Foreclosures

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Foreclosure Information

(Scroll down for Frequently Asked Questions - FAQs)

Telephone (321) 637-2003
Fax (321) 637-2011

Civil Procedure and Statutory Time Frames for the Foreclosure Procedure:

Pursuant to Section 45.031(1)(a), Florida Statutes, within the Final Judgment, the court shall direct the clerk to sell the property within 20 – 35 days of the final judgment date. A sale may be held more than 35 days from the judgment date with consent from the plaintiff/plaintiff’s attorney. These properties are sold on a buyer beware basis. The Clerk does not guarantee a clear title. Legal advice should be obtained from an attorney licensed to practice law in the State of Florida.

Pursuant to Section 45.031(2), Florida Statutes, the Notice of Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The second publication must be at least five days prior to the sale date.

Pursuant to Section 45.031(4), Florida Statutes, Certificates of Sale must be issued promptly. The Brevard County Clerk’s Office procedures require that these Certificates be issued within one day of the sale date.

Pursuant to Section 45.031(8), Florida Statutes, the amount of the bid is presumed to be sufficient consideration for the sale. Objections to the bid amount must be filed within 10 days of the filing date of the Certificate of Sale.

Pursuant to Section 45.031(5), Florida Statutes, the clerk must allow a period of 10 days from the Certificate of Sale’s filing date for any objections to the foreclosure sale to be filed.  If there is no objection filed within the specified statutory timeframe, the clerk may issue the Certificate of Title. If there is an objection to the sale filed, the clerk must receive judicial direction to issue the Certificate of Title. Once the Certificate of Title has been filed, the sale is confirmed.  The Certificate of Title is recorded in the Public Records.

Pursuant to Section 45.031(7), Florida Statutes, Certificates of Disbursement are issued and the funds disbursed upon filing of the Certificate of Title.

Pursuant to Section 45.032(3)(a), Florida Statutes, if the owner of record claims the surplus before the date that the clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record.  The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement.

Property Research

Persons interested in purchasing property in foreclosure are encouraged to thoroughly review the case file and Official Records to determine whether outstanding liens or encumbrances exist against the property. The court files do not contain property addresses and, in most circumstances, reflect only the legal description of the property. Please review our Frequently Asked Questions for details regarding obtaining case specific information.

BUYER BEWARE!!!

THE CLERK MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION ABOUT THE CONDITION, MARKETABILITY, EXISTING OR POTENTIAL USES, TITLE, OUTSTANDING LIENS, MORTGAGES OR OTHER ENCUMBRANCES, ZONING REGULATIONS OR LAWS THAT MAY AFFECT CURRENT OR FUTURE USES OF THE PROPERTY, OR THE EXISTENCE OF ANY CONDITIONS REGARDING ANY PROPERTY AND STRUCTURES OR FIXTURES THEREON OFFERED FOR SALE BY THE CLERK.

All properties are sold “AS IS” and bidders are responsible for conducting their own research as to the condition of the property and the state of the title of the property being sold. YOU MUST DO YOUR OWN RESEARCH FOR EACH PROPERTY or consult with someone who can advise you legally.  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 assumes no responsibility for any encumbrances on any property offered for sale.  The Clerk disclaims any warranty of merchantability or fitness for a particular purpose.

Auction Activities

During the auction, all attendees must conduct themselves in a professional manner. Any disruptive behavior, such as talking aloud while the auction is being conducted or arguing with another bidder or the clerks, may result in participation disqualification and/or ejection from that day’s auction. An initial warning will be issued by the clerk conducting the sale. If the disruptive behavior continues, the participant may be disqualified from bidding and removed from the auction site.

Frequently Asked Questions

Please review our Frequently Asked Questions. Any additional questions regarding foreclosures may be directed to the Foreclosure Clerks at (321) 637-2003.
Where can I find a list of foreclosure sale dates and cases being offered for sale?
A list of cases scheduled for auction and the date each case is scheduled can be found on the Clerk’s website at www.brevardclerk.us.  Select the link for Foreclosure Sales List under the Public Records Search menu. Return to Top
Am I able to look up a piece of property by street address?
No. Properties are listed by case number. A legal description to the property is contained in the complaint, lis pendens, and final judgment. Return to Top
How can I obtain a property address for a court case?

Use the owner’s name and the legal description to search the Property Appraiser’s website for a site address. The Clerk’s webpage has a link to the Property Appraiser’s site. Click on the heading titled “Governmental Entities and Helpful Links”. Select the Property Appraiser’s link under the Brevard County listing. This will open the Property Appraiser’s website.

