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How would I determine which liens or encumbrances would survive a tax deed sale

Fort Lauderdale, FL |
Filed under: Real estate Tax law

I am planning on bidding on a tax deed sale in Palm Beach county. How can I find out if any liens or encumbrances will survive the sale and that I will be responsible for if I have the winning bid?
Thank you

Attorney Answers 3


Generally speaking, the only liens that will "survive" are any municipal encumbrances (such as, code violations or utility assessments). Your county may allow you to pay a percentage of any outstanding liens they hold. The best thing to do is to look at the county records to see what liens, if any, currently encumber the property. Then, plan on doing a quiet title after the fact to remove any that still remain. I recommend hiring a local real property attorney to handle the quiet title action for you. They can also advise you as to the types of liens that have already been imposed. It is worth the minimal expense to have this done right, as the result can be a valuable asset that you can freely alienate.

Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.

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I agree with Attorney Johnson. Hiring an attorney to help determine the types of tax deeds will be worth it in the long run. A quick look at court house records will give you an idea before hand about the liens that exist. A good title company can also help.

My comments are NOT LEGAL ADVICE. They are for informational purposes only. Actual legal advice can only be provided after you have signed an engagement letter. Answering this question does not create an attorney client relationship. Remember that without attorney client privilege you could possibly divulge information that can hurt your legal rights in the future. I am a tax attorney in Miami Florida. I can help you with your federal tax issues via a secure client portal if required.

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This is the type of item you want an attorney to look at on a case by case basis, unless you are willing to roll the dice. Some municipal fines/liens accrue hundreds of dollars each day until a violation is corrected. Buyer beware.

The foregoing information is for educational purposes only. It is not meant to be legal advice. You should hire a qualified attorney to assist you with all of your legal matters.

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