Legal Question in Real Estate Law in Florida

We returned home yesterday to find a large orange sticker on the front of out house saying the home was going up for Sheriff auction for unpaid taxes (by the previous owner). We just bought the house 3 months ago in a senior development. The tax collector claims that the sales office should handle it and the sales office claims they have nothing to do with it. It\'s out problem. Shouldn\'t they have checked and made sure they gave us a clear title??


Asked on 6/26/15, 9:52 am

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Sounds like you should have had an attorney handling the closing for you and you would not have this problem. Who should have checked about the taxes? who handled the closing? Is there a title policy? you need to hire an attorney asap now to protect your interests.

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Answered on 6/26/15, 10:42 am
Joseph Brien THE PEOPLE'S ADVOCATE

If you took ownership without title insurance services nor a title review, you must look to the deed your received. A quitclaim provides few warranties; a warranty title provides warranties of title and has a date specific from when you owe the taxes.

Although you may have rights against the prior owner or other person involved in the transaction, your focus should be on paying off taxes before the sale date. Otherwise you stand to loose your investment.

Go online to: http://www.miamidade.gov/taxcollector/online-services.asp and find out the exact figures and dates of the tax deed sale.

Note that time is of the essence.

After you know your deadlines and payment amounts, you should make every effort to meet with an attorney to review your paperwork relating to the purchase and advise you on your options.

I hope the response was helpful.

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Answered on 6/26/15, 11:40 am


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