Florida tax deed investors are fortunate in that the statutes surrounding tax deeds tend to provide an abundance of protection for the tax deed purchaser. One example of this is Statute 95.192, which states that after the new tax deed owner has been in possession of the property for four years, prior owners cannot come forward to challenge the tax deed sale.
Based on this statute, many underwriters are willing to produce a title commitment for the tax deed property that is past the four-year statute without a quiet title action or Clear to Sell title certification process being required. This is however not always the case. There may be special circumstances where a quiet title or certification is still needed, and some title agents or attorneys will simply advise their tax deed investor clients to proceed with a certification process in an abundance of caution and assurance.
While challenges to the sale can no longer be made, other title defects might exist that can prevent immediate insurability such as conveyance errors in the chain of title, incorrect legal descriptions, or liens that have not been properly released.
Use of a title certification service like CTS provides tax deed investors with an assurance that they can sell the property, and explains what encumbrances they have to deal with prior to receiving insurable title. In the past, Clear to Sell attorneys have also been able to work with the client and our underwriters to have issues corrected that are outside our scope of certification of the tax deed sale.
If you own a tax deed that is outside the four-year statute you should consider consulting with a licensed title agent or real estate attorney for the best course of action. Book a complimentary 15-minute consultation with one of our attorneys today!
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