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QUESTIONS AND ANSWERS
What is a tax deed sale?
A Tax Deed Sale is a public auction where real estate is sold to recover
delinquent property taxes. (This is governed by Chapter 197, Florida Statutes,
and Administrative Code 12D-13.060, Florida Department of Revenue.).
Who conducts the tax deed sale?
A deputy clerk employed by the Clerk of the Circuit Court conducts the sale or
public auction in accordance with Section 197.502(5), F.S.
When and where are these tax deed sales held?
Tax Deed Sales are held the first Monday of the month at 11:00 a.m. in the
meeting chambers of the Board of County Commissioners, Room 100, located at 221
Palafox Street, Pensacola, Florida. The date of the sale will change if
the first Monday of the month is a holiday.
Tax Deed Office is also located on the 1st floor of the Escambia County
Government Complex in Suite 110. For more information, please contact the
Clerk's Tax Deed Division at (850) 595-3793.
Where can information about upcoming sales be obtained ?
The tax deed sales are advertised in the Escambia Sun Press. The Clerk of the
Circuit Court is required by Florida Statutes to advertise each sale once a
week for four consecutive weeks prior to the public auction, Section
197.512(1), F.S. You can purchase copies of the legal ads, which includes the
opening bid, from the Clerk of Circuit Court's office (Suite 110 in the
Escambia County Government Complex 221 Palafox Place) at a cost of $ 1.00 per
page. The Property Appraiser also receives a copy of the legal ads with the
opening bids. That office adds a map of the property location, a possible
street address (if there is one) and the assessed value from the tax roll. The
Property Appraiser's Office sells this information as a Tax Deed Package at the
rate of $20.00.
What liens or encumbrances survive against a property after it is sold at a
tax deed sale?
Governmental liens and judgements survive the issuance of a tax deed and are
satisfied to the fullest extent possible with any overbid monies from the sale.
Governmental liens not satisfied in full survive the issuance of a tax deed and
will still remain against the property. Records can be researched at:
www.clerk.co.escambia.fl.us (click on Public Records and then click on Official
Records).
Can the property owner stop the property from being sold for taxes?
The property owner or mortgage holder can redeem the property from the tax deed
sale by paying the amounts owed to the Tax Collector and the Clerk of Circuit
Court. The total redemption is collected in the office of the Clerk of the
Circuit Court. (Many of the properties advertised for the sale will be redeemed
and will not be auctioned.)
If I am the successful bidder at the sale, what do I need to do?
According to office policy, as the successful bidder you are asked to remain
until the auction is complete and then report to Suite 110 (1st floor of
the Escambia County Government Complex). You will be given a slip with the
exact calculations for your total amount due. This total will include your bid
amount and the fees to record your Tax Deed. The money must be brought
back to the Clerk of Circuit Court's office by 3:30 p.m. the same day as the
sale. (Payment can only be made by cash or certified funds.)
What if I am the successful bidder and fail to return with the payment?
Section 197.542(1), F.S. states: "the clerk may refuse to recognize the bid of
any person who has previously bid and refused, for any reason, to honor such
bid". Therefore, those individuals would not be allowed to bid at any future
tax deed sales.
Do I get a clear title with a tax deed?
All properties sold at a tax deed sale qualify under "buyer beware". The
purchase of a Tax Deed does not warrant or guarantee clear and marketable
title. Note: Most title insurance companies require the property to go through
a quiet title lawsuit for the property to be able to have title insurance
issued on property bought by Tax Deed.
What are some things that I should know before the sale?
In order to participate in the bidding process, one must arrive a few minutes
prior to 11:00 a.m. to register. You or your representative must be physically
present at the sale in order to bid on the property. It is highly recommended
that you research the properties prior to the sale day in order to understand
what you are purchasing at the sale. (You should research for liens, zoning,
restrictions, etc.)
If I am the successful bidder at a Tax Deed Auction, am I entitled to
immediate possession of the property after a Tax Deed has been issued to me?
Section 197.542, F.S., states: "Any person, firm, corporation, or county that is
the grantee of any tax deed under this law shall be entitled to the immediate
possession of the lands described in the deed. If demand for possession is
refused, the purchaser may apply to the circuit court for a writ of assistance
upon 5 days' notice directed to the person refusing to deliver possession. Upon
service of the responsive pleadings, if any, the matter shall proceed as in
chancery cases. If the court finds for the applicant, an order shall be issued
by the court directing the sheriff to put the grantee in possession of the
lands."
How is the amount of the opening bid determined?
If the property is not homestead property, the amount of the opening bid equals
the total of unpaid taxes and interest, the Tax Collectors administration fees,
the Clerk of Circuit Court administration fees and expenditure fees required by
the Florida Statutes to bring the property to delinquent tax sale. If the
property is homestead property, half of the assessed value from the tax roll is
added to the above amounts for the total opening bid.
How long does it take to receive the Tax Deed?
You should have your Tax Deed within 7 to 10 days from the sale date.
Where can I obtain information regarding the sale of tax certificates?
Tax certificate information can be obtained from the Tax Collector's Office. The
phone number for the Tax Collector is 850-438-6500.
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