The Circuit Civil Department of the Clerk's Office is responsible for conducting foreclosure sales in accordance with Florida Statute 45. The following sections will help you find more answers concerning foreclosure sales and the Circuit Civil Department.
If you require legal advice or need information not provided on these web pages, you may need to consult an attorney licensed in the state of Florida or some other qualified source (such as a title company or law library).
The sales are held every weekday, Monday through Friday at 10:00 A.M. and 2:00 P.M., on the 2nd floor, rooms 201/202 in the George E. Edgecomb Courthouse at 800 E. Twiggs Street. Representatives for the plaintiff must pay for the sale in Circuit Civil on the 5th floor of the George E. Edgecomb Courthouse prior to the sale. A sale will be held without a representative of the plaintiff present, if there is a bidder present willing to pay the sale fee and the proof of publication is filed with the Clerk. A list of the properties scheduled for sale for a two week period is available in the Circuit Civil Department or you may click here to view the case numbers online. The list has only court file case numbers. Any interested party is responsible for doing their own research in connection with the property or hiring someone to perform the research. Sales are advertised in ten (10) local legal newspapers in their classified sections under "Notices of Sale". You are encouraged to attend in advance to observe the Foreclosure bidding process prior to purchasing property. This will assist you in understanding the procedures and processes of participating in Mortgage Foreclosure Sales.
Any persons interested in purchasing property during a foreclosure sale are encouraged to thoroughly review the court files and/or official records of the Clerk's Office to determine if there are any outstanding liens or encumbrances existing against the property in question, other than the foreclosing lien. The Court Clerks working in the mortgage foreclosure area of the Clerk's Office cannot determine whether a lien will survive the foreclosure sale. All court files scheduled for a Clerk's foreclosure sale are maintained at the George E. Edgecomb Courthouse in the Circuit Civil Department. Anyone interested in bidding must fill out a Third-Party Bidders Form and have it ready to present to the Clerk when they make their first bid. The form must be complete and must be filled out in the way the bidder would like the Certificate of Title to be issued. This is important because once the Clerk announces who the property is sold to; it cannot be changed without a Court Order. If the property is sold to someone other than the plaintiff, that bidder will be required to produce a good faith deposit immediately.
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All bidders other than the Plaintiff (person holding the Judgment) must be prepared to pay to the Clerk in cash or cashier's check a good faith deposit of 5% of the final bid. The Clerk will not accept any other form of payment. The cashier's check must be made payable to "Pat Frank, Clerk of Circuit Court" only. If the high bidder does not tender the good faith deposit as required, the Clerk will make such an announcement and conduct the sale again, asking for a first bid and continuing until the highest bid is accepted, unless the Final Judgment directs otherwise. Once the deposit is verified, the successful high bidder will follow the Clerk into the office for a validated receipt and further instructions. After the good faith deposit has been paid and the bidder has the validated receipt, that bidder will be instructed to return to the Clerk's Office no later than 12:00 P.M. the next business day with the balance of the bid. In addition, fees for documentary stamps taxes and court registry fees must be paid at the time the balance of the bid amount is paid. The Clerk will calculate this figure for the bidder and give them a print out with the required total that is due. If the bidder does not return within the prescribed period, the good faith deposit will be forfeited pursuant to Florida Statute 45.031(2). The sale will be re-advertised and sold at a later date.
The State Documentary Stamps tax rate is 70¢ per every $100 on instruments conveying an interest in real estate.
The Court Registry Fee charge is 3% of the first $500 and 1.5% on each subsequent $100.
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An objection to the sale may be filed by a party within ten (10) calendar days after the filing of the Certificate of Sale. The court will determine the validity of the objection and will direct the Clerk regarding the issuance of the Certificate of Title accordingly.
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Pursuant to F.S. 45.0315 the mortgagor may redeem the property. The right of redemption ends upon the issuance of the Certificate of Sale.
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A Certificate of Sale is issued by the Clerk of Circuit Court provided all required sale proceeds are paid in full.
A Certificate of Title is issued by the Clerk of Circuit Court after ten (10) full calendar days have elapsed from the issuance of the Certificate of Sale and provided there is no other pending action relating to the subject proceeding.
A Certificate of Disbursement is issued by the Clerk of Circuit Court subsequent to the Certificate of Title, if applicable.
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A sale will be cancelled by the Clerk only if the following conditions exist:
A Notice of Cancellation form is faxed or mailed to the Clerk from the Plaintiff or their counsel at least 30 minutes prior to the scheduled sale pursuant to AO 2011-029.
- Suggestion of Bankruptcy or copy of the date stamped bankruptcy petition has been timely filed.
- A written court order canceling the sale is received by the Foreclosure Clerk prior to the sale.
- Proof that the Notice of Sale has not been published.
- The Notice of Sale was published and contained major errors.
- Order Setting Aside Final Judgment is filed.
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Pursuant to F.S. 45.032 any funds remaining after the disbursements ordered by the final judgment become known as “surplus funds”. The owner of record at the time the Lis Pendens was recorded may file an “A Owner’s Claim for Mortgage Foreclosure Surplus ”, if they meet the statutory requirements to claim the surplus funds. If there is not a claim for the surplus funds within 60 days from the Certificate of Disbursements being filed the Clerk is required to appoint a Surplus Trustee pursuant to F.S. 45.034.
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Any additional questions regarding foreclosure sales may be directed to the Deputy Clerks in the Foreclosure Sales Department of the Clerk's Office, Monday through Friday, 8:00 A.M. - 5:00 P.M., at (813) 276-8100, Ext. 4789.
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