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Am I able to view a property before the auction?
You may only view the property with the consent of the occupant or property owner who maintains the right of possession until a Writ of Possession is executed.  An occupant or property owner who is concerned that someone may be trespassing should contact their local law enforcement agency. Return to Top
When and where are foreclosure auctions held?
Foreclosure auctions are typically held on a weekly basis on Wednesdays at 11:00 a.m. in the Brevard Room at the Brevard County Government Center – North, 518 S. Palm AVE, Titusville. Information regarding upcoming sales may be found on our website as described above. Return to Top
Do I have to be present to bid on a foreclosure case or may I bid online?
All foreclosure auctions are held in person.  You must be present to bid at the location and time described above. Return to Top
Do I have to register to bid?

Yes.  Effective July 9, 2014, the Brevard County Clerk’s Office will require foreclosure auction bidders to submit their information on a Bidder Registration List.  Please arrive at least 15 minutes prior to the auction to ensure that you have time to register.  The Clerk’s Office will also require successful bidders to fill out a Certificate of Title information sheet.

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Are foreclosure auctions publicized or advertised?
Pursuant to Sec. 45.031(2), F.S., the Notice of Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The second publication must be at least five days prior to the sale date. Return to Top
What information do I need to know about the property related to the Foreclosure?

If you are interested in a property, it is YOUR responsibility to do the research to determine the property's address, its value, and whether liens or other encumbrances exist.  The Clerk's Office cannot advise you how to conduct the research.  The Clerk's Land Records and Research Department may be able to offer some information regarding searching the Official Records.  Their telephone number is (321) 637-2004.

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Where can I find case specific information about a foreclosure file?

The documents filed in foreclosure files are available online. From our website, select Court Case Search under the Public Records Menu. Click on the Public Information button to log in. Search by Case Number and enter the selected case number, then click on the Submit button. Select the Register of Actions link under the Case Menu. This will display a register of activities and documents for the case number. Click on the document icon to view a document.

Foreclosure files are also available for viewing in our Land Records and Research Department located at 700 S. Park AVE, Titusville, between 8:00 a.m. and 5:00 p.m. Monday through Friday. Arrangements to view the files must be made in advance by calling (321) 637-2004 to ensure that the file is available.

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Does the Clerk’s Office issue the Notices of Sales to be published in the newspaper?
Effective with the cases scheduled for sale on or after April 6, 2011, the Brevard County Clerk of Courts no longer will issue the Notices of Sale. The plaintiff is now responsible for the issuance of the Notice of Sale, filing the original document with the Clerk of Courts and submitting a copy to the newspaper for publication. The Notice is required to comply with all provisions set in Section 45.031(2), Florida Statutes. The plaintiff must ensure that the original affidavit of proof of publication is filed with the clerk prior to the sale to avoid cancellation of the sale. Return to Top
Who is responsible for paying the sale fee and when must this fee be paid?
The Plaintiff is responsible for payment of the $70.00 sale fee identified in Section 45.035(1), Florida Statues.  This must be paid prior to the sale.  The Plaintiff must also present proof of publication pursuant to Sections 45.031(2) and 702.035(1), F.S.  A notarized affidavit of proof of publication must be filed prior to the sale.  For residential mortgage foreclosures, the sale will be cancelled for non-payment of the sale fee or for lack of proof of publication. Return to Top
Why do the plaintiff’s representatives often bid $100.00 for a property?
The final judgment contains a provision allowing the Plaintiff a credit of up to the judgment amount; interest from the date of the judgment through the sale date; and any subsequently incurred costs, such as attorney’s fees, cost of publication, etc. Bidders may observe the Plaintiff/Plaintiff’s representative bid $100.00 during the auction. This activity corresponds with the requirement in the final judgment that the property be sold at auction. The Plaintiff/Plaintiff’s representative bids a minimal amount to minimize their costs in documentary stamp taxes. If other parties bid on the property, the Plaintiff will typically bid up to the judgment amount and, depending upon the balance due on the mortgage and the Plaintiff’s estimate of the value of the property, may bid more than the judgment amount. There are rare circumstances where the Plaintiff will allow the property to sell for less than the judgment amount, in which case the Plaintiff could motion the court for a deficiency judgment against the borrower for the difference in the sale price and the judgment amount. The borrower would then have a monetary judgment against him/her. Return to Top
Is a deposit required to bid on a property at foreclosure auction?
At the time of the sale, the successful bidder must have a deposit equal to 5% of the bid amount for each property.  The deposit must be in certified funds and is verified during the bidding process.  Wire transfers are not accepted for the bid deposit.  The deposit is non-refundable and is applied to the sale price.  If the deposit cannot be verified, that case is immediately re-auctioned. Return to Top
What happens if I am the successful bidder at the foreclosure auction?

