Question 1

What is the procedure for a judicial sale of Florida real property?

Accepted Answer

Step-by-step: (1) The court enters a final judgment ordering the sale. (2) The judgment specifies the sale date, notice requirements, and terms. (3) Notice is published in a newspaper of general circulation (typically two consecutive weeks). (4) The clerk schedules the sale (typically 20-35 days after judgment). (5) The sale is conducted at public auction (courthouse or online). (6) The clerk announces the opening bid and accepts bids. (7) The high bidder is declared the winner. (8) The buyer deposits the purchase price (or credit bid). (9) The clerk issues a certificate of sale. (10) After the 10-day objection period, the clerk issues a certificate of title. (11) If the property is occupied, the buyer obtains a writ of possession to remove occupants.

Question 2

What title does a buyer receive at a Florida judicial sale?

Accepted Answer

The buyer receives a certificate of title from the clerk, which conveys the former owner’s interest in the property, subject to certain conditions: in a foreclosure sale, the buyer takes free of the foreclosed mortgage and all junior liens that were properly joined in the foreclosure. Senior liens (liens recorded before the foreclosed mortgage) survive the sale. Tax liens survive unless specifically addressed. The certificate of title is not a warranty deed; it does not provide the warranties of title that a conventional deed provides. The buyer should obtain title insurance to protect against defects not revealed in the foreclosure proceedings.

Question 3

Can a Florida judicial sale be canceled?

Accepted Answer

Yes. A judicial sale can be canceled: by the plaintiff (the creditor can move to cancel the sale before it occurs, such as when the borrower enters a loan modification or pays the delinquent amount), by court order (the court can vacate the sale order if circumstances change), by bankruptcy filing (the automatic stay under Section 362 halts all collection activity including the sale), by the borrower’s redemption (paying the full judgment amount before the certificate of sale), and by settlement between the parties. If the sale is canceled, the lis pendens and foreclosure case remain pending unless the case is dismissed.

Judicial Sale of Real Property

Judicial Sale of Florida Real Property

Sale Procedure

Title Received

Cancellation

Related Terms

Barnes Walker Title and Foreclosure

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