Homestead Exemption Miami Florida

6 Replies

Hi All. Seasoned investor but venturing into off market deals. I have a deal in Miami, Fl where the owner was claiming Homestead exemption on two properties seemingly unknowningly as someone does advice them on these things (not an accountant) but irrelevant to myself and the County. However, the amount is large over $100k. Does anyone have any experience in dealing with Miami-Dade County in getting the amount at least reduced? Ive called a few attorneys and no one will take it on. I had a few conversations and the information I was given turned out to be incorrect. She will do or sign anything to get out from under this house, so it is imperative that I get this reduced so I can close this deal. Any help is appreciated. 

Doubtful they will reduce it. The homeowner was committing fraud. Everyone has to pay their fair share, so asking the county to reduce it is asking the county for special treatment..and probably not allowed by law.

Before you get on your paying your fair share high horse. This becomes a business decision for the county. They can take a lower amount or get nothing. There is no way she is paying it and the home needs a full rehab. These liens can sit forever on the home, its not like a tax lien where it goes to auction. The home isnt worth it and the family cant pay. The home has a mortgage which she is going tot let go into foreclosure and the home has been vacant for a year now. Its an eye sore in the neighborhood and it will never be flipped due to the equity or lack there of. And no its not illegal people settle all the time for back homestead taxs, I just haven't done it before in this county and they are being stubborn. I asked to see if anyone in the area had any advice or an experience to share.

I pay MORE THAN MY FAIR SHARE--but the counties demand it. I have 12 non-homestead properties in FL. Why wouldn't the attorney's take the case? Did they give a reason. As far as I know, once the taxes have not been paid, it goes to a tax lien cert auction. Has this happened and there were no bidders? If so, apparently they don't believe there is enough equity to protect their investment. 

No, as far as I know FL counties do Not reduce/settle on property taxes. Only after the property has been through the tax certificate/deed process, with no bidders and if it reverts to county owned.
I’ve only run across this “improper homestead application” a couple of times and the counties seem not lenient at all, even if it appeared unintentional. I don’t think they can reduce, by law.

Originally posted by @Wayne Brooks :

No, as far as I know FL counties do Not reduce/settle on property taxes. Only after the property has been through the tax certificate/deed process, with no bidders and if it reverts to county owned.
I’ve only run across this “improper homestead application” a couple of times and the counties seem not lenient at all, even if it appeared unintentional. I don’t think they can reduce, by law.

iF reduction IS possible, it can only be obtained by the owner, OR AN ATTORNEY REPRESENTING THEM, OR EVEN A LICENSED APPRAISER REPRESENTING THEM. An investor can walk in and try to make their case, but it will fall on deaf ears. I suspect it could only be reduced by the penalty, but the county may not care. It is their job to tax all properties equally, and if someone has committed fraud, it seems it would be harder to get any leniency.
NOT a lawyer--and not playing one a Bp---just an interested bystander trying to learn!

Hey guys thanks for the exchange. She does the talking and is the one speaking to them. Our next step is a face to face which we have not had yet. Attorneys wont take it because its not worth their time basically. Im not sure where you guys get the info but Homestead tax lien dont go to auction. This home has been in this scenario now for over 2 years and has never been to an auction or received a letter. My attorney checked as well and the property appraiser office confirmed that it wont go to auction. But, sounds like we might be stuck in this one but I'll push through and let you guys know what my outcome is.