Grant Street Group’s patent has been undergoing reexamination since the Patent Office found a substantial new question of its patentability this past April. On June 15, the Patent Office issued an initial rejection, finding all of the patent’s claims to be invalid. Subsequently, Grant Street Group filed a lengthy response, attempting to persuade the Patent Office to withdraw the rejection. However, the Patent Office again ruled the entire patent to be invalid and issued an office action “made final”.

“We are not surprised by the USPTO decision.” said Realauction’s CEO Lloyd McClendon. “Realauction has always believed that Grant Street Group’s patent is invalid.”

“This ruling is significant,” said Realauction CEO Lloyd McClendon, “because when Grant Street Group applied for its patent, it did not tell the Patent and Trademark Office that eBay was already doing what Grant Street Group claimed to be its invention.”

In another ruling earlier this month, the Patent and Trademark Office concluded that Realauction had raised substantial new questions about the validity of Grant Street Group’s patent. Consequently, in addition to Realauction’s validity challenge in the lawsuit, the Patent and Trademark Office will independently be re-examining the validity of Grant Street Group’s patent.

In Grant Street Group’s prior lawsuit on a related patent against Thomson Corporation, the Federal Court of Appeals found all the asserted patent claims to be either invalid or not infringed. “We look forward to presenting our noninfringement and invalidity evidence to the jury at the upcoming trial,” said Mr. McClendon.

February 28, 2012

TAVARES — Tax deed sales, the public auctions of tax-delinquent properties, will be held online for Lake County for the first time in the coming weeks.

The online sale broadens the Internet-related options for those who have been able to buy tax certificates online since 2004.

The website offering the online sales, www.lake.realtaxdeed.com goes live this week and the first sales will begin April 3.

“It will open it up to allow more people to participate, rather than just those who could physically show up at 11:15 a.m. at 122 E. Main St.,” said Rick Whilden, senior recording clerk for the Lake County Clerk of Court. He was describing the old method for the sales, with a deputy clerk holding a public auction at the public-records center in Tavares.

Tax deed sales are the final result for properties delinquent on property taxes. When property taxes aren’t paid by the annual April deadline, the bills are sold as tax certificates by Tax Collector Bob McKee.

Recouping cost

Through that sale, the buyer pays the tax and can recoup the cost plus interest when the property owner pays it back. Those certificates become a lien on the property. After two years, if the certificate isn’t repaid, the buyer can apply to have the property put up for a tax deed sale.

Lake was among one of the first counties to sell tax certificates online and the method has been effective in making sure that taxes are collected, McKee said.

“Before, we would have about 75 percent of the certificates sold and with the remaining 25 percent, the taxes would be unpaid,” McKee said. “With the online sales, we are able to sell 100 percent of the tax certificates.”

Last year, his office sold 11,400 of the certificates.

The website also offers online applications for tax-certificate holders who want to start the tax deed process.

“Offering the tax-deed sales online would seem to be a natural progression,” McKee said.

The clerk’s office has a contract with an online company, Realauction, to conduct the sales. Realauction already runs tax-deed sales in nine Florida counties, including Osceola in Central Florida and nearby Citrus.

Interested buyers can register online and can place a deposit of $200 or 5 percent of the winning bid to participate. Before the auction begins, bidders have the option of posting a proxy bid of their maximum amount.

‘Very excited’

Online bidding opens the auction up to more people, which ensures that the sales are competitive and that all the properties are sold. Last year, about 440 properties were sold under tax-deed sales.

“We’re very excited about it,” said Bruce Carroll, chief deputy of administrative services for the clerk’s office. “We believe it’ll be good for the people of Lake County.”

Training is available for those unfamiliar or uncomfortable with the online bidding process. Sessions will be held at 2 p.m. March 26 and 9 a.m. March 27 in Tax Deed Room No. 114 of the public-records center, 122 E. Main St.

PLANTATION, Fla., November 7th 2011 — The 4th District Court of Appeal reversed a $1.46 million judgment against Plantation-based Realauction.com, finding the facts of the case did not support the tortious interference claim against the company or its chief executive officer, Lloyd McClendon.

Grant Street Group, a Pittsburgh-based provider of online auction services, obtained the jury award in a Broward Circuit Court trial in 2009. The company claimed that email statements made by Mr. McClendon to Broward County officials caused it to lose out on a contract to provide online auction services for tax certificates.

