Mortgagee sued to overturn a tax deed sale extinguishing its two mortgage liens on the subject property on the basis that the notice sent to it was returned as undeliverable.
Florida Statutes §197.522(1), provide that prior to a tax deed sale the Clerk of Court is to issue notice of the application for a tax deed to interested parties as identified in §197.502(4). “Interested parties” include any mortgagee of record if the address appears on the recorded mortgage. The Clerk sent notice of the Tax deed sale to the mortgagee at the address listed on both mortgages recorded against the subject property. The notice was returned as undeliverable. The mortgagee admitted that it had moved its primary address and did not directly notify the Tax Collector’s office of the new address. The Clerk’s office admits that after the notice was returned it took no further action to attempt to locate a new address for Beneficial.