NEED EXPERTISE PLEASE! TAX DEED SALE!

[Daniel Miller]

I am currently under contract with an individual who purchased a property, via Florida Tax Deed Sale, less than three months ago.

I have looked up the county records and he did actually purchase it from the county. I just received an e-mail back from the title company stating that they cannot grant title insurance on the property because he has not filed a suit to quiet title. He can either file the suit to quiet title or wait four years to make this property eligible for title insurance.

I am having one of my friends (a woman at a closing agency) dig into this and see if there are any existing liens, encumberances, etc.

He does not want to do that. Also, he will only sell through a Special Warranty Deed. I understand that MORE THAN LIKELY everything would work out but I am not willing to take that chance.

What would your next move be? I want the property and am willing to work with the seller.

Should I go through and purchase the property and file a suit to quiet title myself (I will take $5,000 off the purchase price or negotiate something like that)

Should I attempt to force the gentleman selling the property to file a suit to quiet title?

I am uncomfortable because I have no recourse against anyone who owned the property before this previous seller.

[Matt Devincenzo]

Originally posted by @Daniel Miller:

E-mail from agent...

Hi Dan, I am also working on this for you as well....My title company is finding out what to do. You will have to do suit for quite title after you own the property.

My understanding is that because Regions did not pay taxes the property was legally sold and they no longer have a lien on the property. I will also check with a Real Estate broker I know that does this all the time.

Talk to you soon.

I don't think that is an accurate statement. The truth is that it depends on if they were properly notified of the sale, if they weren't then they can prevail in the suit. That is why they require the quiet title prior to issuing title insurance.