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All Forum Posts by: Steve White

Steve White has started 3 posts and replied 16 times.

Post: County Hospital lien on a tx deed sale.

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Ned Carey:

@Steve White Who had the hospital debt, the deceased person who originally owned the property or the woman who inherited it?

The woman who inherited the property had the lien, she too has passed causing the tax to go unpaid.

Post: County Hospital lien on a tx deed sale.

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Ned Carey:

I agree with @Scott Weaner It is not overstepping to put a lien on future property. If the person inherited the property then she could sell it to pay off the debts of the estate.

Lets use a mortgage as an example. If the property had a mortgage on it, should the person inherit it debt free, or should the mortgage be paid off?

That said, Is the hospital lien owned by the county, or a private hospital? 

When the last owner inherited the property nothing encumbered the property. She however had  a lien put on any property she had or ever would have in the future some tens years prior to ever owning this property.  I think she lived with a friend who passed the property over to her on his death.  Because it was a county hospital and because government liens aren't dissolved at the tax sale this could be a problem for the buyer unless the county went overboard in its wording. 

I occasionally find in this county low income people with hospital liens on them. I think some people get discouraged with these liens and figure there is no way for them to stay afloat. A bad system

Post: County Hospital lien on a tx deed sale.

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Scott Weaner:

Why should they not be able to place a lien for a future owned property? The bill should have been paid BEFORE buying a property.

  This person was probably low income with no insurance to cover a hospital bill, much later became the owner after someone else passed and willed it to her.

Can a local government put a lien on our future, if we go there no telling where that could lead.

Also if anyone knows if their is any interest charged on these liens when the lien does not say it in writing?

Post: County Hospital lien on a tx deed sale.

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0

I know in Florida all government type liens follow the new owner. But this particular lien encumbers the property of the now deceased who owned no property when the lien was written. The lien says all property owned now or in the future hereafter.

The deceased did not own any property until some ten years after the lien.

Can a County lien property that's not owned or mentioned using language to include any future owned property? That seems like overstepping to me, what do you think?

Post: Selling property I bought at the tax deed auction

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Parker Detweiler:

How long ago did you buy these properties? @Steve White

 I have bought some in the past year. I understand that by holding them for 4 years they would qualify for Title Insurance.

Post: Selling property I bought at the tax deed auction

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0

Thank you that's a good idea adding the caveat, I would have to sell here with a quit claim not having went through a quiet title process

Post: Selling property I bought at the tax deed auction

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0

I bought property in Florida Tax deed auctions, there is no redemption here, however there could always be a possibility of extenuating circumstances.

I would like to turn around and sell these I don't suppose I could use a TAX Deed maybe only the country can use that form, I can use a quit claim. Was thinking of offering financing to the buyers. However these property's are on the low value side and investing $2000 in a quiet title suit would wipe out any profit from a sale. 

So am I opening myself up to lawsuits if a difficulty develops down the line for the buyer with a prior owner?

I would use a quit claim but still I don't want to cause any buyers to lose their money if something should happen.

Post: Finding Easements at the court house FLORIDA

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0

I was sent a copy of the easement agreement; it's written in typical gibberish it includes a book and page number however I have not been to the Court House to verify its actually filed, but it looks real enough.

I once brought a contract to a attorney trying to verify the contract said what I thought it said. The attorney read it carefully and told me it might and it might not. You would have to bring it to court.

When I look at this old easement agreement whatever people thought they might be agreeing to may have been know fully only to them.

It grants the right for this person to use this 20 x30 foot area to drill a water well and to use a portion of it for the transmission of water derived from the well and for the right of ingress and egress for maintenance.

Does it allow for this plot to be fenced off as it is separately from the rest of the lot?

Is it OK that the equipment and pump shed is unsightly?

What happens if it drys up the lots own well making it useless?

I suppose only a expert attorney could nail it down.

Post: Finding Easements at the court house FLORIDA

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Rick H.:

I re-read the original post and I'm not sure that @Steve White has described the issue.

Why do you suspect there is an easement?

Easement on your subject property for the benefit of another or one that you need?

If you're looking for an easement the benefits you, as a driveway across someone else's property would be, you need to be looking on the servient easement property records (ie, adjacent, neighboring property). 

Pam I on to something or off track here?

 Rick I spotted it. the well on a drive by. Thought the well may have been the well mentioned in the Appraisers report. This lot once occupied, has a well and septic.

The reason I bought it was that it had a well & septic already there and since it was once occupied the next home owner/ builder would save $4800 in currant impact fees. I figure this is about $10,000 worth of "improvements" and a 4 foot chain link fence. 

Post: Finding Easements at the court house FLORIDA

Steve WhitePosted
  • Clearwater, FL
  • Posts 17
  • Votes 0
Originally posted by @Wayne Brooks:

Easements are not identified in deeds, just a reference any existing recording easements.  If it wasn't part of the original plat, which in this case it wasn't, it wouldn't show on the plat.  Easements can be found searching the names of previous owners, or by doing public record searches for that legal description, which are available online here, if you know how to use them.  I recently had to grant a water utilities easement when doing a lot split.  You can only find it by searching my name, or the legal description.  The county only has a responsibility to record, they're not responsible for putting up a sign pointing to it.  It's part of the fee you pay when you have a survey done, they know how to find these.  It's just part of the risk of buying without a survey.

 Hi Wayne, online records go back to 1980, 34 years which is pretty good but no easement mention comes out with these searches, by name or by legal description. I spoke with someone at the property assessors office they could not find anything on their computer. I seen the well and searched local water companies and emailed them. They had a attorney send me the copy which was granted back in the mid seventy's. Way further back than anyone would normally search. And presumably why would you unless you knew something was to be found?

I see the costs of having a O&E done is about $50 and for $150 they say a staff attorney will do a complete title search. The price tells me they are doing online search's just like I am. They won't find it either. Maybe you have a point with a survey they may have better info available to them. But when buying on auction you can't put much money into something somebody else may want more then you do and outbid you.