What survives the deed, and clearing title

You'll hear that a mortgage can survive a Florida tax deed. Read the statute. Section 197.552 says that no right, interest, restriction or other covenant survives the issuance of a tax deed, except as chapter 197 specifically provides. So here's what the chapter does keep alive:

• Local government liens. A lien of record held by a municipal or county governmental unit survives if the sale proceeds didn't satisfy it. Code enforcement is the one to search for.
• Easements. Section 197.572 keeps easements such as drainage, access and public service.
• Restrictions and covenants. Section 197.573 keeps them, except covenants that create a debt or lien on the property. Forfeitures and reverter rights are destroyed.

Federal tax liens

The IRS is a separate question. Federal law can give the United States a right to redeem after a nonjudicial sale, generally at least 120 days under 26 U.S.C. section 7425. If the file shows a federal tax lien, ask a Florida attorney before you bid.

Condos and associations

Restrictions surviving matters most here. In Built Green Corp. v. Environ Condominium II Association (Fla. 4th DCA, September 23, 2026), as one law firm reports it, a tax deed buyer of a Broward condo stayed bound by the declaration and faced assessments due after the sale. Budget for the association before you bid.

Possession and notice

Section 197.562 entitles you to immediate possession, and if it's refused you can seek a writ of assistance on 5 days' notice. A deed is prima facie evidence that the sale was regular, but a bad notice can undo it. Courts have reversed tax deed sales over deficient notice. If a challenger wins, section 197.602 has them repay what you paid and the taxes, with 12 percent interest a year.

Why title still needs work

Collier's clerk says it plainly: a tax deed doesn't guarantee clear and marketable title. Title insurers may not cover a resale straight away. The two usual routes are a quiet title action through a lawyer, or a title certification from a specialist firm such as Clear to Sell or Tax Deed Closings. Ask each for its current process, price and underwriter terms, and put that cost in D.

Surplus, and land nobody bid on

Anything above the opening bid is surplus. Under section 197.582, people with an interest have 120 days from the clerk's notice to file a claim, and late claims are barred. Parcels with no bidders can go on the lands available for taxes list. The county gets the first 90 days on the list, then anyone can buy from the clerk for the opening bid. Three years after the land was offered for sale, it escheats to the county. Nobody bid for a reason, so research those twice.

Check yourself

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