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Sell Tax Deed Land in Florida

Why Florida tax deed title is not insurable at first, what a tax deed wipes out and what survives, the 4-year statute in s. 95.192, quiet title under s. 65.081, surplus funds, and selling as-is for cash.

by SWFL Land

Yes, you can sell land you bought at a Florida tax deed sale, even before a title company will insure it. We buy Florida tax deed land, including parcels you won at a clerk’s online auction last month, lots held a few years without a quiet title, and tax deed land with surviving liens or restrictions. SWFL Land (Libera Capital Group LLC) is a direct cash buyer, not a listing agent. You usually get a written cash offer within 24 hours, we close in 7 to 21 days through a licensed Florida title company, there are no commissions or fees, we pay standard closing costs, and you can sell as-is from anywhere. Call (239) 686-0823 or request a cash offer online.

This page is general information about Florida land, not legal or tax advice. For advice on your situation, talk to a Florida attorney or the title company handling your sale.

Why is Florida tax deed title not insurable at first?

A Florida tax deed is issued by the Clerk of the Circuit Court after a tax certificate goes unredeemed and the land is sold at public auction. The deed is prima facie evidence that the proceedings were regular, from valuation of the land through issuance of the deed (s. 197.552, F.S.). Prima facie evidence can be challenged, though. A former owner, heir or lienholder can claim they were not properly notified, and a title insurer has to weigh that risk.

Florida law requires a title insurer to make a determination of insurability based on a reasonable title search and sound underwriting practices before issuing a policy (s. 627.7845, F.S.). For a fresh tax deed, many underwriters will not insure until the risk of a challenge is reduced, either by a quiet title judgment or by time passing. Without title insurance, most retail buyers and lenders will walk away. That is the gap a cash buyer fills.

What does a Florida tax deed wipe out, and what survives?

The general rule is broad. Under s. 197.552, no right, interest, restriction or other covenant survives the issuance of a tax deed, except as Chapter 197 provides. The exceptions matter:

  • Government liens. A lien of record held by a municipal or county government, special district or community development district survives if it is not satisfied when the surplus is disbursed (s. 197.552).
  • Restrictions and covenants. Use restrictions, limits on the type and location of buildings, and anti-nuisance covenants running with the land survive and stay enforceable (s. 197.573(1) and (2)).
  • New association assessments. Most covenants creating debts or liens do not survive, but a lien for association assessments accruing after the tax deed is preserved (s. 197.573(2)(a)). Forfeiture, re-entry and reverter rights are destroyed (s. 197.573(3)).

Title underwriters also list items they generally will not treat as wiped out. One Florida underwriting reference from WFG National Title lists governmental liens, covenants and restrictions, certain easements, oil, gas and mineral rights, federal tax liens, and association fees and assessments as interests that must be released or excepted. Code enforcement liens held by a city or county are a common surprise; see selling land with code liens.

How does the 4-year statute, s. 95.192, work?

Section 95.192(1), F.S., says that after a tax deed issued under s. 197.552 has been held for 4 years, the former owner and anyone claiming under the former owner cannot bring an action against it. This is the “4-year rule” tax deed buyers talk about.

  • The bar applies whether or not the tax deed holder is in actual possession (s. 95.192(3)).
  • There is an exception. If the legal owner was in possession when the tax deed was issued, stayed in possession for 1 year after, and remained in possession until an ejectment suit was filed, the 4-year bar does not apply (s. 95.192(3)).
  • A related section, s. 95.191, gives a former owner 4 years to sue once the tax deed holder takes actual possession, and gives the tax deed holder 4 years from the deed date to sue someone else who is in possession.

In practice, underwriters treat the 4-year mark differently. WFG’s Florida guidance says ss. 95.191 and 95.192 provide protection after 4 years if the grantee was in actual possession, and calls for an affidavit of possession and a review of the full tax deed file. Other underwriters have their own rules. The title company handling your sale tells you what its underwriter requires.

To see where your parcel stands, use our tax deed deadline calculator.

How does a quiet title action fix a tax deed?

Florida has a quiet title section written for tax deeds. Under s. 65.081, F.S.:

  • The tax deed grantee, someone who bought from the grantee, or a later successor can sue to quiet title.
  • The defendants are the former record owner and anyone claiming an interest, lien or encumbrance that existed before the tax deed issued.
  • The plaintiff does not have to be in possession, and does not have to trace title back past the tax deed.
  • The only defense the statute allows is that the former owner paid the taxes before the deed issued.

For a tax deed held under 4 years, WFG’s guidance calls for a quiet title suit against all legal titleholders, mortgagees, judgment holders and other lienholders who were listed and noticed, a title search for anything not addressed by the tax deed process, and a review of the clerk’s file to confirm notice was properly mailed. It also states that WFG will not rely on certificates from tax deed services in place of a quiet title lawsuit for those deeds.

A quiet title suit means attorney fees, service on every defendant, and waiting for a final judgment. Timelines vary by county and by how easy the defendants are to serve.

