How to Buy Property With Delinquent Taxes in Florida

There are two ways to buy property with delinquent taxes in Florida, and they are not the same transaction. You can buy a tax certificate, which is a lien against the property that pays interest and, after enough time, can be converted into an auction of the property itself. Or you can bid at a tax deed sale, where the winning bidder walks away with ownership. Both routes are set out in Chapter 197 of the Florida Statutes, and both carry costs and title risks that the low entry prices tend to hide.

The Two Paths, in Plain Terms

A tax certificate gives you a lien. A tax deed gives you the property. If your goal is to acquire real estate, the certificate is a slower, more speculative route toward that goal, and the tax deed auction is the direct one. Many buyers use both: they hold certificates on properties they want, then apply for a tax deed once they are legally eligible.

Buying a Tax Certificate

When a Florida owner misses the tax deadline, the county tax collector places a lien and sells it as a tax certificate. Buying one does not give you any ownership interest. You get the right to collect the delinquent tax amount plus interest if the owner redeems.1Florida Senate. Florida Code 197 – 197.432

Every county holds an annual certificate sale, usually in late May or June, and most are now online. You register with the county tax collector in advance and fund a bidding account. At auction, bidders compete by offering the lowest interest rate they will accept, starting at the statutory ceiling of 18 percent and working down.2Official Internet Site of the Florida Legislature. Florida Statutes 197.172 Whoever accepts the lowest rate wins. On desirable properties in competitive counties like Miami-Dade and Broward, certificates routinely sell at zero percent.

Even a zero-percent certificate earns a mandatory 5 percent minimum if redeemed, and a separate 3 percent charge applies during the first 60 days of delinquency.2Official Internet Site of the Florida Legislature. Florida Statutes 197.172 After you win a bid, you pay the delinquent taxes and fees in full and receive the certificate.

The certificate has a shelf life. If nobody applies for a tax deed and no legal proceedings are pending, it expires and becomes void seven years after issuance, and the county keeps your money.3The Florida Legislature. Florida Statutes 197.482 – Expiration of Tax Certificate Vacant lots that nobody wants back are the classic way to lose your entire investment this way.

Applying for a Tax Deed as a Certificate Holder

Holding a certificate lets you eventually force a sale. You become eligible to apply for a tax deed once two years have elapsed from April 1 of the year the certificate was issued.4Florida Senate. 2025 Florida Stat. 197.502 – Application for Obtaining Tax Deed by Holder of Tax Sale Certificate; Fees A certificate from the June 2024 sale, then, becomes eligible after April 1, 2027.

You file the application with the county tax collector, not the Clerk of the Circuit Court. At the time of application you have to pay off every other outstanding certificate on the property, plus accrued interest, omitted taxes, delinquent taxes, and current taxes if due. You also cover the costs of bringing the property to sale, including title searches and mailing.4Florida Senate. 2025 Florida Stat. 197.502 – Application for Obtaining Tax Deed by Holder of Tax Sale Certificate; Fees On a property with several years of unpaid taxes and multiple certificate holders, this front-loaded cost can be substantial.

Once the tax collector confirms payment, the file goes to the Clerk of the Circuit Court, which records notice of the application, notifies the owner and any recorded lienholders, and schedules the auction.4Florida Senate. 2025 Florida Stat. 197.502 – Application for Obtaining Tax Deed by Holder of Tax Sale Certificate; Fees

Bidding at a Tax Deed Auction

You do not have to hold a certificate to bid. Once the clerk schedules a property for sale, anyone can bid, and most Florida counties now run these auctions online. The winning bidder receives a deed to the property.

Bidding opens at a minimum that covers the outstanding certificates, accrued interest, and sale costs. The highest bidder wins.

Have your money ready before you register. At the time of sale, the high bidder must post a nonrefundable deposit of 5 percent of the bid or $200, whichever is greater. Full payment is due within 24 hours, excluding weekends and legal holidays. Miss the deadline and the clerk cancels all bids, keeps your deposit to cover resale costs, and readvertises the property.5Florida Legislature. Florida Statutes 197.542 – Sale at Public Auction There is no grace period and no appeal.

What the Deed Does Not Wipe Out

A tax deed does not deliver a clean property. Certain liens survive under Florida Statute 197.552. The most consequential are liens held by municipal or county governments, special districts, and community development districts. Unpaid code enforcement fines, utility charges, and CDD assessments follow the property to you. Surplus from the auction can partly satisfy them, but anything left over becomes your problem.

Federal tax liens are worse. If the IRS has a recorded lien, the federal government has 120 days after the sale to redeem the property by matching what you paid.6eCFR. 26 CFR 301.7425-4 – Discharge of Liens; Redemption by United States If the local redemption period is longer than 120 days, the federal government gets the longer one. You can win the auction, pay in full, take title, and lose the property months later.

Pull the title before you bid. Look for recorded government liens, federal tax liens, easements, and access issues. The opening bid tells you nothing about what encumbrances travel with the sale.

Clearing Title After You Win

A tax deed transfers ownership, but it does not certify that every procedural step in the sale was correct. Most title insurers will not insure a tax deed property, and most buyers and lenders will not touch it, until you complete a quiet title action.

Florida Statute 65.081 authorizes tax deed holders to file this action in circuit court and limits the defenses: the only valid defense a challenger can raise is that the taxes had actually been paid before the deed was issued.7Official Internet Site of the Florida Legislature. Florida Statutes 65.081 – Tax Titles; Quieting Title You do not have to trace title back beyond the tax deed itself.

An uncontested action typically runs 60 to 90 days. Add six to eight weeks if you have to serve defendants by publication. Contested cases can stretch past a year. Straightforward attorney fees run a few thousand dollars; complex cases with multiple interested parties cost more. Build this into your bid, because the property is functionally unmarketable until the judgment is recorded.

Due Diligence Before You Bid

Properties end up at tax deed auctions for reasons, and those reasons are not always just an owner falling behind. Treat every property the way you would treat any purchase, with extra caution, because you cannot negotiate the price or inspect the interior.

Look at the property physically. Drive by it. Everything is sold as-is with no warranties and no disclosures. Environmental contamination, structural failure, flood zone status, and code violations all transfer to you the moment title does. A cheap former gas station site may be cheap for a reason nobody advertises.

Pull the title records. Government liens survive. Federal tax liens trigger a 120-day IRS redemption right. Check for easements, deed restrictions, and legal road access. Landlocked parcels are one of the most common disappointments at these auctions.

Add up what comes after the auction. Budget for a quiet title action, for surviving code enforcement liens, and for any unpaid utility or CDD assessments. The winning bid is a floor for your total cost, not the total.

When the Property Escheats to the County

If a tax deed property goes to auction and nobody bids, it does not sit on the list forever. Three years after the property was first offered for public sale without a buyer, it escheats to the county, and title passes to the board of county commissioners free and clear of all tax certificates, accrued taxes, and liens.4Florida Senate. 2025 Florida Stat. 197.502 – Application for Obtaining Tax Deed by Holder of Tax Sale Certificate; Fees The certificate holder who applied for the deed loses the investment. Escheatment is unusual for improved property but routine for vacant lots and landlocked parcels that no bidder wants. If you initiated the deed application, you are also the person most likely to bid at the resulting auction just to protect the money already spent.