FAQs
- What is a tax deed sale?
- Where can I find a list of sale dates and cases being offered for sale?
- When are tax deed sales held?
- Where are tax deed sales held?
- Do I have to be present to bid or may I bid online?
- Do I have to register to bid?
- How does a property become eligible for tax deed?
- Are tax deed sales publicized or advertised?
- What information do I need to know about the property related to the Tax Deed Auction?
- Is a deposit required to bid on property?
- What happens if I am the successful bidder at the tax deed sale?
- What if I don’t pay the balance of my bid?
- Do I receive clear title to the property?
- What does it mean if the property is redeemed?
- How do I know which properties have been removed from the sale?
- What happens to property that is not sold?
- What happens if there are surplus funds from the sale?
- What documentation must I present to claim surplus?
- Where can I find information about the tax certificate auctions?
- What is a tax deed sale?
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A tax deed sale is a public auction conducted by the Clerk of the Court of properties for which delinquent taxes are owed.
Return to Top - Where can I find a list of sale dates and cases being offered for sale?
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A list of cases scheduled for auction and the date each case is scheduled can be found on the Clerk’s website at www.brevardclerk.us. Select the link for Tax Deeds/Auctions under the Public Records menu, which will open the Tax Deed page. Tax Deed Sales are listed under the Related Links on this page.
Return to Top - When are tax deed sales held?
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Tax deed sales are held throughout the year. Information regarding upcoming sales and sale lists may be found on our website as described above.
Return to Top - Where are tax deed sales held?
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Tax deed sales will be conducted online at www.brevard.realforeclose.com. Please visit this website for information regarding online tax deed sales.
Return to Top - Do I have to be present to bid or may I bid online?
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Tax Deed auctions are held online. It is no longer necessary to appear in person to participate in the sale; however, it is necessary to register and have sufficient funds deposited to participate. Please visit the Real Auction web site www.Brevard.Realforeclose.com to learn more about the online auction process.
Return to Top - Do I have to register to bid?
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All bidders must have an account set up through RealAuction and must have sufficient funds deposited to participate in an online auction. Please visit RealAuction’s website for online auction information, including registration instructions, at www.brevard.realforeclose.com.
Return to Top - How does a property become eligible for tax deed?
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At least two years after purchasing a tax certificate, the holder of the certificate may make application for a tax deed through the Tax Collector’s Office. The certificate holder (applicant) must pay the applicable fees to the Tax Collector, pay off other certificates that may have been sold for the property, and other taxes that may be owed. Upon completion of a title search, the file is sent to the Clerk’s Office. The applicant must then pay additional costs to the clerk, including the sale fee, postage, sheriff’s service fee, and publication. The minimum bid is determined by the costs that were advanced by the applicant plus interest on these costs through the month of the tax deed sale and any new taxes owed for the current year. If a property is identified as homestead, ½ of the last assessed value of the property will be added to the minimum bid.
Return to Top - Are tax deed sales publicized or advertised?
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Sale information is published in The Weekly Eagle.
Return to Top - What information do I need to know about the property related to the Tax Deed Auction?
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BUYER BEWARE!!
THE CLERK AND REALAUCTION MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION ABOUT THE CONDITION, MARKETABILITY, EXISTING OR POTENTIAL USES, TITLE, OUTSTANDING LIENS, MORTGAGES OR OTHER ENCUMBRANCES, ZONING REGULATIONS OR LAWS THAT MAY AFFECT CURRENT OR FUTURE USES OF THE PROPERTY, OR THE EXISTENCE OF ANY CONDITIONS REGARDING ANY PROPERTY AND STRUCTURES OR FIXTURES THEREON OFFERED FOR SALE BY THE CLERK.
All properties are sold “AS IS” and bidders are responsible for conducting their own research as to the condition of the property and the state of the title of the property being sold. YOU MUST DO YOUR OWN RESEARCH FOR EACH PROPERTY or consult with someone who can advise you legally. The clerk’s office is not authorized to give legal advice. If you require legal advice, you should obtain it from an attorney or some other source. The clerk’s office assumes no responsibility for any encumbrances on any property offered for sale. The Clerk and Realauction disclaim any warranty of merchantability or fitness for a particular purpose.
Return to Top - Is a deposit required to bid on property?
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The successful bidder’s account must have a deposit in the amount of $200.00 or 5% of the bid amount, whichever is greater, for each property. Deposits made to the Brevard Clerk of Courts must be made by certified funds, the includes cash, cashier's check, money order, credit card, or wire. This deposit will be verified during the bidding process. If the bidder is deemed the highest bidder, the deposit will be automatically deducted from the bidder’s account immediately following the sale. The deposit is non-refundable and is applied to the sale price.
Return to Top - What happens if I am the successful bidder at the tax deed sale?
