DUVAL COUNTY - 2009 Improperly Issued Tax Certificate

THE SHORT STORY

            I paid my 2008 DUVAL county property taxes ON TIME and the tax collectors office returned my check and sold the  property tax certificate anyway.

 I have all the documentation, and as per Florida Statute - 197.443  have hand delivered a written demand to Cancel Improperly Issued Tax Certificate TWO TIMES, to no avail.

 THE LONGER STORY

1. On May 12, 2009 with my check 1025 I paid $4253.27 for 2008 property taxes.
2. NINE DAYS LATER, on May 21, I received the check back stating a problem with written dollar amount.

 

3. I rewrote the check and mailed it back on the 21st ( a Sunday )

 

 

4. A copy of the postmark proving it was postmarked on the 22nd

 

 

5. County Records state an actual extension date until 5/31/2009 - the county dismissed this as a typo
   
    

 

6. The tax collector's EXCUSE for not granting the demand to cancel Improperly Issued Tax Certificate is that the letter was not PROCESSED by his office at the end of day on 22nd, in fact it can be seen that it was not PROCESSED until June 1, some 10 days after I mailed it.
   

7. From Robert Speirs - Senior Attorney Property Tax Oversight Florida Department of Revenue
   
   12D-13.002 When Taxes Are Due; Notice of Publication; Discounts if Taxes Are Paid Before Certain Times.

   (1) Taxes are due and payable November 1, of the year they are assessed, or as soon thereafter as the tax collector receives the tax rolls. Taxes are delinquent on April 1, of the year following the year of assessment or after 60 days has expired from the mailing of the original tax notice, whichever is later. If the tax collector receives the payment of taxes by mail, he or she shall use the postmark to determine the date of payment, the applicable discount if any, and if the taxes were paid before the delinquency date. Payments received after the date of delinquency but postmarked before the date of delinquency are not delinquent.

 

The postmark proves payment was NOT MADE AFTER the date of delinquency,
in fact the payment was made during the day and therefore should be considered on time

as if I had paid at the collectors office that day.

 

In this we need some help. Paying for the tax certificate, will kill our otherwise spotless credit record. Hiring a tax attorney to challenge this is financially out of the question.

 

Is there something else that can be done ?

 

Blane Land

904-521-3839