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Answered
Deed Stamp tax fee and certificate of title documentary stamp tax after foreclosure purchase

I purchased a property recently through foreclosure auction. I missed the 40 day ? window to pay for the Deed Stamp tax fee and certificate of title documentary stamp tax after foreclosure purchase. They sent my certified check back and told me to get an attorney to file a motion of some kind.. no real steps.

  1. what do i at this time to record the the needful? Can someone please give me the steps?
  2. what happens if i dont pay for the documentary stamps ? i am not sure of the reasons for doing so. Is this something that i can handle later when i get a mortgage or sell the property?
Posted 18 hours ago
  
  
Votes Newest

Answers


I’d start by asking which county this is in. In most Florida foreclosure auctions (especially ones run through RealAuction) the Clerk usually withholds the documentary stamp taxes automatically from the deposit or final payment. That’s why your situation isn’t typical. If the Clerk returned your check and told you to hire an attorney, it usually means the normal administrative process broke and they can’t fix it on their end anymore.

The documentary stamp tax isn’t optional and it’s not something you can “handle later” when you refinance or sell. If it’s not paid, the deed can’t be properly recorded, and without a clean recorded deed you’ll hit a wall with title insurance, lenders, or a future buyer. Practically speaking, it freezes the property from a legal standpoint.

At this point, the Clerk is just behaving carefully. Once the timing is missed, the fix usually requires a court motion so the Clerk has legal authority to accept the tax and correct the title record. A real estate or foreclosure attorney is the right move, not because it’s complicated, but because it has to be done the right way.

Posted 17 hours ago
  
  
Fernando Alonso
368 × 3
Pro Member

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