co.charlotte.fl.us.

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.)

IF I AM THE SUCCESSFUL BIDDER AT THE SALE, WHAT DO I NEED TO DO?

According to the office policy, as the successful bidder you have 24 hours (9:00 a.m. the following day) to pay the balance, which includes documentary stamps, and recording fees.  Payment can be made by ACH, 3 days prior to use of fund through www.charlotte.realforeclose.com or payment can be made at the Clerk's office at 350 E. Marion Avenue, Punta Gorda, FL, by check, cash or money order.  This total will include your bid amount, documentary stamps, and recording fees.  The money must be paid by 9:00 a.m. the next business day after the sale.

WHAT If I AM THE SUCCESSFUL BIDDER AND FAIL TO RETURN WITH THE PAYMENT?

The property will be re-advertised one time, and must be scheduled for sale within 30 days.

Section 197.542(1), F.S. states:  “The Clerk may refuse to recognize the bid of any person who has previously bid and refused, for any reason, to honor such bid.”  Therefore, those individuals would not be allowed to bid at any future Tax Deed Sales.

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 THINGS THAT I SHOULD 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 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 THE SUCCESSFUL BIDDER AT A TAX DEED AUCTION, AM I ENTITLED TO IMMEDIATE POSSESSION OF THE PROPERTY AFTER A TAX DEED HAS BEEN ISSUED TO ME?

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 IS THE AMOUNT OF THE OPENING BID DETERMINED?

If the property is not homestead property, the amount of the opening bid equals the total of unpaid taxes and interest, the Tax Collector’s administration fees, the Clerk of the Circuit Court administration fees and expenditure fees required by the Florida Statutes to bring the property to delinquent tax sale.  If the property is homestead property, half of the assessed value from the tax roll is added to the above amounts for the total opening bid.

HOW LONG DOES IT TAKE TO RECEIVE THE TAX DEED?

You should have your Tax Deed within 5 to 7 days from the sale date.

WHERE CAN I OBTAIN INFORMATION REGARDING THE SALE OF TAX CERTIFICATES?

Tax Certificate information can be obtained from the Tax Collector’s Office.  The phone number for the Tax Collector is 941-743-1356 or 743-1354, or visit their website at www.cctaxcol.com.