Question 1

What is a judicial sale of property?

Accepted Answer

A judicial sale is a court-ordered sale of property to satisfy a judgment, lien, or other obligation. In Florida, judicial sales are conducted through the clerk of court (or a court-appointed special master) and follow specific statutory procedures. Common types: foreclosure sales (mortgage enforcement under Chapter 702), partition sales (co-owner property division under Chapter 64), tax deed sales (delinquent property tax enforcement under Chapter 197), and execution sales (judgment enforcement through proceedings supplementary). The sale is typically conducted at public auction, with notice published in a local newspaper. The court must approve the sale, and parties have limited rights to object.

Question 2

How does bidding work at a Florida judicial sale?

Accepted Answer

Bidding procedures: the sale is held at the courthouse or online (many Florida counties now use online auction platforms). The opening bid is typically the judgment amount (for foreclosures) or a reserve set by the court. The plaintiff/creditor can "credit bid" (bid up to the judgment amount without paying cash; the bid is credited against the debt). Third-party bidders must deposit the full bid amount (or a required deposit, typically 5%) within 24 hours. The highest bidder wins. If no third party outbids the creditor, the creditor acquires the property. After the sale, there is a 10-day objection period before the certificate of title is issued.

Question 3

What protections exist for property owners in a Florida judicial sale?

Accepted Answer

Protections include: right to cure (the owner can pay the delinquent amount to stop the foreclosure before judgment), right of redemption (the owner can pay the full judgment amount before the certificate of sale is filed), right to challenge the sale (object within 10 days if the sale was procedurally defective), right to surplus (if the sale price exceeds the judgment, the surplus goes to the owner or junior lienholders), homestead protection (the homestead cannot be sold to satisfy most judgments), and the fair market value protection (in foreclosure, deficiency is calculated against FMV, not sale price). The court retains jurisdiction to address post-sale disputes.

Judicial Sale

Judicial Sale of Property in Florida

Types

Bidding

Owner Protections

Related Terms

Barnes Walker Judicial Sales

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