Foreclosure Sales
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.
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 by court order or affidavit filed with the clerk. While foreclosure judgments foreclose the interests of inferior mortgagees, lienholders and any other persons or entities named as parties to the action, served with process and whose interests are legally foreclosed by the court, 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 regarding the property being sold, its location or condition, the condition of any structures or fixtures thereon, 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 representation 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 uses of the property, regarding any property and structures or fixtures thereon 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, most Foreclosure sales will be held online via the internet at www.santarosa.realforeclose.com pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes.
Date & Time of Sale
Monday thru Friday beginning at 11:00 A.M. CT, on the specified date, (except legal holidays).
Viewing Foreclosure Files
You must do your own research for each property.
Bidding
Anyone may bid on the property. In order to bid on a property, bidders must register online at www.santarosa.realforeclose.com 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 make 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, cashier’s check or money order. Cashier’s check or money orders shall not be more than six (6) months old, and shall be payable to: DONALD C. SPENCER CLERK OF COURT. If you choose to place your funds on deposit by ACH deposit, please note deposits made via ACH may take up to 7 business days to 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.
Successful Bidder
If a bidder is successful, the funds initially deposited are credited toward the total amount due. The successful bidder must pay the balance of the final bid plus the registry of the court service charge in person at the clerk’s office no later than 3:00 PM CT the same business day via cash, cashier’s check or money order. The Certificate of Sale will not be issued until funds are received by the Clerk Office.
Registry of the Court Service Charge
The clerk will charge the successful bidder a registry of the court service charge on the full amount of the successful bid. Pursuant to Florida Statute 28.24(10) the service charge assessed will be 3% of the first $500.00 and 1.5% for everything over $500.00. This charge must be paid at the time of the final payment. In the event the Foreclosure Sale is set aside by order of the court, there is no refund of the registry of the court service charge.
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. The amount due would be $.70 per $100.00 of the final bid. The documentary stamp taxes due are collected with the payment of the final bid amount and registry of the court service charge
Forms of Final Payment
Accepted forms of payment are wire transfer, cash, cashier’s check or money order.
Failure to pay
Failure to pay the balance due of the final bid and required service charges, no later than 3:00 PM CT the same business day, will result in the sale being declared VOID, and a resale will be rescheduled. The bidder’s deposit is forfeited, non-refundable, and will be used to pay all costs of resale. As permitted under Florida Statute 28.24, the clerk will assess from the deposit, a non-refundable fee of $70, the registry of the court services charges and the cost of advertising the sale. Any remaining funds from the deposit shall be applied toward the judgment.
Certificates
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 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.
Foreclosure Surplus Balances
The Clerk of Court maintains a list of Foreclosure Sale Surplus Balances. These are handled in accordance with Florida Statute 45.032 Disbursement of Surplus Funds after Judicial Sale. Potential owners of these funds may view the list at: Court Registry Foreclosure Balances