TAX DEEDS
The Clerk’s Office oversees the sale of tax deeds and is responsible for determining who may be entitled to surplus money left over from a sale pursuant to Florida Statute. The Clerk’s Office is authorized to refer issues involving tax deed surplus to a private attorney.
The Clerk’s Office currently uses The Law Offices of Travis R. Walker, P.A. which can be found at www.traviswalkerlaw.com
Clerk of Court Disclaimers:
- GENERAL INFORMATION NOTICE: Information or forms provided by the Clerk of Circuit Court should be considered as basic information only and may not be applicable to every situation. The information provided is not intended to be used as legal advice, and no party may rely on such information as legal advice. Specific guidance concerning foreclosures should be directed to a qualified attorney.
- ERRORS, OMISSIONS & INACCURACIES: The Clerk’s Office assumes no responsibility for any errors, omissions or inaccuracies in the orders.
- BUYER BEWARE: You are responsible for and must do your own research. All parcels are sold in “as-is” condition and are conveyed by a Tax Deed. No guarantees are made about a parcel’s condition, title quality, accessibility, or size.
- ENCUMBRANCES: The Clerk’s Office assumes no responsibility for any encumbrances (judgments, mortgages, taxes, and other liens) on any property offered for sale.
- LEGAL ADVICE: The Clerk’s Office is not authorized to give legal advice. If you require legal advice, you should obtain it from a qualified attorney or some other source.
- SUCCESSFUL BIDDERS assume all risks when purchasing a parcel at a tax deed auction, and the clerk specifically disclaims all guarantees and warranties (express or implied) regarding the property sold at auction.
- POSTED INFORMATION regarding tax deed sales is correct to the best of our knowledge. The official Notice of Application for Tax Deed is published in the Bradford County Telegraph and is also available in our office. Interested parties are encouraged to read the official advertisement/notice and/or check the clerk’s office website regularly for any updates or amendments to the original posting.
- CANCEL OR POSTPONE SALE: The Clerk may cancel or postpone any sale in which an error in the posting is identified and has, in their judgment, compromised the fairness of a sale.
Policy for Bidding on Tax Deeds
- Auctions are held at the Bradford County Courthouse, 945 N. Temple Ave., Starke, FL 32091. Contact the Clerk’s Office at 904-966-6282 for further information regarding
- Bidders must be present to bid.
- Proxy bidders must have their final bids ready – you may not conduct bids using electronic devices (i.e. cell phone, ear pods, tablet, computer, watch, etc.) First violation will result in the bidder being asked to leave the sale; second violation the bidder will be barred for 6 months; third violation the bidder will be permanently barred.
- Bidders must demonstrate before the sale begins the ability to post a deposit. If the bidder does not have their deposit, the bidder will not be able to bid in the scheduled sale.
- The highest bidder shall immediately be required to pay a non-refundable deposit, per parcel, at the time of their bid. Cash or a cashier’s check made payable to the “Clerk of Court” is required for deposits. Deposits must be 5% of the bid or $200.00, whichever is greater. If the highest bidder does not have the required deposit, the next highest bidder will be considered.
- After making a deposit, the balance of all bids and recording fees must be paid in full with cash or a cashier’s check made payable to the “Clerk of Court” before the end of the next business day. If the successful bidder does not make the full payment timely, their deposit will be forfeited, and they will be barred from bidding on future tax deed sales.
- Day of auction, bidders must sign-in after reading the clerk’s policy and disclaimers regarding tax deed sales – your signature acknowledges your understanding of the policy and disclaimers.
- If tax certificates exist or if delinquent taxes accrue after the filing of the tax deed application, the amount required to redeem such tax certificates or pay such delinquent taxes must now be included in the opening bid. Therefore, the redemption amount and the opening bid are subject to change without notice.
Lands Available for Taxes
Per Florida Statutes 197.502 and 197.542
- “On county-held or individually held certificates for which there are no bidders at the public sale and for which the certificate holder fails to timely pay costs of resale or fails to pay the amounts due for issuance of a tax deed within 30 days after the sale, the clerk shall enter the land on a list entitled “lands available for taxes.”
- “The county shall then have 90 days after the land is placed on the list 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 shall not be extended against parcels contained on the list but shall be added to the minimum bid as they become due.”
- “If not purchased, lands contained on the list of lands available shall escheat to the county three years after the date on which the property was offered for tax deed sale.”
Disclaimer: The Clerk does not expressly or impliedly warrant that the information or data posted regarding the “List of Lands Available for Taxes” is accurate or correct.
When purchasing property from the “Lands Available For Taxes“, it is recommended that you review the case file prior to purchasing. Please email the Tax Deed Department at [email protected] for case file information.
