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Foreclosure & Tax Deed Auctions / Answered
Does a child support order survive at a tax deed sale?

Hello,

I am looking at bidding at a tax deed sale coming up and when scanning the county’s records, I found a child support order from 1998 on one of the owners of the property. There is a payoff amount of over $100k. I’m not sure if there was a lien placed on the subject property, but my question is would this survive the tax deed sale? I only find an order to pay for child support on the county records. No lien. I’m getting conflicting answers online. But, if there is one then I read that it wouldn’t last since it’s been over 20 years. I am also reading that only real property can have a lien placed on it for child support, such as boats, cars, mobile homes, etc. and it excludes real estate. I read that in the Florida department of revenue site. Thanks for any input!

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Posted 6 months ago
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Answers


Hi Julia,
The child support order is typically issued by the department of revenue for the state of Florida. In this case, the lien will likely survive. There may bne a case that it will not survive if it is not attached to the specfic property in question.
For safety I would assume it survives.
Reference Florida statutes
FL 55.10
FL 197.552
FL 197.122

EDIT: For clarification on the timeframe, the state can renew the order and extend it past 20 years. There is a 20 year statute of limitation on a DOR order but they may have extended.

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1 Answer
6 months ago
6 months ago
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