Legal Question in Real Estate Law in Florida

Need court order to release surplus funds from tax deed auction to satisfy liens
I bought a lot at a tax deed auction in Miami for ~$30k more than the taxes due.

Demolition & lot-clearing liens from the city survived the sale.

The city filed a claim form, but the tax deed unit won't release the funds without a court order.

The quiet title suit was finished last June. The firm handling it botched my case badly... the first attorney assigned to my case was fired, and my case languished for 7 months before angry calls from me brought it to their attention. Among other things, the city's motion for dismissal with prejudice passed because my attorney never responded, and a motion to compel release of the surplus funds was never made.

Do I basically just need to file a new case in Florida circuit court (since it's $15k and involves equity), naming the tax deed unit as defendant, claiming:

* The lot was bought for $x at auction (deed = evidence)

* FS 197.582(2) orders surplus funds to satisfy surviving governmental liens

* City is only governmental unit w/surviving liens (cite quiet title case)

* Liens still outstanding (recent lien search = evidence), claim submitted long ago (copy of form = evidence)

Then move for court to order the immediate release of the surplus funds to the city?

Asked on 7/30/08, 12:14 am

David Slater David P. Slater, Esq.

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Re: Need court order to release surplus funds from tax deed auction to satisfy liens

You must first determine whether a motion to vacate the dismissal will lie. If not, and the dismissal was with prejudice , you may have a problem.

Answered on 7/30/08, 6:49 am

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