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Updated over 4 years ago on . Most recent reply

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Justin Hanson
  • Melbourne Beach, FL
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Complicated options - squat, find heirs, or bid at auction

Justin Hanson
  • Melbourne Beach, FL
Posted

I’m working on my first deal and am looking for a little advice as it’s a bit complicated - property is in FL.

The property will be going to tax deed auction in a couple of months and I’ve had my eye on it for 6+ months because it’s abandoned, but looks like a gem. Details:

* The owner is a missing person (presumably dead)

* Next of kin seems to be his father (haven’t found mother yet)

* I don’t think father knows about the property

* Missing people can be declared dead after 5 years (2022) - I don’t know if this and probate happen automatically or if someone needs to file

Disclaimer: I may not understand the laws

Options

1. Squat and hope probate doesn’t happen and heir doesn’t take property within 7 years

2. Contact father day before tax deed auction to see if he has power of attorney or wants to sign a QC - if so, pay back taxes, move in and either do adverse possession (7 years) or go through probate

3. Wait for auction and hope nobody else bids

What do you all think?

Most Popular Reply

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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
13,508
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23,418
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Wayne Brooks#1 Foreclosures Contributor
  • Real Estate Professional
  • West Palm Beach, FL
Replied

@Justin Hanson That assumes no one with an interest comes knocking within the 7 years.  Also, do you know if there are any mtgs/liens on the property.

@Davido Davido Sure, you can bring the taxes current, but the adverse possession process is a gamble.

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