Over the Counter Tax Lien Certificates and Lands Available In Florida

OTC Tax Liens:

Those certificates not sold at public auction are issued to the county, where they accrue 18% interest until paid. Certificates can later be purchased (by mail) by individual buyers from the county (Tax Collector for liens), according to the rules and laws governing delinquent taxes.

Certificate holders must hold tax liens for twenty-two months from the date of the original tax lien sale before they can apply for a tax deed. The property owner is notified of the action and if the taxes are still not paid within the 2-year redemption period an application for a tax deed can be made by the certificate holder. (Tax certificates are null and void seven years from the date of issuance [Florida Statute 197.482]). This tax deed process is different from all other tax lien states, where the certificate holder may instigate foreclosure proceedings if a certificate is not redeemed. Tax deed sales are governed by Chapter 197, Florida Statues, and Administrative Code 12D-13.060, Florida Department of Revenue.

Upon application for a tax deed, the property is offered at a public auction (tax deed sale) and the certificate holder can participate by bidding. Should there be no bidders at the sale, the property is deeded to the applicant. The highest bidder will receive a tax deed for the property. If the applicant is not the highest bidder, the applicant is refunded his money plus the interest accrued.

According to Florida Administrative Code Chapter 12D-13.064: Lands Available for Taxes, if the tax deed application was made by the county and there are no other bidders, the clerk shall enter the land on a "List of Lands Available for Taxes". The county then has 90 days from the date of the auction to purchase the land for the opening bid. After 90 days, any person or governmental unit may purchase the land for the opening bid. Taxes will not be extended against parcels contained on the list, but will be added to the minimum bid as they become due. If not purchased, lands contained on the list with any certificates issued on them on or before July 1, 1999, shall escheat to the county seven years after the date on which the property was offered for Tax Deed Auction. If not purchased, lands contained on the list on which all certificates on them were issued after July 1, 1999, shall escheat to the county three years after the date on which the property was offered for Tax Deed Auction.

The Rogue Tax Sale Superlist contains specific information on Florida.

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