[RPPTL LandTen] tenants and tax deeds / assessment liens

[Greg Hass]

Thanks Shane and Cary.  I’ve been leaning towards Cary’s view since I don’t believe the word “foreclosure” is actually used anywhere in the tax certificate / tax deed statutes.  However, I have seen the “F” word used loosely in old seminar materials I have on the subject.  So while the statute might not describe the process as a “foreclosure”, it does appear to have several characteristics of a foreclosure which lends credence to Cary’s argument.  It will be very interesting to see what a circuit judge will do when faced with a tenant trying to use the PTFA as a shield when the tax deed grantee shows them this statute:

197.562 Grantee of tax deed entitled to immediate possession.—Any person, firm, corporation, or county that is the grantee of any tax deed under this law shall be entitled to the immediate possession of the lands described in the deed. If a demand for possession is refused, the purchaser may apply to the circuit court for a writ of assistance upon 5 days’ notice directed to the person refusing to deliver possession. Upon service of the responsive pleadings, if any, the matter shall proceed as in chancery cases. If the court finds for the applicant, an order shall be issued by the court directing the sheriff to put the grantee in possession of the lands.


Regards,
Greg

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Cary Sabol
Sent: Thursday, September 01, 2011 11:48 AM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] tenants and tax deeds / assessment liens

Greg,

My two cents:  I don't believe a Tax Deed Sale is a "foreclosure" as there are no court/foreclosure proceedings required.  It's more of an administrative or levy situation.  From what I know, the Tax Collector sends out Notice and the Clerk holds the public auction, but there are no formal court proceedings or a judgment, so I don't that makes it a "foreclosure."  However, I have been wrong before, so take it for what it's worth (i.e. 2 cents).
Cary
Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416
Phone: (561) 281-2744

Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.

From: Shane Weaver <sweaver at legalaidpbc.org>
To: 'RPPTL Landlord Tenant Committee' <landten at lists.flabarrpptl.org>
Sent: Thursday, September 1, 2011 11:41 AM
Subject: Re: [RPPTL LandTen] tenants and tax deeds / assessment liens
Greg,

Any foreclosure of a dwelling or residential property is subject to the PTFA. The Act does not make any distinctions between bank foreclosures, association liens, mechanic’s liens, etc. So if a tax lien must be foreclosed upon, then it too should fall under the Act.

Sincerely,
Shane

Shane Weaver, Esq.
Legal Aid Society of Palm Beach County
423 Fern Street, Suite 200
West Palm Beach, FL 33401
Tel. (561) 822-9785
Fax (561) 822-9885

From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Greg Hass
Sent: Wednesday, August 31, 2011 3:21 PM
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] tenants and tax deeds / assessment liens

My understanding is that the federal Protecting Tenants at Foreclosure Act does not give any protection to a tenant living in a home that is the subject of a Florida tax deed sale.  However, it does protect the tenant where an association forecloses an assessment lien.  Correct?

Thanks,
Greg

Greg Hass, Senior Counsel

Office of Law & Policy | FloridaRealtors®
7025 Augusta National Drive, Orlando, FL 32822
talk: 407.438.1400, ext. 2421
visit: http://www.floridarealtors.org

The Voice for Real Estate® in Florida

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