What steps can I take to stop a property tax foreclosure? - Florida
The Short Answer
In Florida, the most direct way to stop a tax deed (property tax foreclosure) sale is usually to redeem the tax certificates by paying the delinquent taxes, interest, and statutory charges before a tax deed is issued. Even if the home is still titled in a deceased parent’s name, an heir or other interested person can often redeem to prevent the sale while probate is pending.
What Florida Law Says
Florida’s tax foreclosure process typically starts with the sale of tax certificates for unpaid property taxes. If those certificates are not redeemed, a certificateholder can apply for a tax deed, and the clerk will schedule a public auction. The key concept is that Florida law allows redemption up to a critical cutoff point—once a tax deed is issued, the prior ownership interests are generally wiped out.
The Statute
The primary law governing this issue is Fla. Stat. § 197.472.
This statute establishes that a person may redeem a tax certificate after it is issued and before a tax deed is issued (generally by paying the tax collector the face amount plus interest, costs, and charges), subject to the statute’s cutoff language regarding full payment for a tax deed being made to the clerk.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple—especially when the property is still titled in a deceased owner’s name and probate is underway. Legal outcomes often depend on:
- Strict Deadlines: Redemption is time-sensitive. Under Fla. Stat. § 197.472, redemption is tied to whether a tax deed has been issued (and related payments made), which can move quickly once a sale is scheduled.
- Burden of Proof & Documentation: When an heir is trying to protect inherited property, you may need to show your legal interest (or authority) while coordinating with the tax collector, the clerk, and the probate court.
- High Stakes if a Tax Deed Issues: Florida law provides that, with limited exceptions, interests generally do not survive the issuance of a tax deed. See Fla. Stat. § 197.552.
In a probate situation like yours, an attorney can coordinate the probate strategy (getting authority to act, clearing title, addressing heirship issues) with the tax deed timeline so you don’t lose the home before the deed can be transferred. For more background on inherited-property title issues, you may also find helpful: If I Pay Back Taxes on Inherited Land but I’m Not on the Deed, Do I Get Ownership Rights in Florida?.
Get Connected with a Florida Attorney
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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.