After you review the file and would like to find out the purchase price you will need to contact our office. We will have you complete an information form. We will contact the Tax Collector to ascertain the amount of additional taxes due from the time the parcel was placed on the “List of Lands Available for Taxes”. Our office will notify you of the total purchase price. The total will include the original opening bid and associated costs. Payment must be in the form of cashier’s check, or money order. When payment is received, we will prepare a Tax Deed and record it in the Official Records.
If you have any questions, please contact the Tax Deed Department at (904) 966-6282.
NOTE: Properties sold from the “List of Lands Available for Taxes” will be conveyed by Tax Deed. This form of deed is not a warranty deed. Any property that is sold from the “Lands Available for Taxes” is sold “AS IS” without any warranties or representations of any kind or character, express or implied, with respect to the property, including, but not limited to, warranties or representations as to matters of title, land use, zoning, tax consequences, physical or environmental conditions, availability of access, ingress or egress, valuations, governmental approvals, governmental regulations, or any other matter or thing relating to or affecting the property. Without limiting the foregoing, there are no warranties or representations concerning:
- the ownership of the property;
- whether the property is subject to any liens, easements or restrictions;
- the land use, zoning, value, condition, merchantability, marketability, profitability, suitability or fitness for a particular use or purpose of the property;
- whether any improvements, including buildings or mobile homes, are located on the property, or the value thereof;
- the manner or quality of the constructions or construction of materials incorporated into any part of the property;
- the manner, quality, state of repair, or lack of repair of the property, or of any improvements thereon; or
- whether utilities are available to the property.
Policy for Purchasing Lands Available for Taxes
- Pursuant to 197.502(7), for the first 90 days that a property is in Lands Available for Taxes, only the county may purchase the property for the opening bid and associated costs. After 90 days, anyone may purchase the land for the opening bid and associated costs.
- If you wish to purchase property from the list of Lands Available for Taxes, please contact the Tax Deed Department for a Payoff Statement. We will contact the Tax Collector to ascertain the amount of additional taxes due from the time the parcel was placed on the “List of Lands Available for Taxes”. Our office will notify you of the total purchase price. The total will include the original opening bid amount and associated costs.
- The buyer must come to the Tax Deeds office between 8:00 a.m. and 4:30 p.m., Monday through Friday, with cash, cashiers check, or money order made payable to “Clerk of the Circuit Court” for the total amount of the statement prior to the deadline. For customers out of town, you may mail your funds along with a copy of your statement to Bradford County Clerk of Court, 945 North Temple Avenue, Starke, Florida 32091. When payment is received, we will prepare a Tax Deed and record it in the Official Records – recording fees will apply as noted on the Payoff Statement.
- The Payoff Statement is valid through the last working day of the month in which the statement was provided – a deadline date will be included on the statement. On the first business day of the new month, additional interest will be due and a new statement will have to be prepared. YOU WILL HAVE TO SUBMIT A NEW REQUEST FOR PAYOFF STATEMENT IF IT IS A NEW MONTH.
- If there is more than one person or party requesting a Payoff Statement on the same piece of property, the property will NOT be held or reserved for any interested parties wanting to purchase the property. The property will be sold on a FIRST COME, FIRST SERVE, basis before the deadline date.
FORECLOSURES
The Clerk’s Office handles two parts of mortgage foreclosure cases. The first part of the case involves a mortgage company or lender filing to foreclose on a home or property due to an unpaid mortgage. For information on the first part of foreclosure cases, please visit our Circuit Civil division. The second part involves the sale of these properties at a public auction. The following information pertains to the auction and sale of foreclosures in Bradford County.
VIEW UPCOMING FORECLOSURE SALE INFORMATION
Clerk of Court Disclaimers:
- ABSENCE of plaintiff, attorney, or representative at the sale will not stop the sale unless the final judgement states otherwise.
- GENERAL INFORMATION NOTICE: Information or forms provided by the Clerk of Circuit Court should be considered as basic information only and may not be applicable to every situation. The information provided is not intended to be used as legal advice, and no party may rely on such information as legal advice. Specific guidance concerning foreclosures should be directed to a qualified attorney.
- ERRORS, OMISSIONS & INACCURACIES: The Clerk’s Office assumes no responsibility for any errors, omissions or inaccuracies in the orders.
- BUYER BEWARE: You are responsible for and must do your own research, including whether any of the defendants filed for bankruptcy protection.
- SUCCESSFUL bidders assume all risks when purchasing property at a foreclosure sale, and the clerk specifically disclaims all guarantees and warranties (express or implied) regarding the property sold at auction.
- ENCUMBRANCES: The Clerk’s Office assumes no responsibility for any encumbrances (judgments, mortgages, taxes, and other liens) on any property offered for sale.
