Q: Do I have pay previous liens on a tax deed property I acquired on 8/2017?
I acquired a tax deed property on 8/2017. When I acquired this property, I paid all the taxes to get it to auction. The county also did a title search and there was nothing found in the means of liens, encumbrances,etc. I now own this parcel and my current tax bill has a lien on it and according to code enforcement, I also have 2 other liens. Also these liens are from 2015 and are not current. I want to find out if I need to pay them especially since all 3 liens were from 2015, and were not my doing and therefore not my responsibility. Can I demand Code Enforcement to take these liens off ?
A: Typically, code enforcement liens survive a tax deed.
The list of what survives a tax deed sale is very small, but code enforcement liens are on that list if the ordinance under which it was levied complies with Florida Law. Most all municipalities long ago fixed their statutes and ordinances to address any deficiencies with enforcement.
Unfortunately you most likely have to deal with the lien by 1) correcting the violation and 2) paying or seeking mitigation of the amount of the assessment through the building department.
A: This is why you hire a lawyer BEFORE bidding on property at foreclosure/tax auction to work through these other liens and what will survive. Code liens are not usually extinguished by tax sale and are not removable because you didnt do due diligence before bidding. You will need to correct the violations and mitigate the fines via special master hearing with an attorney.
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