What about surplus funds and former owner claims?

When a tax deed sale brings in more than the amount owed, the extra money is surplus. Under s. 197.582, F.S.:

  • The clerk mails a notice of surplus, with a claim form, to the owners and lienholders who were entitled to notice of the sale.
  • Claimants have 120 days from the date of the notice to file a written, notarized claim. A claim from anyone other than the property owner that is not filed by the 120th day is barred.
  • Government liens are paid first, then other claimants in priority. Within 90 days after the claim period ends, the clerk pays out or files an interpleader action if claims conflict.
  • If no one claims, the titleholder of record is presumed entitled, and the funds are handled under Florida’s unclaimed property law, Chapter 717.
  • A tax deed buyer who pays a surviving government lien directly can, with a timely claim and proof of payment, recover that amount from surplus in the original lienholder’s priority.

Surplus claims are about the money, not the land. A former owner who files for surplus is not getting the parcel back. A former owner who believes notice was defective may sue over the deed itself, which is the risk that quiet title and the 4-year statute address.

Your options with tax deed land compared

Option What it involves Tradeoff
Sell now to a cash buyer Title company reviews the tax deed file; buyer takes the land without a title policy or handles the cure Fastest; price reflects uninsured title
File quiet title, then sell retail Florida attorney files under s. 65.081; final judgment recorded Attorney fees and months of waiting before listing
Hold 4 years, then sell retail Rely on s. 95.192 plus underwriter requirements such as possession affidavits Years of taxes and carrying costs; underwriter may still want more
Sell to another investor without insurance Quitclaim or deed without title policy Smaller buyer pool; buyer still faces the same questions

Compare more paths in our guide to cash buyer vs. listing vs. tax deed, and estimate your net with the land sale proceeds calculator.

How we buy tax deed land

  1. Send the parcel ID and the tax deed’s recording date. The clerk’s case number helps.
  2. Get a written cash offer, usually within 24 hours, that already accounts for the tax deed status.
  3. A licensed Florida title company opens title, reviews the tax deed file, and identifies surviving liens such as municipal liens or assessments.
  4. Close in 7 to 21 days. Sign remotely or in person, with funds by wire or check.

We do not promise how a title underwriter will treat your deed. The title company reviews the file and we make an offer on the land as it stands. If the parcel has other issues, see selling land with title problems, selling land with deed restrictions and selling land with HOA or CDD liens.

Where to Look This Up

  • County Clerk of Court tax deed office: sale records, the tax deed file, lists of lands available for taxes, and surplus lists. Examples: Duval County tax deed files and Pasco County tax deed surplus.
  • County Clerk official records: the recorded tax deed, prior mortgages, judgments and code liens.
  • County tax collector: whether taxes since the deed are current and whether new certificates were sold.
  • County property appraiser: confirms you are now shown as owner and gives the legal description.
  • City or county code enforcement: lien searches for surviving municipal liens.

Find your county’s clerk, appraiser and tax collector on our find your county page, work through the Florida land due diligence checklist, and check your dates with the tax deed deadline calculator.

Tax Deed Land FAQs

Who buys tax deed land in Florida?

SWFL Land (Libera Capital Group LLC) buys tax deed land in all 67 Florida counties, as-is, for cash, including deeds held less than 4 years without quiet title. Call 239-686-0823 or email info@swflland.com.

Can I sell tax deed land right after the auction?

Yes, once the clerk issues and records the tax deed you can sell. Many buyers will want title insurance, which is often not available on a fresh tax deed, so a cash buyer who accepts the deed as it stands is the usual option.

How long until a Florida tax deed is insurable?

It depends on the underwriter. Some will insure after a quiet title judgment. Section 95.192 bars former owners’ actions after the deed has been held 4 years, and some underwriters rely on that with added requirements such as an affidavit of possession.

Do I have to file a quiet title action?

No law requires it, but many title insurers require a quiet title judgment under s. 65.081 before insuring a tax deed held under 4 years.

Does a tax deed wipe out HOA restrictions?

No. Section 197.573 keeps use and building restrictions running with the land enforceable, and association assessments that accrue after the tax deed can still become a lien.

Who gets the surplus from a tax deed sale?

Government lienholders first, then other lienholders and the former owner by priority, if they file a claim within 120 days of the clerk’s notice (s. 197.582). The tax deed buyer generally does not get surplus, except to recover surviving government liens it paid directly.

Can the former owner take the land back?

A former owner can challenge a tax deed, for example over defective notice. Once the deed has been held 4 years, s. 95.192 generally bars actions by the former owner, subject to the possession exception in that section.

Do municipal code liens survive a Florida tax deed?

Liens of record held by a city, county, special district or CDD survive if they are not paid from surplus (s. 197.552). Order a lien search before you assume the parcel is clean.

Ready to Sell?

If you own Florida tax deed land and do not want to wait for quiet title or the 4-year mark, call (239) 686-0823 or request a cash offer online. We close through a licensed Florida title company with no commissions or fees.

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