What Is a Tax Deed? A Plain Florida Answer
By Israel Chen ·
Short answer: A tax deed is the deed a county clerk issues to the highest bidder at a public auction of property with unpaid taxes. In Florida it follows a tax certificate that was never redeemed. It gives you the property as-is, without any promise of clear, marketable title.
Why it's different from a normal deed
In a normal sale the owner signs the property over. With a tax deed the government takes the place of the seller, and the owner may never have agreed to anything. That's why title insurers look at these deeds closely.
What it wipes out
Section 197.552 says that, except as the chapter provides, no right, interest, restriction or other covenant survives a tax deed. One exception is a lien of record held by a municipal or county government unit in certain cases, so check for those.
What it doesn't promise
Collier's clerk warns that the deed does not guarantee clear and marketable title, and parcels are sold as-is. Quiet title or a title certification usually comes next if you plan to resell.
Questions
What is the difference between a tax deed and a warranty deed?
A warranty deed comes from an owner who promises good title. A tax deed comes from a clerk after an auction for unpaid taxes and promises nothing about title.
Sources
- Franklin County Clerk (quoting s. 197.552)
- Collier County Clerk: tax deed sales
- Section 197.542, Florida Statutes
Israel Chen buys Florida tax deeds, mostly in Volusia County. MBA, second-year law student (not a lawyer) and computer scientist. About me.
Next: the Florida guide, the Volusia guide, the glossary, or work with me. Not legal, tax or investment advice.