What is done prior to the foreclosure sale?
The creditor’s attorney must file the original final judgment with the Clerk’s
Office, which will record the judgment. Either simultaneously with filing the
judgment, or shortly after, the creditor must provide a Notice of Sale for
issuance by the Clerk’s Office.
A copy of the notice must be advertised in a local newspaper
authorized by law to accept legal notices. The advertisement must be published
once a week for 2 consecutive weeks, and the second publication must be at
least 5 days before the sale date. Before the foreclosure sale occurs, the
creditor must file with the Clerk’s Office an Affidavit of Publisher that
proves that the sale has been properly advertised.
May a person who is not involved in the foreclosure lawsuit bid
on the property?
Yes, and this person is often referred to as a "third party
When and where are mortgage foreclosure sales held, and how are
Mortgage foreclosure sales are conducted by the Clerk's office according to
Section 45.031, Florida Statutes, and are held at 11:00 am, Monday through
Friday unless the final judgment states otherwise. The sales are held in the
2nd floor lobby M.C. Blanchard Judicial Building.
Prior to the bidding, the deputy clerk conducting the sale will make any
necessary announcements. It may be necessary for the Clerk to verify that you
have with you the required deposit in the form of cash, money
order or cashier's check before the sale begins. A description of the property
may also be read at this time. Potential buyers take the property as is,
subject to any defects, liens, encumbrances, and all matters of which the buyer
had notice or could have obtained knowledge.
If the creditor is the successful bidder, no funds are deposited with the
Clerk, unless the bid is above the amount of indebtedness. However, if a party
other than the creditor is the successful bidder, an immediate
deposit of 5% of the bid is required. The balance of the bid and court registry
fees (3% on the first $500.00 and 1.5% on the balance), must be received by
5:00p.m. on the day of the sale. Payment must be in the form of cash,
certified check, or cashier’s check payable to Pam Childers, Clerk Circuit
Court - NO
personal checks or promissory notes.
The creditor is required to pay a mandatory sale fee of $70.00.
If the successful bidder is a party other than the creditor, the successful
bidder is required to pay for the documentary stamps on the Certificate of Title.
If the balance is not paid by the deadline, the sale will be declared void, and
a resale will be scheduled. The bidder’s deposit is nonrefundable and will be
used to pay for the costs of the resale, per Florida Statute 45.031(2). Any
amount remaining will be applied towards the final judgment.
When is the Certificate of Title issued?
If no objections are filed within 10 days of the sale and all required documents
and fees have been provided, the Clerk’s Office will issue and record the Certificate
of Title. However, if the 10th day falls on a Saturday,
Sunday or Holiday, the title will be issued on the 2nd business day thereafter.
For questions concerning Foreclosure Sales, please call
the Civil Division of the Clerk's Office, Monday - Friday, 8:00 a.m. - 5:00
Once you have
found a property that you are interested in, it is very important that a title
search be obtained on the property since the Clerk's Office does not guarantee
a clear title and is not responsible for any encumbrances on the property after
the property is purchased at auction.
Clerk of Circuit Court's Office
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