The creditor's attorney must file the original final judgment with the Clerk's Office, which will record the judgment. Either simultaneously with filing the judgment, or shortly after, the creditor must issue the Notice of Sale and provide proof to the Clerk's Office.
A copy of the notice must be advertised in a local newspaper authorized by law to accept legal notices. The advertisement must be published once a week for 2 consecutive weeks, and the second publication must be at least 5 days before the sale date. Before the foreclosure sale occurs, the creditor must file with the Clerk's Office an Affidavit of Publisher that proves that the sale has been properly advertised.
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If the Court finds that the mortgagor is in default of the mortgage payments, final judgment will be issued in favor of the creditor. The final judgment sets forth the costs due to the plaintiff, such as principal charges, interest, costs of the suit, and attorney's fees.
In addition to the assessment of costs, the final judgment will list instructions for the sale of the mortgaged property at a public auction. The final judgment will include:
Yes, and this person is often referred to as a "third party bidder."
Mortgage foreclosure sales are conducted by the Clerk's office according to Section 45.031, Florida Statutes, and are held at 11 a.m, Monday through Friday unless the final judgment states otherwise. Effective June 14, 2010, most Foreclosure Sales in Escambia County, Florida will be held online via the Internet at Escambia RealForeclose pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes. By order of the court, a sale may be held in the 2nd floor lobby of the M. C. Blanchard Judicial Building. However, most sales are now conducted online.
Please refer to Foreclosure Process information located at the Escambia RealForeclose website.
The in-person sales are held in the 2nd floor lobby of the M. C. Blanchard Judicial Building, unless advertised otherwise. However, most sales are now conducted online.
Prior to the bidding, the deputy clerk conducting the sale will make any necessary announcements. It may be necessary for the Clerk to verify that you have with you the required deposit in the form of cash, money order or cashier's check before the sale begins. A description of the property may also be read at this time. Potential buyers take the property as is, subject to any defects, liens, encumbrances, and all matters of which the buyer had notice or could have obtained knowledge.
If the creditor is the successful bidder, no funds are deposited with the Clerk, unless the bid is above the amount of indebtedness. However, if a party other than the creditor is the successful bidder, an immediate deposit of 5% of the bid is required. The balance of the bid and court registry fees (3% on the first $500 and 1.5% on the balance), must be received by 5 p.m. on the day of the sale. Payment must be in the form of cash, certified check, or cashier's check payable to Pam Childers, Clerk Circuit Court - No personal checks or promissory notes.
The creditor is required to pay a mandatory sale fee of $70. The successful bidder is required to pay the documentary stamps on the Certificate of Title. If the balance is not paid by the deadline, the sale will be declared void, and a resale will be scheduled. The bidder's deposit is nonrefundable and will be used to pay for the costs of the resale, per Florida Statute 45.031(2). Any amount remaining will be applied towards the final judgment.
If no objections are filed within 10 days of the sale and all required documents and fees have been provided, the Clerk's Office will issue and record the Certificate of Title. However, if the 10th day falls on a Saturday, Sunday or Holiday, the title will be issued on the 2nd business day thereafter.