Foreclosure sales are sales of properties ordered sold pursuant to final judgments in foreclosure actions. The properties are offered for sale to the highest bidder in order to satisfy the judgment. The Clerk's Office conducts the sale or public auction in accordance with Florida Statutes.
Prospective bidders are responsible for conducting their own research regarding the property being sold. The Clerk’s Office makes no warranties or representation about the condition, marketability, existing or potential uses, title, outstanding liens, mortgages or other encumbrances, zoning regulations or laws that may affect current or future uses of the property, or existence of any conditions regarding any property and structures or fixtures thereon offered for sale by the Clerk.
Refer to the Office of the Clerk, Administrative Order 09-2009-07, Judicial Sales Procedures, Judicial Administrative Order 09-09 A1, Amending Final Judgment of Foreclosure and Judicial Administrative Order 09-18, Authorizing the Clerk of Court to Conduct On-Line Auctions of Real Property in Lieu of On-Site Auctions.
In order to bid on a property, bidders must register and place an advance deposit. All bids must be at least in increments of $100.00 more than the previous bid. All bid increments must be made in multiples of $100.00.
If a bidder is successful, the deposit will be deducted from the advance deposit and applied towards the sale price.
The bidder must pay the balance of the final bid plus the court registry fee, electronic service charge, publication fee(s), clerk’s service charge, if applicable, by the next business day following the sale. Documentary stamp and surtax for the transfer of title to the successful bidder are also due at the time that the balance is paid.
Failure to pay the balance of the final bid plus all fees due by the next business day following the sale will result in forfeiture of the 5% deposit and nullification of the sale. The forfeited deposit will be reduced by the registry fee and used to re-advertise and pay all cost of the sale. Any remaining funds from the deposit shall be applied towards the judgment. The Clerk will issue a Certificate of Incomplete Sale.
A Certificate of Sale is issued by the clerk provided all amounts due are paid in full. Objections to the sale may be filed with the Clerk of the Circuit Court General Civil Division, within ten (10) days after the filing of the Certificate of Sale. If an objection to the sale is filed, the clerk will not issue a certificate of title until the court enters an order on the objection.
A Certificate of Title may be issued by the clerk after ten (10) full days have elapsed from the issuance of the Certificate of Sale and provided there is no objection or other action relating to the subject proceeding pending.