Blog Post

Documentary Stamps Tax: The Hidden Cost of a Deed in Lieu of Foreclosure

Posted by: Marlyn Wiener
January 07, 2009
Topic: Foreclosures

Most Florida property owners are not aware that documentary stamps tax is due and payable in connection with the recording of a deed in lieu of foreclosure. This means that the owner will be required to pay documentary stamps tax at the rate of $.70 per $100.00 on the amount of the outstanding balance of the mortgage that the property is subject to. For example, if the mortgage debt is $350,000, doc stamps tax of $2,450 plus recording charges and the lender's transaction and attorney's fees and costs will be due and payable at the transfer of the deed in lieu of foreclosure. It is easy to see how this can become a very expensive transaction (and perhaps unrealistic strategy) for a property owner who is probably contemplating a deed in lieu of foreclosure because he or she does not have the income or financial resources to pay the mortgage.


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