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If you are the successful bidder, you will be required to pay a non-refundable deposit in the amount of $200.00 or 5% of your bid, whichever is greater, immediately after the sale. This deposit will be automatically transferred from your RealAuction bidder account. The balance of the bid must be paid by noon on the business day immediately following the tax deed sale. Payments can be made in the Clerk’s Offices in Titusville, Merritt Island, Viera, Melbourne, or Palm Bay. If the final bid payment is not received by 3:00 PM on the business day immediately following the tax deed sale, per Section 197.542 (2), Florida Statutes, the sale will be canceled and the clerk shall immediately re-advertise the sale.
You must create a batch for your winning bid balance payment on RealAuction’s site prior to delivering payment to the Clerk’s Office. This will allow you to choose your method of payment by cash, cashier’s check, money order, credit card, wire, or payment for your bidder account. Credit card payments cannot be remitted over the telephone and must be made in person. When paying by credit card, a convenience fee will be assessed based upon the amount you are paying. The Clerk's Office does not receive any portion of this fee. You must provide your batch number to the customer service clerk when presenting payment to the Clerk’s Office.
The successful bidder will also be required to pay recording fees and documentary stamp taxes. These fees vary based on the number of pages to be recorded and the final bid amount. You will be advised of the amounts once you have created your batch on RealAuction’s site.
Return to Top - What if I don’t pay the balance of my bid?
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If the final bid payment is not received by 3:00 p.m. on the business day immediately following the tax deed sale, the sale will be canceled and the clerk shall immediately re-advertise the sale per Section 197.542 (2), Florida Statutes. Additionally, if you fail to pay the balance of your bid, the $200.00 or 5% deposit will be applied to the costs of resetting the sale.
IF YOU FAIL TO PAY THE BALANCE OF YOUR BID, THE CLERK RESERVES THE RIGHT TO REFUSE FUTURE BIDS ON TAX DEED SALES.
Return to Top - Do I receive clear title to the property?
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The Clerk will issue a Tax Deed in the week following the Auction. This does not guarantee a clear title. It is the buyer’s responsibility to determine whether any liens or encumbrances survived the Tax Deed sale.
Return to Top - What does it mean if the property is redeemed?
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Pursuant to section 197.472(1), Florida Statutes, “A person may redeem a tax certificate at any time after the certificate is issued and before a tax deed is issued unless full payment for a tax deed is made to the clerk of court, including documentary stamps and recording fees.”
If the delinquent taxes are paid prior to the start of the sale, the property will not be offered for sale and the property’s status will be updated to reflect the redemption. The property’s status will be updated online from our Clerk’s Internet Home Page under Public Records, click on the Tax Deed/Auctions link. Click on View Tax Deed Files Online to review each file’s Current Status. If delinquent taxes are paid after the start of the sale but before full payment for the tax deed is made to the clerk of court, including documentary stamps and recording fees, the property status will be changed to reflect the redemption.
Return to Top - How do I know which properties have been removed from the sale?
- Participants may review the sales list periodically for cancellation updates which will be reflected with a comment indicating “cancelled” on the RealAuction web site. Properties may also be pulled or redeemed during the sale and will reflect as cancelled on the website. Properties redeemed (paid in full) prior to the sale beginning will be removed from the sale and will reflect as cancelled on the website. Return to Top
- What happens to property that is not sold?
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On individually held certificates for which there are no bids, the applicant has 30 days to purchase the property by paying for recording fees, documentary stamps and any omitted taxes. If the certificate is county-held, the Board of County Commissioners has 90 days to purchase the property for the opening bid amount or waive its rights to purchase. If the applicant does not purchase the property, it will then be placed on the List of Lands Available. This list may be accessed from the Tax Deed home page by selecting the View Tax Deed Files Online option under Related Links and searching By Status code LA, Lands Available and also by selecting View Tax Deeds Online (for tax deed sales occurring on or after 12/17/2020) option and searching List Of Lands from Case Status.
Return to Top - What happens if there are surplus funds from the sale?
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A surplus notice and standard affidavit are mailed to each individual listed on the Tax Collector’s Certificate. Parties who may claim surplus include the former property owners and any lien holders.
Return to Top - What documentation must I present to claim surplus?
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The minimum requirements for each claim are a standard signed and notarized claim affidavit, which the Clerk’s Office can provide to interested parties; along with two forms of valid government issued identification for the previous property owner; and an Internal Revenue Service Form W-9 Request for Tax Payer Identification Number and Certification. If the previous property owner is deceased, probate documentation from a court and two forms of valid government issued identification for parties claiming an interest in the surplus; a standard signed and notarized claim affidavit; and an IRS Form W-9. The two forms of government issued identification are key components and must be submitted with each claim. No claims will be paid for a minimum of 120 days from the date of the Notice of Surplus to allow for all claims to be received. The surplus claim affidavit may be obtained online from Tax Deed home page by selecting the Tax Deed Surplus Affidavit option under Related Links. The IRS Form W-9 may be obtained from Forms home page by selecting the Administration link and then IRS Form W-9.
Return to Top - Where can I find information about the tax certificate auctions?
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Tax certificate information must be obtained from the Delinquent Tax Department of the Brevard County Tax Collector’s Office at (321) 264-6969.
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