HENDRY COUNTY TAX DEED SALES
WHAT IS A TAX DEED SALE?A tax deed sale is a public auction where property is sold to the highest bidder to recover delinquent property taxes. (Chapter 197, Florida Statutes )
WHO CONDUCTS THE TAX DEED SALE?A deputy clerk employed by the Clerk of the Circuit Court of Hendry County, Florida, conducts the sale.
WHERE IS THE SALE HELD?The tax deed sale is held in the hall outside the Clerks office, in the Administration Wing, 2nd floor of the Hendry County Courthouse. The street location is 25 E. Hickpochee, LaBelle, Florida..
WHEN IS THE TAX DEED SALE HELD?Tax deed sales are held several times per month on Tuesdays and/or Thursdays. Dates can be reviewed on www.hendryclerk.org, under tax deed sales.
ARE THE SALES ADVERTISED?Yes, upcoming sales are advertised in the Clewiston Newsor Hendry Glades Sunday News applicants choice. The notices are published once a week for four (4) consecutive weeks.
HOW DO I FIND THE LAND?You must do your own research for the property involved. The Tax Deed Clerk uses only legal descriptions, provided by the Tax Collector of Hendry County. With this description you can obtain information from the Property Appraiser, or from the Building and Zoning Department. The Property Appraiser web site is www.hendryprop.com.
WHAT LIENS OR ENCUMBRANCES SURVIVE AGAINST A PROPERTY AFTER IT IS SOLD AT A TAX DEED SALE.Governmental liens and judgements survive the issuance of a tax deed sale and are satisfied to the fullest extent possible with any overbid monies from the sale. Governmental liens not satisfied in full, survive and remain against the property. By researching the Ownership and Encumbrance Report filed in each tax deed file will reveal any liens. The Clerks office is not responsible for any discrepancies or omissions on the report. Should you have any questions concerning what liens and judgements survive the tax deed sale, consult an attorney, we cannot advise you.
CAN THE PROPERTY OWNER STOP THE SALE OF THE PROPERTY?The owner or mortgage company can “redeem” the property from the tax deed sale by paying the amounts owed to the Tax Collector and Clerk of Circuit Court. The tax deed clerk will make every effort to keep this list updated for any last minute redemptions.
DO I HAVE TO REGISTER WITH THE CLERKS OFFICE BEFORE THE SALE?Yes, please arrive a few minutes prior to 11:00 A.M. to register. You or your representative must be physically present at the sale in order to bid. A two hundred dollar ($200.00) cash deposit will be collected .per parcel purchased. If you are a successful bidder your $200.00 deposit will be applied to the cost of the land. If you are unsuccessful your deposit will be refunded after all parcels have been sold. It is recommended that you research the properties for zoning restrictions, liens, etc., prior to the sale. Files are available for review on any day except sale day.
HOW IS THE BASE BID DETERMINED?If the property is not homestead, the opening bid is the total of unpaid taxes that are delinquent or became due prior to tax deed application, interest, and the administration fees of the Tax Collector and fees of the Clerk of Circuit Court (Fl Dept of Rev. 12D-13.063 paragraph 3). If the property is homestead, half of the assessed value from the tax roll is added to the above amounts.
IF I AM THE HIGHEST BIDDER AT THE SALE, WHAT DO I NEED TO DO?You are required to remain until the auction is complete and then come into the clerks office. You will be given a slip with the exact figures, including the amount for recording and documentary stamps as this is also an additional cost that the successful bidder is responsible for. You will also fill out a form with the correct name/names and address to be placed on the deed. The amount due must be brought back to the Clerks office within 24 hours, being paid in cash or cashiers check.
WHAT IF I AM THE HIGHEST BIDDER AND FAIL TO RETURN WITH PAYMENT?If full payment is not made within 24 hours (either in cash or cashiers check) your $200.00 deposit will be forfeited. The clerk may refuse to recognize the bid of any person who has previously bid and refused, for any reason, to honor such bid”. Therefore, you will be barred from any future bids.
IF I AM THE SUCCESSFUL BIDDER, CAN I TAKE IMMEDIATE POSSESSION?It is possible you will have to take legal action to get possession of the property. Until possession is granted by the Court, you may not have access to the property; without permission of the prior owner. The Clerk’s Office assumes no responsibility for the availability of any property offered for sale.When considering tax deed properties, please be advised that ALL PROPERTIES ARE SOLD BUYER BEWARE.
HOW LONG DOES IT TAKE TO RECEIVE THE TAX DEED AND DO I GET CLEAR TITLE?You should receive your deed by mail within 2-3 weeks from the sale date. All properties sold at a tax deed sale qualify under “Buyer Beware”. The purchase of a tax deed does not guarantee clear and marketable title. The successful bidder will have to make arrangements with the previous owner, or hire an attorney to proceed in Court with what is called a “Quiet Title Action”, to acquire marketable title. Information on Quiet Title Actions and costs is only available from an Attorney who handles these cases. The previous owner of the property has until the Tax Deed is issued (Recorded) to redeem the property. If the property is redeemed before the Tax Deed is issued, the successful bidder will be refunded any money that has been paid.
IF NO ONE BIDS ON PROPERTY, WHAT HAPPENS?If the property goes up for bid and no one bids, it then goes to the applicant holding the tax certificate. If the applicant is Hendry County, the property goes on the “List of Lands Available” and can be purchased after it has been listed for 90 days. The purchase price is determined by the base bid and any taxes and interest that have accrued on the property since it was placed on the list. WE RECOMMEND YOU PLEASE READ FLORIDA STATUTES CHAPTER 197.FOR LEGAL ADVISE, PLEASE CONSULT AN ATTORNEY.PRESENT TAXES MAY NOT BE DELINQUENT AT THE TIME OF THE SALE, BUT THEY MAY BE DUE. IT IS THE RESPONSIBILITY OF THE SUCCESSFUL BIDDER TO PAY ANY PRESENT TAXES DUE.