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Tax Deeds Lawyers in Orlando, Florida
Legal Counsel, P.A. employs a tax deeds lawyer in Orlando, Florida who can help homeowners if they are facing losing their homes to a tax deed sale or help investors or real estate purchasers who are considering purchasing properties at tax deed sales. If you are a homeowner who has not been able to pay property taxes, the county in which you reside may place a tax lien on your home. According to the Florida Bar, Florida counties can sell your home in a tax deed sale if taxes on your property go unpaid for two years.
If you are a homeowner facing a tax deed sale of your home, consider contacting Legal Counsel, P.A. which employs a tax deed lawyer in Orlando, Florida who can assist you. First, unpaid taxes are converted to tax certificates wherein a third party or entity pays the taxes on your property. After 2 years of non-payment of taxes and 2 tax certificates being issued by the county, the tax certificate holder can petition the county to sell the home to satisfy the tax certificates. The tax deed sale takes place and the home is conveyed to the third party or entity. First, the money goes to the holder of the tax certificates with interest. Next, the owner and any lien holder can petition the county for any “overage” money. Overage money is the difference between what the property sold for at tax deed auction less the certificates, expenses, etc.
If you are an investor considering purchasing tax deed property or land, you’ll want to take steps to protect your legal rights. Tax deed investment can come with many benefits, but also additional responsibilities. Tax deed sales can be more complex than purchasing land or property outright. Legal Counsel, P.A. employs tax deed lawyer in Orlando, Florida who can help you if you are thinking of investing or purchasing tax deed real estate. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321.
Facing a Tax Deed Sale on Your Home? Steps You Can Take
Most homeowners who have a mortgage have their taxes built into the monthly mortgage amount they pay to the bank every month. This protects the bank, allowing the bank to ensure that taxes on the property are paid and that the bank won’t run the risk of having a tax lien placed on the deed. When a tax lien is placed on a deed, it supersedes (or has priority) over any other kind of lien, including a mortgage, which can be a risk to the bank should the bank need to foreclose.
If you don’t have a mortgage on your home or the taxes are not escrowed by the lender, you may need to pay the taxes on the property directly. If you fail to pay property taxes, the county in which you live may have the right to place a tax lien on your property. If the owed taxes aren’t paid or if no attempt is made to pay the taxes or remedy the situation, the county can auction off your property in a tax deed sale. If the county in which you live has placed a tax lien on your property, it is important to take steps to save your home. Non-action can only lead to the loss of your home. However, there may be options available to you. What are some things you can do if you have fallen behind on your property taxes?
- Dispute your tax assessment. The county in which you live will assess taxes on your property based on the assessment of your home’s value. One way you might be able to lower your taxes (and make your tax burden more manageable) is by having your home appraised and by telling the county that the county’s assessed value of your tax burden is too high. If your taxes are very high, a change in the county’s assessment of the value of your home might make your tax burden more manageable. Every county will have a process by which individuals can dispute their tax assessments. Legal Counsel, P.A. employs a tax deed lawyer in Orlando, Florida who can help you navigate this legal process.
- See if you qualify for exemptions. Some individuals can qualify for certain exemption and tax rebates. Veterans, the elderly, and individuals who reside in their homes may qualify. Our tax deed lawyer at Legal Counsel, P.A. in Orlando, Florida can review your situation and see if you qualify for any exemptions.
- Ask for a deferral or abatement. Your county may be willing to work with you to get you on a payment plan if you contact them. If you are facing unique circumstances, such as having a disability or are facing financial hardship, the county may grant you a deferral or tax abatement. The best bet when it comes to asking for a deferral or abatement due to hardship is before you fall behind on owed taxes. Be proactive rather than reactive. Contact Legal Counsel, P.A. and our tax deed lawyer in Orlando, Florida, can assist you.
- Additionally, in Florida, there may be other options you might have as a homeowner to dispute a tax deed sale. If you never received notice, you may have the right to dispute the sale. Our tax deed lawyer at Legal Counsel, P.A. in Orlando, Florida can review your situation and fight for your rights.
If you have a tax lien on your home or are facing a tax deed sale on your home, contact the tax deed lawyer at Legal Counsel, P.A. in Orlando, Florida who can review your situation and help you understand your options. We can speak to county tax assessors, provide documentation to support your case, and fight for your rights under the law.
Tax Deeds for Investors in Orlando, Florida
Investors have found that tax deed sales can sometimes be lucrative ways to invest and possibly acquire valuable real estate. For example, some successful tax deed bidders have been able to acquire property far more valuable than the unpaid taxes. However, with a tax deed purchase or investment, investors need to protect their rights. There are many issues that can arise with tax deed purchases and investments. For example, some property owners have been able to successfully contest tax deed sales because they weren’t given proper notice about the sale. Here are some common issues that can arise with tax deed investments or purchases:
- The county failed to provide notice to the homeowner. Under Florida law, homeowners, property owners, and any lien holders must be properly notified before a tax deed sale can take place. Failure to provide proper notice to lien holders and to property owners can result in the successful contest of the tax deed sale. County clerks have a responsibility to ensure that proper notice is delivered. However, there have been reports of some clerks moving forward with tax deed sales even when notices were returned to sender.
- Investors may also be wise to research whether there are any liens on the property. For example, if there are mortgages or other liens, it can be wise to consult with a tax deed lawyer to understand how these liens can be released during a tax deed sale. There are certain types of liens that won’t be released with a tax deed sale. For example, unpaid child support debts, IRS debts, or other debts owed to the government may not be released during a tax deed sale. You don’t want to end up paying someone else’s tax bill, so it is important to protect your rights and research any property before you purchase it in a tax deed auction. In some cases, you may need to file paperwork or file a quiet title action to release the deed of these liens. Holding clear title to a property is important because a clear title grants you the right to the property and it also grants you the right to sell the property. While many liens will not survive a tax deed sale, having our tax deed law lawyer at Legal Counsel, P.A. in Orlando, Florida can help you get the best possible outcome permitted under the law when purchasing or investing in tax deeds.
- Quiet title and title searches. When purchasing or investing in property in a tax deed sale, it is your responsibility to perform your due diligence. Legal Counsel, P.A. employs a tax deed lawyer who can help you take steps, like performing a title search, filing a quiet title action, and taking any other steps required to help you with your purchase and to secure your rights to the title after a tax deed sale.
- Understanding legal rules regarding interest. You are entitled to charge interest on the taxes you pay if you purchase a tax lien certificate. When you purchase a tax lien certificate, you are not buying property, but are buying the lien on the property. You are entitled to charge interest on the taxes you pay (subject to local law) and when the tax deed is sold, you can collect the unpaid taxes you paid for the property plus interest.
Contact Legal Counsel, P.A in Orlando, Florida which employs a tax deed lawyer who can help you take steps to protect your interests. Our lawyer can also help you navigate the tax deed purchase process. Have questions? We have answers. Contact Legal Counsel, P.A. at 407-982-4321.