A time limit has been placed on submitting claims for Tax Deed Surpluses.
State of Florida, April 16, 2018 – The Law Offices of Travis R. Walker has been keeping up with Senate Bill 1504 and House Bill 1383 since they were introduced. The House Bill was passed in the legislature and signed into law by Governor Scott. We knew this bill would influence how we handle our Interpleader cases, and we wanted to be apprised of all necessary information to ensure our Clerk clients will continue to receive the best possible representation.
Here we will summarize the new bill’s components and how they will affect the free services we provide to the clerks we proudly represent.
The revised statute has put a limit on the amount of time a lienholder has to make a claim on any tax deed surplus to 120 days after the Notice of Surplus Funds from Tax Deed Sale is sent to the appropriate lienholders. We expect a significant drop in the number of Interpleader cases to be filed under the new statute’s rules because of this restricted time limit. However, we will still plan to interplead necessary files, as usual, when filed within the 120-day period.
The statute also states that if no lienholders file a claim for the surplus, those funds must be remitted to the state. Our role in this process will be to send a memorandum to the Clerk to recommend how those funds get distributed to the State.
Protecting our clerks from liability and fraud is what makes us proud to represent these 19 counties throughout the state of Florida. With the tax deed surplus industry flooded by fraud every day, our free legal services protect the Clerk’s offices from liability by identifying fraudulent claims thereby preventing improper distributions.
The tax deed surplus services which are currently provided to over 25% of the clerks in Florida will still be cost-free and will now include recommendations on unclaimed tax deed surplus cases. Our goal is to alleviate Clerks’ Tax Deed Surplus workload by providing a team they trust.