Florida Tax Certificates & Deeds

Each state and tax collector determines their process for collecting delinquent taxes as well as the exact process for how a tax deed sale works. Some states, like Florida, offer tax deed sales in which the winning bidder has the right to take possession of the property after sale but with a cloud on title. If the property is occupied at the time of sale, the tax buyer will need to file an eviction but has the right to renovateor rent the property after the eviction is complete. However, they must cure the titledefect before selling.

Adverse possession

Adverse possession laws, like tax sale laws, vary from state to state, meaning how long the party must remain in the property without dispute from the homeowner will differ. In Arizona, for example, the adverse possession period is only two years, but in Virginia, it's 15 years. This process, often referred to as "squatters rights," doesn't happen as often as people may think but technically is a legal way to take someone's property by paying the taxes.

Quit Claim Deed

A quitclaim deed is a legal document used to convey an interest in real property. It must be in writing and it must contain certain elements, as outlined in Florida Statute Section 695.26:

“Prepared by” statement (name and address of the “natural” person preparing the Deed)

  • Grantor(s) (Sellers-Party Giving Title) names legibly printed in the body of the Deed

  • Grantor(s) mailing address

  • Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed

  • Grantee(s) mailing address

  • Signatures of Grantors

  • Names printed under Grantors’ signatures

  • 2 Witnesses, for each signature (For all Florida Deeds) the names of witnesses printed under witnesses’ signatures

  • Complete Notary acknowledgment

  • Names being acknowledged

  • Date acknowledgment taken

  • Signature of Notary

  • Name printed under signature

  • Commission expiration date

Some of the most common ways to use a quitclaim deed include transferring property or an interest in the property:

  • To a living trust

  • As part of a divorce settlement

  • From community property to a joint tenancy

  • From single ownership to co-ownership with another

  • From one co-owner to another

To ensure the transfer of a quitclaim deed, the original document should be recorded with the county recorder for the county where the relevant property is located. Until the deed is recorded, it is not valid against third-party interests.

When the quitclaim deed is recorded with the county, one of the parties must pay the transfer tax to the Clerk of the Court for the county. This is also known as the documentary stamp tax, and is typically paid by the grantor. The tax is 70 cents per every $100 of the property’s sale price. Miami-Dade County is the only county with a different tax rate of 60 cents per $100.

Florida Statues

Section 213.053(19), Florida Statutes The Florida Department of Revenue is authorized by law to publish the names of taxpayers who have large unresolved tax liabilities . These taxpayers have not paid, or arranged to pay, their debt. The list is updated monthly.