Tax deed litigation is a specialized area of law dealing with issues that arise when there is a challenge to a tax deed sale. These challenges can arise in a variety of ways. For example, a homeowner might challenge a tax deed sale because he or she did not receive notice of the sale. However, simply because a homeowner does not receive notice of the sale in and of itself, is not a sufficient reason to void the sale.
Notice of a tax deed sale must be reasonably calculated under all of the circumstances to give notice to the property owner. For example, if the county knows that the property owner does not reside on the property, then it is insufficient notice merely to mail a notice to that address and post the property with a notice of the sale. The county must take other measures to attempt to locate and notify the property owner. Similarly, and most importantly, if the property owner notifies the county of a change in address, but the county fails to notify the property owner of the sale at that changed address, and the property owner does not receive notice of the sale, then the sale may be set aside.
It is not just the owner of the property that can challenge a tax deed sale. If the property sold is submerged land or is a common element of a subdivision, then homeowners owning property contiguous to the property sold, also have standing to challenge the sale.
Tax deed litigation primarily focuses on constitutional due process arguments. Both the United States Supreme Court and the Florida Supreme Court have heard cases involving federal and state constitutional arguments addressing the validity of tax deeds. As tax deeds become more popular, this is an area of law that continues to develop and change.
Purchasers of property at tax deed sales need to be aware of the growing grounds to challenge tax deed sales. These grounds increase the risk to investors purchasing property at tax deed sales. It is prudent for investors to work with attorneys prior to purchasing tax deed properties to review the county records to help minimize the risks by taking the appropriate precautions.
If you are an individual who has lost your property to a tax deed sale, it is advisable to consult with an attorney experienced in tax deed litigation to determine whether or not you have a basis to file a suit to void the sale. This inquiry will be fact intensive and fact specific, so be prepared to discuss in detail the circumstances leading up to the tax deed sale.
Tax deed litigation is a growing and increasingly complex field. If you have an issue regarding a tax deed or are contemplating becoming an investor and purchasing tax deeds, consult with an attorney so that you can better understand this developing area of law.
With over 25 years of dedicated service, the DeWitt Law Firm has earned a reputation for integrity and compassionate legal support in Florida’s family law courts. We know the stakes are high—emotionally and financially—and we are committed to achieving the best outcomes for our clients.
Feeling overwhelmed by the legal process and the stress of family disputes, give us a call. We’re here to make this process smoother and to protect your rights every step of the way. Schedule a consultation with us today. Let DeWitt Law Firm be your guide and advocate in your family law proceedings in Florida.
