![]() But it cannot sell a building unless the agency occupying it declares it “excess.” And agencies have had little incentive to do that. The General Services Administration functions as the federal landlord, managing the buildings the government owns. By 2003, the Government Accountability Office had placed the management of federal real property on a “high risk” list, in part because of longstanding difficulties unloading unneeded property. The problem of surplus federal property dates back decades, well before the Public Buildings Reform Board was created. The General Services Administration, the agency that disposes of most federal properties, has flouted the board’s advice. The board was sued when it sought to sell a Seattle building that is a repository of important tribal records. The Government Accountability Office reported that the board did not adequately document how it went about selecting properties for sale. It took three years for the five existing board members to be sworn in, and two empty seats remain, including that of the chairman. The solution, springing from legislation passed in 2016, was an independent agency that would quickly identify underused properties and expedite their disposal.īut nothing has been simple about the Public Buildings Reform Board, as the little-known agency is called. So surplus properties languish while taxpayers foot the bill for maintenance. ![]() I handle Foreclosure Surplus and Tax Deed Surplus cases in every County in the State of Florida, and I don’t get paid unless you do.The federal government has long owned more real estate than it knows what to do with - buildings that sit empty and sites that are underdeveloped - but it must jump through hoops before it can sell its holdings. Give me a call to discuss the unique facts surrounding your case I can help to determine the best way to get you the most of your Florida Surplus Funds. In order to protect yourself, I highly recommend someone hiring a qualified Florida Foreclosure and Tax Deed Surplus Attorney. It is usually necessary to have an evidentiary hearing to determine the order in which these lienholders get paid, as well as whether or not some of these liens even survive a Florida Tax Deed Foreclosure Sale. This gets pretty complicated, especially when there are multiple subordinate lienholders. Even though it specifically states it in the statute, this is difficult to get past a judge. This is a major distinction from other governmental liens because it specifically states that governmental liens other than federal governmental liens must be must file their request within 120 days. However, the statute continues with subsection (7) that states, “a holder of a recorded governmental lien, other than a federal government lien or ad valorem tax lien, must file a request for disbursement of surplus funds within 120 days after the mailing of the notice of surplus funds.” This implies that even certain governmental liens will be barred unless they are “federal governmental” or “ad valorem tax” liens. Subsection (6) also states that the failure of someone “other than the property owner, to file a claim for surplus within the 120 days constitutes a waiver of all interest in the surplus funds and all claims for them are forever barred.” However, subsection (5) states that “ except for claims by a property owner, claims that are not filed on or before close of business on the 120 th day after the date of the mailed notice… are barred.” This means that the property owner has more than the 120 day deadline to make a claim, but all other claimants must have their claims in no later than 120 days or they are barred from making any claim at all. This seems to mean that anyone who was given notice has only 120 days to make a claim. Subsection (3) of this statutes states that a person receiving the notice from the Clerk has 120 days from the date of the notice to file a written claim. Florida Statute 197.582(2)(a) states that if the property is purchased at the Florida Tax Deed sale, “for an amount in excess of the statutory bid of the certificateholder, the surplus must be paid over and distributed by the clerk as set forth in subsections (3), (5), and (6).” The persons mentioned in those subsections are to be notified by the Clerk of Court by mail. Luckily, the Florida Statutes are pretty clear. In dealing with Florida Tax Deed Sale Surplus Funds cases, who gets paid first and how can I make sure I get my client the most out of those Surplus Funds? This can be a bit tricky if there are lots of parties involved, including Homeowner’s Associations, Government Entities, Former Owners, and other Lienholders.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |