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Foreclosure Sales
 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).

Notice of Sale 

       Pursuant to AO S-2013-080  It is the plaintiff’s or plaintiff’s counsel’s responsibility to provide the completed Notice of Sale to the newspaper for legal publication.  Each notice must be prepared in accordance with sale requirements in section 2 of Florida Statute 45.031.  The original Notice of Sale and Proof of Publication must be filed with the Clerk of the Circuit Court at least 24 hours prior to the scheduled sale date. 

      
Sales Information 

Effective October 1, 2012 the sales are held every weekday, Monday through Friday at 10:00 a.m. online at www.hillsborough.realforeclose.com.  Representatives for the plaintiff must pay for the $70.00 sale fee no later than 8:00 am on the scheduled day of sale through the online sales site. A list of the properties scheduled for sale are available online at www.hillsborough.realforeclose.com.  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 local legal newspapers in their classified sections under "Notices of Sale". You are encouraged to visit the online sales site prior to bidding on a property to become familiar with the requirements.

***MAC PC users: RealAuction only supports the two most recent versions of Internet Explorer and Firefox. Therefore, It is recommended that to ensure full functionality of this site, MAC users should download and install the free Firefox Browser, version 16.0.1 or later for the MAC operating system. For more information and to download this free software, click the link that has been provided: http://support.mozilla.org/en-US/kb/install-firefox-mac.

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 Clerk of Court 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.
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Deposits Required

All bidders other than the Plaintiff (person holding the Judgment) must have funds deposited through the online sales site or in person 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 method of payment. The cashier's check must be made payable to "Pat Frank, Clerk of Circuit Court" only. The balance due, fees for documentary stamps taxes, online sales fee of $70 and court registry fees must be paid by 12:00 p.m. the next business day through the online sales site or in person with cash or cashier's check. If the winning bidder does not pay 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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Objections

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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Redemption

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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Certificates

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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Cancellation of Sale

A sale will be cancelled by the Clerk only if the following conditions exist:

  • A Notice of Cancellation form is faxed to (813) 272-5508 no later than 8:00 am the day of the scheduled sale or filed through the e-portal to the Clerk from the Plaintiff or their counsel pursuant to AO S-2013-080.
  • 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.
  • Original Notice of Sale not filed with the Clerk.
  • Lack of Proof of Publication of the Notice of Sale.
  • The Notice of Sale was published and contained major errors.
  •         Order Setting Aside Final Judgment is filed.

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Surplus Funds 

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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Additional Information

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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