- LEGAL ADVICE: The Clerk’s Office is not authorized to give legal advice. If you require legal advice, you should obtain it from a qualified attorney or some other source.
Policy for Bidding on Foreclosure Sales
- Bidders must be present to bid.
- Proxy bidders must have their final bids ready – you may not conduct bids using electronic devices (i.e. cell phone, ear pods, tablet, computer, watch, etc.). First violation will result in the bidder being asked to leave the sale; second violation the bidder will be barred for 6 months; third violation the bidder will be permanently barred.
- Bidders must demonstrate before the sale begins the ability to post a deposit. If the bidder does not have their deposit, the bidder will not be able to bid in the scheduled sale.
- The highest bidder shall immediately be required to pay a non-refundable deposit, per parcel, at the time of their bid. Cash or a cashier’s check made payable to the “Clerk of Court” is required for deposits. Deposits must be 5% of their final bid, unless the judgment states otherwise (F.S. 45.031). If the highest bidder does not have the required deposit, the next highest bidder will be considered.
- After making a deposit, the bidder is required to pay documentary stamps on the Certificate of Title ($.70 per $100) and the Registry of Court Fee (3% on the first $500 and 1.5% on the balance of the total amount deposited) with cash or a cashier’s check made payable to the “Clerk of Court” by 4:00 p.m. of the next business day. If the successful bidder does not make the full payment timely, their deposit will be forfeited, and they will be barred from bidding on future foreclosure sales. The clerk will readvertise the sale and from the forfeited deposit and will apply any remaining funds toward the judgement.
- A Certificate of Sale is issued by the clerk once all proceeds are paid in full. The defendant has 10 days to object to the sale. A Certificate of Title is issued on the tenth day after the Certificate of Sale is issued.
- Bidders must sign-in after reading the clerk’s policy and disclaimers regarding foreclosure sales – your signature acknowledges your understanding of the policy and disclaimers.
Frequently Asked Questions
When and where are foreclosure sales held?
All Bradford County foreclosure sales occur in the Bradford Courthouse and begin at 11:00 a.m., on the date listed in the link above.
How do I obtain a copy of the foreclosure judgment?
Copies of the judgments and other documents may be obtained at $1.00 per page in the Civil Department of the Clerk’s Office.
How do I find the location of the foreclosed property?
The final order will contain a legal description of the property being foreclosed. With this description, you can find street address information at the Property Appraiser’s office located at 945 North Temple Avenue, Suite A, Starke, Florida 32091, or by visiting the Property Appraiser’s website at www.bradfordappraiser.com.
How do I find property tax information on the foreclosed property?
The property tax information can be found at the Tax Collector’s office located at 945 North Temple Avenue, Suite B, Starke, Florida 32091 or by visiting the Tax Collector’s website at www.bradfordtaxcollector.com.
How do I research if there is a judgment, mortgage, or lien on the foreclosed property?
You can search the Official Records by visiting www.myfloridacounty.com.
How do I research if the foreclosure property has a “clean title”?
It is the responsibility of the interested bidder to do all research for the property involved, including whether any of the defendants has filed for bankruptcy protection. it is in your best interest to have a title search done by an attorney or a title company; however, you may also search the official records.
How do I find a Title Company or Attorney?
The Clerk’s Office cannot recommend a title company or attorney to you. You can find a qualified attorney or title company by contacting the Florida Bar who is able to provide legal referrals. You can contact the Florida Bar at 850-561-5600 or at https://www.floridabar.org/ . Click on the “Find a Lawyer” button then click on the “Lawyer Referral Service Site” link. You can also research the Florida Realtors Association by visiting their website at https://www.floridarealtors.org/index.cfm.
How do I file an objection to a foreclosure sale?
An objection to the sale may be filed by a party within 10 days after the filing of the certificate of sale. If objections are filed, the Judge will rule at a hearing as to whether or not a Certificate of Title is to be issued. The right of redemption may be done at any time before the later of the filing of a certificate of sale by the clerk of court or the time specified in the judgment, order, or decree of foreclosure (F.S. 45.0315).
How and when do I take possession of the foreclosed property?
A Certificate of Sale is issued by the Clerk once all proceeds are paid in full and on time. A Certificate of Title is issued by the Clerk on the tenth day after certificate of sale is issued. The defendant has ten days to object to the sale. If the tenth day is a non-business day, the next business day will be treated as the tenth day. If objections are filed, the Judge will rule as to the issuance of the certificate of title. If the defendant files bankruptcy, the Clerk is stayed from issuing a Title or taking any action pending further Order of the Court.
If you have additional questions concerning the procedures for foreclosure sales held by the Clerk of Court, please contact our office at (904) 966-6282.