Skip to main content

Sales disqualified as a result of examination of the deed...?

Fort Myers, FL |

I live in Fort Myers, Florida. I defaulted on my mortgage in 2008-2009. I went through 3 modification trials periods in which I kept my end of the agreement by making all payments on time. I noticed that on the Lee County Property Appraisers Office that on 2/24/2012 -
Corrective deed, quit claim deed, or tax deed; Deed bearing Florida Documentary Stamp at the minimum rate prescribed under Chapter 201, F.S.; Transfer of ownership where no doc stamps were paid. - Link:

My question is on the 10/05/2012 date, they sold the house, but it looks like the sale was disqualified. I am asking what the message means under the 10/05/2012 date. Thanks for the help in advance.

We tried to work with the bank for 3 years (09-12) and the house went to auction and finally sold. I believe, as I did all along, that the bank did not have the original deed and now they are having trouble selling the house. If this is the case, do I have any grounds to go back on the bank for wrongful foreclosure?

Attorney Answers 1


It appears to me that the transfer by Special Warranty Deed was not accepted by the appraiser office since the correct stamps were not paid. Contact that office to clarify. If the transferee is not you, then it really does not affect you and would simply mean the trustee still holds title in the mind of the appraiser's office.

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices., 305 377 1505

Mark as helpful

1 found this helpful




Barry, thanks for the answer. Would you happen to know how long in the State of Florida the bank has to come after you for a deficiency judgement, also when does that term start, from the sale date or the final judgement disposition date? Thanks again for your help with my questions.

Barry A. Stein

Barry A. Stein


Their entitlement to a deficiency would start from the sale date and transfer of the property to them. It is an equitable claim so they should pursue it rather quickly. I dont believe there is any statutory limitation to it. If the statute of limitations applied, it would be 5 years for an action on a judgment.



Thanks again. How would I find out if there is a deficiency judgement? Where would I look it up? Also, if the final judgement was in 2009, then it would be 5 years from then, correct?

Barry A. Stein

Barry A. Stein


1. You would need to check the docket on the foreclosure case. 2. You would have had to be notified about an application for deficiency. It cannot be done without notifying you. It requires an evidentiary hearing. 3. Again, there are other potential defenses after that period of time, but an action to enforce a judgment has a 5 year statute of limitations. 4. You can also do a public records search in the county where the action took place to see if any judgments come up against you.

Real estate topics

Recommended articles about Real estate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics