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Foreclosure Process

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. The information below offers a general overview of the foreclosure process; however these proceedings are governed by Florida Statutes and appellate case law interpreting these statutes. Anyone participating in these auctions should research not only the properties involved but foreclosure court case and all the law 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 by court order or affidavit filed with the clerk. While foreclosure judgments foreclose the interests of inferior mortgagees, lien holders 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.  BUYERS 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 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.browardclerk.org  for further information on any case file you may be interested in bidding on. 

 
Location of Sale


Effective March 30, 2010, Foreclosure Sales will be held online via the Internet at www.broward.realforeclose.com  pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes.


Date & Time of Sale


Monday thru Friday beginning at 10:00 AM ET, (except legal holidays).
 

Viewing Foreclosure Files


You must do your own research for each property.
 

Bidding


Anyone may bid on a property must register on the www.broward.realforeclose.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 accuracy of any information provided on this site.


Prior to participating in the sale, you will be required to place a deposit equal to 5% of your successful final bid(s), either on this site via wire transfer, electronic check (ACH) or in person via cash or cashier’s check. Cashier’s check must be made payable to: CLERK OF THE CIRCUIT COURT.  If you choose to place your funds on deposit by ACH, PLEASE NOTE: Deposit payments made via ACH require 4 full working days to arrive (settle) in the Clerk’s account. Wire transfers require 24 hours to arrive 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.  All “in person” deposits (cash, cashier’s check) must be made no later than 3PM EST the day prior to the sale at:  Broward County Courthouse, 201 SE 6 Street, Room 230, Fort Lauderdale, Florida 33301.
 

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 registry of the court service charge to the clerk’s office no later than 12:00 PM EST the next business day on this site via wire transfer or in person by cash or cashier's check at 201 SE 6 Street Room 230 (for Circuit foreclosures) or Room 120 (for County Foreclosures).  The Certificate of Sale will not be issued until good funds are received by the clerk’s 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 each subsequent $100.00.   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. This 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. Successful bidders will be responsible for paying documentary stamps to Broward County.


Forms of Final Payment


Payment must be made in the form of wire transfer, cash, or cashier’s check made payable to the Clerk of the Circuit Court..


Failure to Pay


Failure to pay the balance due of the final bid and required service charge, no later than 12:00 PM the next business day, will result in the sale being declared VOID.  The bidder’s deposit is forfeited and is non-refundable. As permitted under Florida Statute 28.24, the clerk will assess from the deposit the cost of advertising the resale. 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.