The 4th District Court of Appeal re-examined court testimony and determined the evidence directly contradicted Grant Street’s claim. County financial officers testified Mr. McClendon’s statements had nothing to do with a decision to terminate negotiations.

“It is uncontroverted that Grant Street presented no documents or witness testimony other than the speculative testimony of its own president, Myles Harrington,” Palm Beach Circuit Judge Krista Marx, wrote in the unanimous opinion. “Speculative testimony is not competent substantial evidence.”

“We are pleased with the decision, but not surprised.” said Realauction CEO Lloyd McClendon.  “We believed all along this case was without merit.”

Evidence presented at trial indicated there was little likelihood the county ever would have awarded Grant Street a contract.  The appellate court noted Grant Street was able to bid again in 2005 for the contract six months after the earlier talks were terminated. It was not awarded the contract, but the company was still blaming Realauction.

Grant Street never had more than “speculative hope” of obtaining the contract, and “speculative hope is not sufficient to sustain the tort of interference with a business relationship,” Judge Marx wrote.  Appellate Court Judges Dorian Damoorgian and Jonathan Gerber concurred.

“This is complete vindication for our clients,” said RealAuction.com attorney Katherine Giddings of Akerman Senterfitt in Tallahassee. “The 4th DCA reached the correct result under the law.”

ABOUT REALAUCTION

Serving nearly 70 Counties in 6 States, Realauction is a market leading provider of online technology solutions for government agencies involved in the delinquent property and tax process.  Realauction helps government agencies reduce costs by providing design and implementation of online auctions of tax lien sales, tax-defaulted and mortgage foreclosure property sales. For more information contact Craig McIntyre at 954-734-7400 x203

October 25, 2011
PR11-08
Osceola County Clerk of Court’s Office
Begins Online Tax Deed Sales

Kissimmee, FL – The Honorable Malcom Thompson, Osceola County Clerk of Courts, is pleased to announce that beginning in November of 2011, tax deed sales will be taking place online.

“Over the past couple of years, we have seen a significant reduction in our budget, which is set by the State,” says Thompson.  “By conducting tax deed sales online, in accordance with section 197.542, Florida Statutes, the Clerk’s Office can increase the efficiency of our tax deed sales while reducing administrative costs associated with the live tax deed sale process.”  By going online, more bidders will able to be a part of the process because they can participate from the comfort of their own homes, office, public computer, or library, instead of having to attend the sales in person at the courthouse.  This will also allow bidders from around the world the opportunity to place bids.

Beginning November 1, 2011, interested parties can register, place bids, and take an online training course in how to participate in the online tax deed sale process by visiting the new tax deed sale website at www.osceola.realtaxdeed.com.  Realauction, the selected online tax deed vendor, will conduct training and orientation sessions for bidders, both online and at the Osceola County Courthouse, with complete instructions on how to participate in the online tax deed sales.

“We are excited to use technology to move forward in the tax deed sale process,” stated Thompson.  “As we move toward a paperless system, both in maintaining the court records and the Official Records of Osceola County, Florida, the Clerk’s Office will continue to pursue its goal of providing the taxpayer with significant savings.  It is our goal to save our customers time in line, by going online.”

Osceola County’s first online tax deeds sales are set to begin November 29th, with online training for bidders available by Webinar and in person training available at the Osceola County Courthouse on November 15th and 16th.

For more information regarding tax deed sales, please see Chapter 197, Florida Statutes.  You may also visit the Clerk’s website at www.osceolaclerk.org.

For more information about Mr. Thompson and/or about the services provided by the Osceola County Clerk of Court’s Office, please visit the web site at www.osceolaclerk.com or call at 407-742-3500.

http://articles.orlandosentinel.com/2011-02-03/business/os-foreclosure-auction-hazard-20110202_1_foreclosure-auctions-foreclosure-case-foreclosure-judgment

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http://articles.sun-sentinel.com/2011-04-05/business/fl-foreclosure-auction-20110405_1_foreclosure-auctions-foreclosure-sale-wells-fargo

http://www.historiccity.com/2011/staugustine/news/florida/hollingsworth-hits-tax-collection-record-15557