I am currently renting my home. A man came by yesterday, I was not home, but he spoke with my neighbors who in turn told me the information. The man was coming to find out if anyone was currently living on the property because the owner of the house has not been paying the taxes on the house. I went to the county website and found that the owner of the house is in fact two years behind on the house taxes. We have tried contacting the owner with no response. My question is, what happens next? How can I go about finding out if the house is going to be seized and when? If the house is seized, how long do we have to move out?
Lewis Matthew RobertsBankruptcy AttorneyAltamonte Springs, FL ·
See the following from the Volusia County website:
What is a tax certificate?
It is a first lien on the real estate. The face value of the certificate is the amount of taxes due, plus interest, costs and charges thereon. Purchase of a tax certificate does not permit the certificate holder to enter the property or harass the owner. The property owner has a period of two years from the date the tax became delinquent to redeem the tax certificate. Redemption is done through the County office only.
What is the Tax Deed process?
Certificates, which have not been redeemed within two year’s period from April 1 of the year of issuance, are eligible for a tax deed application.
An application to start Tax Deed Auction proceedings must be made to the Volusia County Tax Collector’s Office in DeLand. The holder is given a statement showing monies needed to proceed to tax deed sale. Any certificate holder, other than the County, who makes application for a tax deed shall pay the Volusia County Tax Collector’s Office at the time of application all amounts required for redemption or purchase of all other outstanding tax certificates, plus interest, any omitted taxes, plus interest, any delinquent taxes, plus interest, and current taxes if due, covering the land. In addition to outstanding taxes the applicant must pay an Ownership and Encumbrance Report fee, Tax Deed application fee, and at a later date the Clerk of the Circuit Court will request the Clerk’s fee, advertising fee, Sheriff’s fee and other additional fees. These amounts, plus the value of the holder’s certificate and accrued interest, make up the opening bid at the tax deed sale.
Where property is homestead, one half of the assessed value will be added to the opening bid per Florida Statute 197.502.
A tax deed sale is a public auction held at the DeLand Courthouse and conducted by the Clerk of the Circuit Court located at 101 N. Alabama Ave. Room 119C, DeLand, Florida.
Property is sold to the highest bidder and a tax deed is issued. If an applicant wants title to the property, they (or their agent) must be at the tax deed sale to bid. The Clerk of the Circuit Court handles all purchases of property.
If the property is redeemed before the public auction sale, all monies will be refunded to the applicant. Interest of 1.5 percent per month is added from the date the applicant paid all fees to the date of redemption or sale.
All redemption of certificates must be processed through the Tax Collector's Office.
You might not have to move out.
Indeed, you may not have to move out. The tax liability is a lien on the property here in California. The process is slow and there is a lot of opportunity for redemption of the property by the owner. You will not be expected to leave immediately and must be given notice with all the protections that the landlord tenant laws provide you in your state.
As an aside, include a note with your rent. If you cannot reach the landlord, you can bet he will reach you if there is no payment one month.
Contact your local bar association for referral to an attorney who specializes in this. Often, but not always, the attorney will do an initial consultation free of charge. You will then be in a better position to determine what to do next. Best of luck to you!
