NOTABLE TAX DEED CASE

Sherri K. DeWitt, who has been practicing civil, real estate, and divorce law in Orlando for almost 25 years, argued and prevailed in a case before the Florida Supreme Court that may have far reaching impact on property owners in Florida.

Mrs. DeWitt’s clients, the Rosados, owned a house in Altamonte Springs, Florida that was being used by a disabled relative. Because of a mistake made by the clerk and the tax collector’s office, they lost the house in a tax deed sale despite their diligent efforts. The Rosados no longer lived at the house, so they notified the clerk of court and the tax collector’s office of their change of address via certified, return receipt U.S. Mail. Despite this double notice, the tax rolls were never updated with their correct address, so the clerk never sent notice regarding taxes on the property to the correct address. Because of this error by the county, the Rosados never knew that taxes were due until the investors that purchased the house at a tax deed sale, tried to clear title to the property. Naturally, the Rosados were shocked to find their house had been sold without their knowledge, and turned to Mrs. DeWitt to help them get their house back. Mrs. DeWitt argued that it was unjust and unconstitutional for her client’s house to be sold at auction for taxes without her client’s knowledge when they had made great effort to keep the tax authorities informed of their correct address. Such a sale was unfair to her clients and set the wrong precedent for the protection of property in Florida. At the time of trial, the law in Florida was against her clients. Mrs. DeWitt challenged that law.

Mrs. DeWitt received an en banc decision in favor of her clients from the 5th District Court of Appeals. The matter was then appealed to the Florida Supreme Court. Mrs. DeWitt and her clients believe that justice prevailed when the Florida Supreme Court decided in their favor, and would caution other Florida property owners to be sure to update their address with the tax assessor’s office. Most importantly, property owners must keep proof of mailing the change of address, as the Supreme Court ruling turned on just such proof of mailing.

For more information regarding this case please follow this ink to Ms. DeWitt's website.

 

Investing in Tax Deeds Main Page

FL Statutes Chapter 197:Tax Collections, Sales, and Liens

Link to Florida's County Clerk's Offices, Property Appraisers & Tax Collectors

Notable Case regarding Notification of Owners

National Association of Counties

Tax Title Certification as a Substitute for Quiet Titles

Capital Loss Flier

Tax Deed Property Analysis Sheet

 

Attorneys who specialize in Tax Deeds & Quiet Title Actions

       Mr. Frazier is available to answer any questions you might have.  Please call their office and speak to him or his assistant Terri.  They are expecting to get a few calls from my class.  Just tell them that you heard about him through Sandra Edmond of Ardnas, Inc and he'd be glad to give you any information you might need.   Frazier has an office in Flagler County but you want to call the office in Jacksonville to talk to him directly.  He has done Quiet Title Actions in North Florida as well as Central Florida, and other Florida counties.