Elmont, NY asked in Foreclosure and Real Estate Law for Florida

Q: How do I determine if Land Purchased in 1925 by a Direct Blood Relative was Properly Foreclosed according to 1920s Law?

Own an Orig October 1925 Warranty Deed for a Land Parcel (.23 Acres, 4 Lots) purchased by my Great Uncle (Maternal Grandmother's Brother) from the Federal Corporation. Parcel is in Northern Florida. I am a Direct Heir. He worked/resided in both Wash DC and Baltimore at that time. Died early 1927. Single. Never Married. No Children. Land likely sold in Property Tax Lien Foreclosure late 1920s-early 1930s. How do I determine if Foreclosure was Legally performed each and every step of the way according to the then State Law? How do I determine if Land ever truly had clear Title after my Great Uncle's Ownership? That Generation is all Deceased. Heard rumors about the Land for years when that Generation was alive. No Family Member Living or Dead had ever received or ever heard about receiving any Legal Notice/s from any Gov't Entity Related to Property Taxes Due or Back Taxes owed on the Parcel. Land, today, is part of a Public High School Campus.

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2 Lawyer Answers
Richard Paul Zaretsky
Richard Paul Zaretsky
Answered
  • West Palm Beach, FL
  • Licensed in Florida

A: The statutes of limitation, doctrine of laches and waiver all will bar you from making any claim that is almost 100 years old. Most of these statutes are 4 or 5 years. At most, 20 years.

If you really wanted, you could have an attorney do an abstract of the history of title and the basis for each of those titles. It would be expensive and not worth your time or money in the end.

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida's Marketable Title Act would also in all likelihood bar any successful claim as to the property.

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