What Is a Certificate of Title?
In standard real estate transactions, ownership is transferred using a Warranty Deed or Quitclaim Deed signed by the seller. However, when a property is sold against the owner's will at a public auction—such as in a foreclosure or a tax deed sale—there is no seller to sign the deed.
Instead, under Chapter 45, Florida Statutes, the clerk of the circuit court issues a Certificate of Title. Once this certificate is recorded in the county's public records, it legally functions as the deed, instantly transferring full ownership of the property to the winning bidder.
The 10-Day Objection Period
When a foreclosure auction concludes, the winning bidder does not get the Certificate of Title immediately. The clerk first issues a "Certificate of Sale."
Florida law mandates a strict 10-day waiting period after the Certificate of Sale is filed. During these 10 days, the foreclosed homeowner or any interested party can file a formal objection to the sale (e.g., arguing that the auction was conducted fraudulently or that they did not receive proper legal notice).
If no one files an objection within those 10 days, the clerk automatically issues and records the Certificate of Title on the 11th day, finalizing the transfer of ownership.
Taking Possession of the Property
Simply holding the Certificate of Title proves you own the house, but it does not magically remove the previous occupants. If the foreclosed homeowner refuses to leave after the Certificate of Title is issued, the new owner cannot change the locks. They must petition the judge for a Writ of Possession, which directs the county sheriff to physically remove the occupants from the premises.
Related Terms
- Foreclosure — The legal action resulting in a Certificate of Title
- Deed — The standard document that the Certificate of Title replaces
- Quiet Title Action — Often required to clear title after acquiring property via tax certificate
Barnes Walker Foreclosure & Title Services
Barnes Walker's attorneys assist real estate investors who purchase properties at auction, securing Writs of Possession to evict holdover occupants and filing quiet title actions to make the auction title insurable. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC