Behind on property taxes in Sarasota County?

How a tax sale works in Sarasota County

Florida does not sell a house as soon as taxes go unpaid. Each year the Tax Collector offers tax certificates on unpaid taxes: a bidder who buys one pays those taxes and holds a lien on the property, and a certificate nobody buys is issued to the county. If the certificate is not redeemed, once two years have passed from April 1 of the year it was issued, its holder may apply for a tax deed, and the Clerk of Court can then sell the property at a public auction.

The sale is run by the Tax Collector (certificate sale) and then the Clerk of Court (tax deed sale).

Path 1: Keep the house

In Florida, a tax certificate is generally not sold for a year’s taxes that are paid in full, with interest and costs, before the certificate sale. Once certificates have been sold, a tax deed sale generally does not go ahead if the outstanding certificates are redeemed in time, as described below.

The Sarasota County tax office collects these taxes and keeps the account balances.

• Under Florida law, a tax certificate may be redeemed after it is issued and until a tax deed is issued, unless the winning bidder’s full payment for the tax deed has already reached the Clerk of Court. Redemption is paid through the county office that handles it, which can depend on whether a tax deed application has been filed. (Fla. Stat. § 197.472)
• Florida law also offers a quarterly installment plan for upcoming taxes to owners who qualify and apply to the Tax Collector by the deadline the statute sets. It does not cover taxes that are already delinquent. (Fla. Stat. § 197.222)

After a sale: redemption

In Florida, the right to redeem lasts until the tax deed is issued, or ends earlier if the winning bidder’s full payment for the deed has already reached the Clerk. Florida law gives no right to redeem after the deed, though separate federal protections can apply in narrow cases, such as for some servicemembers. Redemption generally means paying the amount due on the outstanding certificates, with interest, fees and any costs of a pending tax deed application.

Path 2: Claim surplus money from a sale

If a tax deed sale brings in more than the amounts owed, the Clerk of Court holds the surplus and sends notice to people who may have an interest in the property. A claim has a deadline, which the Clerk’s notice states.

In Sarasota County, public records we track list 208 past tax sales with surplus, totaling $2,511,267. The typical amount is $4,711.

A person with an interest can file a surplus claim directly with the Clerk, without a paid recovery company.

Court filings are searchable through the Sarasota County Clerk of Courts.

More detail: how surplus funds claims work.

Path 3: Sell the house, including an inherited one

Some owners and heirs in Sarasota, North Port or Venice who do not plan to keep a house sell it before a tax deed sale, on the open market or to an investor. In a sale, the delinquent taxes and any outstanding tax certificates are normally paid off from the proceeds at closing.

When an owner has died, selling the house generally requires someone with legal authority to sign, which can involve probate. In Florida, probate is handled by the Circuit Court, generally in the county where the person lived if they lived in Florida, or in a county where the property is if they lived elsewhere. (Fla. Stat. § 733.101)

Common warning signs in an investor's offer

• A request for an upfront fee.
• A request to sign a deed or a power of attorney outside a closing at a title company or attorney’s office.
• An offer to "handle the taxes" in exchange for signing over the house.
• An offer that is not in writing.
• An investor’s offer to buy a house is a different thing from surplus money the Clerk may hold after a tax deed sale. Signing a deed or an assignment can affect who is entitled to claim that surplus, and a person with an interest can file a surplus claim with the Clerk directly.