Posted by JT-IN on March 29, 2008 at 11:17:36:
In Reply to: a quote from our county clerk's site posted by carolfl on March 29, 2008 at 08:07:17:
In some ways... The original question is about a mtg foreclosure... and in FL for a properly executed mtg foreclosure, the IRS liens would be gone (subject only to the 120 right of redemption).
Tax Deeds are not really my strong point in foreclosures, but again, if they are properly executed the IRS lien would be gone as well. Keep in mind that Clerk of Courts will make CYA type of statements, and I think this is one of them. Although property taxes are never discharged, so that statement is theoreticaly accurate. Even certain state and muni liens can and do survive a foreclosure sale, but not usually revenue liens. Usually things like child support or for safety repairs made by a muni, or back utitlies may survive.
I realize you are banking on the letter of the statement by the Clerk, which isn't always correct. You might want to have a chat with a title Atty in your area who also does some foreclosures, and they can set you straight.
Also, back the statement above by the Clerk: "for the year of the sale"... I guess that would leave out a revenue lien from last year or years prior. Again, it is a caveat designed to be stated in advance of the sale so that no one can come back on the Clerk and say that they were not warned... in the event that a lien survives the sale. Granted, all property taxes due will survive the sale not matter what, as they are the highest and best lien against the property.
Hope this helps some.
JT-IN
- Re: Tax Deeds and Mtg foreclosure disimilar carolfl 11:30:02 03/29/08 (1)
- Re: Tax Deeds and Mtg foreclosure disimilar Bill H 16:07:06 03/29/08 (0)