Foreclosure Sales

Foreclosure sales are sales of properties ordered slod pursuant to final judgments in floreclosure actions. The properties are offerd for sale to the highest bider in order to satisfy the judgment. The Clerk's Office conducts the sale or public auction in accordance with Florida Statutes. The information below offers a general overview of the foreclosure process; however, these proceedings are goverened by Florida Statutes and apellate case law interpreting these statutes. Anyone participating in these auctions should research not only the properties involved but foreclosure court cases and all the laws governing the process.

Foreclosure Sale Process

In actions to foreclose mortgages or liens on real property, the court, in its final judgment will order a judicial sale of the property. The clerk conducts the sale in accordance with statutes governing judicial sales set forth in Chapter 45, Florida Statutes. The plaintiff is entitled to a setoff bid up to the amount of the judgment plus any additional amounts due the plaintiff's by court order. While foreclosure judgments foreclosure the interest of inferior mortgages, lienholders and any other persons or entities named as parties to the action, title issued by the clerk after a judicial sale is not warranted to be free of any potential claims. BUYER BEWARE! All properties are sold "AS IS". Bidders are responsible for conducting their own research as to the property being sold, its location or condition, the condition of any structures or fixtures tereon, its marketability, potential uses, zoning, or whether any other potential liens or other defects in title that may exist.

The Clerk's Office is not authorized to give legal advice. If you require legal advice, you should obtain it from an attorney or some other source. The Clerk's Office makes no representaion about the condition, marketability, existing or potential uses, title, or encumbrances or existence of any condition, zoning regulation or law that may affect current or future use of the property, any property structures or fixtures thereone offered for sale by the Clerk.

Foreclosure Sales Information

Please visit our web site at www.santarosaclerk.com for further information on any case file you may be interested in bidding on.

Location on Sale

Effective February 10, 2014, foreclosure sales will be held online via the internent at www.santarosa.realforeclose.com pursuant to the foreclosure judgment and Chapter 45, Florida Statutes.

Date & Time of Sale

Monday through Friday beginning at 11:00 A.M. CT, on the specified date, (except legal holidays).

Bidding

Anyone may bid on a property; however, they must register on the www.santarosa.realforclose.com web site and place a deposit prior to the sale. The site provides information for each pending sale, including the court case number and legal description. The Clerk and Realauction are not responsible for the quality or accuaracy of any information on this site.

The following procedures for Chapter 45 sales may apply unless the Final Judgment directs otherwise: Prior to participating in the sale, you will be required to place a deposit equal to 5% of your estimated successful final bid(s), either on this site via electronic check (ACH) or in person in cash or cashier's check or money order. U.S. CASHIER'S CHECK or U.S. MONEY ORDERS SHALL NOT BE MORE THAN SIX (6) MONTHS OLD, and shall be payable to: Clerk of the Circuit Court. If you choose to place your funds on deposit by ACH deposit, PLEASE NOTE: Deposits made via ACH require 3 full working days to arrive (settle) in the Clerk's account. Deposits made by ACH must be settled and cleared in the Clerk's account prior to the start of a sale in order to be able to bid on a property. Deposits made by ACH must be settled and cleared in the Clerk's account prior to the start of a sale in order to bid on a property. Deposits made in person MUST be paid by 4:00 p.m CT the day before the sale in order to bid on a property.

Successful Bidder

If a bidder is successful, the funds initially deposited will be deducted and credited toward the total amount due. The successful bidder must pay the balance of the final bid plus the registryof court service charge and the forclosure sale fee no later than 4:00 p.m. CT on the day of the sale. The Certificate of Sale will not be issued until good funds are recieved by the Clerk's Office.

Court Service Charges

Pursuant to F. S. 28.24 (10) the Clerk will charge the successful bidder a registry of court service charge on the full amount of the successful bid. The charge assessed is 3% of the first $500.00 and 1.5% for the balance. This charge must be paid at the time of final payment as well as a $70.00 foreclosure sale fee.

Documentary Stamp Taxes

Documentary stamp taxes for the transfer of title to the successful bidder are due to the State of Florida. Prior to the issuance of the Certificate of Title, the successful bidder is required to pay the Clerk all documentary stamp taxes due. The amount due is $.70 per $100.00 of the final bid. Successful bidders will be informed of the amount of documentary stamp taxes due in the email confirming a successful bid. This amount is paid along with the sale amount balance, registry of court service charge, and forclosure sale fee.

Forms of Final Payment

Payment must be made in the form of cash, U.S. cashier's check, or U.S. money order or wire transfer payable to the Clerk of Circuit Court.

Failure to pay

Failure to pay the balance due of the final bid and required services charges, no later than 4:00 P.M. CT on the date of the sale, will result in the sale being declared VOID, and the sale will be rescheduled. The bidder's deposit is forfeited, non-refundable, and will be used to pay all costs of resceduling the sale. Any remaining funds will be applied toward the judgment.

Certificates of Sale and Title

A Certificate of Sale will be issued by the clerk provided all amounts due are paid in full. Objections to the sale may be filed with the Clerk of Circuit Court in the Circuit Civil Division. If an objection to the sale is filed before the title is issued, 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 provided there is no objection or other action pending relating to the proceeding pending.