As indicated above, the successful bidder must remit the 5% deposit immediately at the conclusion of the sale. The deposit must be in certified funds.  Wire transfers are not accepted for the bid deposit.  The remaining balance of the bid must be paid in certified funds by the end of the business day in one of our five branch offices: Titusville, Merritt Island, Viera, Melbourne, or Palm Bay. The successful bidder must also pay documentary stamp taxes and a fee for depositing funds into the Court's registry.  Documentary stamp taxes and the registry fee are calculated on the final bid amount.  The successful bidder is advised of the total amount due at the conclusion of the auction.  Organizations or individuals which tender insufficient funds on statutorily-mandated 5% deposits on judicial sales must tender all future payments in U.S. cash until the deficiency is otherwise made whole.

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What forms of payment are acceptable for deposits and payments on foreclosure bids?

All deposits and payments must be made by certified funds: cash, cashier’s check, attorney’s escrow/trust account checks, money order or credit card.  Wire transactions are only accepted for the remaining balance.  All payments, including wire transfers, must be received by 5:00 pm the day of the sale.  The Clerk’s Office accepts all major credit cards, including Visa, MasterCard, American Express and Discover.  When paying by credit card, a convenience fee will be assessed based upon the amount you are paying.  The Clerk’s Office does not receive any portion of this fee.  The maximum credit card payment accepted for a foreclosure auction is set at $25,000.00.  Any amount in excess of $25,000.00 must be paid by certified funds.  Cashier’s checks and money orders must be made payable to the Brevard County Clerk of Court.  The Clerk’s Office will not accept personal checks, certified bank checks, business checks or third-party checks.  Organizations or individuals which tender insufficient funds on statutorily-mandated 5% deposits on judicial sales shall be required to tender all future payments in U.S. cash until the deficiency is otherwise made whole.

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Are there any additional fees due upon payment of the bid amount if I am the successful bidder in a case?

Your final balance will include court registry fees.  This fee is calculated at 3% of the first $500 and 1.5% of the remaining balance of the sale price.  In addition, the Department of Revenue Documentary stamps will be due. This is a tax that is calculated at the rate of $0.70 per $100 of the sale price.

The Court Registry Fees and the Documentary Stamps will be calculated by the clerk conducting the auction. Both amounts will be factored into the remaining balance owed after the 5% is paid and a total sum due by the end of business day will be given to the successful bidder to ensure all fees are correctly paid in full.

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What if I don’t pay the balance of my bid?

A certificate will be issued to reflect non-payment of the bid and will be filed in the court file. The deposit paid at the auction will not be refunded.

Any bidder who fails to pay the balance of his or her foreclosure bid on a property shall be banned from bidding on that particular property during any future rescheduled sale.

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Do I receive a clear title to the property?
The Clerk will issue a Certificate of Title after 10 days of the Sale provided there are no pending actions related to the sale proceeding.  This document will transfer title to the successful bidder, but is not a guarantee of clear title.  It is the buyer's responsibility to determine whether any liens or encumbrances survive the issuance of the Certificate of Title, whether additional taxes may be due, and if further legal action is necessary. Return to Top
How do I know which properties have been removed from the foreclosure sale?
Cases may be cancelled up to the time that the case is called up for sale.  Participants may review the Foreclosure Sales List periodically for cancellation updates which will be reflected with a comment indicating, “CANCELLED”. Return to Top
What happens if the successful bid is greater than the final judgment amount, leaving an excess of funds on the case?

Surplus funds are disbursed pursuant to Section 45.032, Florida Statutes. When a property is sold at public auction, there may be surplus funds after payment to individuals who are entitled to proceeds pursuant to the final judgment. Subordinate lien holders claiming a right to surplus funds must file a claim with the clerk no later than 60 days after the sale. Property owners may claim the funds without the assistance of an attorney or other representation and without assigning their rights to another party. In addition to filing a claim for suplus, an owner filing a claim must also contact the assigned judge's office to schedule a hearing on their claim.  The final judgment in each case contains additional information regarding this process.

SURPLUS FORM (Owner's Claim for Mortgage Foreclosure Surplus)

Pursuant to Section 45.032(3)(a), Florida Statutes, if the owner of record claims the surplus before the date that the clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record.  The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement.

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