Circuit Civil handles cases which involve monetary judgments in excess of $15,000, injunctions, declaratory judgments, mortgage foreclosures, negligence, professional malpractice, and other matters where a claimant may be made whole by receiving a money judgment.
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Foreclosures FAQ'S (850) 606-4170
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No. There may still be other encumbrances (judgments, priority mortgages, taxes, or liens) that survive the sale. The winning bidder takes title to the property subject to all defects, liens, encumbrances, and matters of which he/she has or could obtain knowledge. It is the bidder's responsibility to perform all research regarding the property, including the value, title defects, liens, mortgages, or other encumbrances. The Clerk’s Office does not guarantee a clear title and is not responsible for any encumbrances on the property purchased at auction. The laws regarding foreclosures are complicated and all bidders should consider performing a title search and consulting an attorney before placing a bid.
At www.leon.realforeclose.com, our office conducts sales by public auction on properties offered for sale to the highest bidder.
An Objection to the Sale document may be filed within 10 days after the filing of the Certificate of Sale. This will stop issuance of the title until the Court holds a hearing and makes a decision on the objection.
Foreclosure cases are started with the filing of a complaint with the Clerk’s Office, in either county or circuit court, depending on the value of the property. Documents for a mortgage foreclosure case may be filed:
Proceeds from a sale are distributed per the final judgment. Our office will issue a certificate of disbursements. A lender may file for a writ of possession to evict the homeowner. A deputy sheriff will serve the writ, which gives the homeowner 24 hours to move out.
During the 60 days after issuance of the certificate of disbursement, the Clerk’s Office will hold any surplus amount, pending a court order. The owner of record and other lienholders may file claims, and the judge may require a hearing. The form for filing a claim is available on our website. There will be a $50 reopen fee to file a claim. .
If any person other than the owner of record claims an interest in the proceeds during the 60-day period or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court will hold an evidentiary hearing to determine entitlement to the surplus funds. If the owner of the surplus funds cannot be located, the funds will be deposited with the Chief Financial Officer, pursuant to Chapter 717, Florida Statutes.
Unused deposit money will be returned upon request of refund by clicking "Request Refund." Allow approximately two weeks after the close of the auction for the processing of refunds.
If full payment is not made by 4:30 PM ET the day of the sale, your deposit will be forfeited. Our office will enter the default on the progress docket and on the Real Auction fee section for the winning bidder that the sale was defaulted. The plaintiff will notify the court by filing for a new sale date. The Clerk’s Office will deduct the registry fee from the deposit and the remainder of the deposit is normally released to the plaintiff by the court.
When property is mortgaged, the property is transferred to a lender/creditor to be used as secured collateral on the loan. The individual exchanging the property for the loan/homeowner becomes the mortgagor and the lender acquiring the property title becomes the mortgagee.
If the homeowner defaults on loan payments, the lender typically sends out letters offering mitigation opportunities and may eventually send a breach letter, indicating the intent to start legal proceedings. A foreclosure case is filed to enforce the mortgage against the property and prevent the homeowner from keeping the property.
Any bid placed with less than 30 seconds remaining on the auction clock will automatically extend the bidding period by an additional 60 seconds. Bids placed below the stated Plaintiff's Maximum Bid will not extend the auction bidding period.
If no objections are filed within 10 days of the sale, the Clerk’s Office will issue and record the Certificate of Title. If the 10th day falls on a Saturday or Sunday, the title will be issued on Tuesday; if Monday is a holiday, the title will be issued on Wednesday.