Foreclosure is the proceeding by a creditor to regain property or other collateral following a default on mortgage payments. The Clerk of the Circuit Court and County Comptrollers office becomes involved in the foreclosure process when the creditor opens up a case by filing a complaint. In 2009, Charlotte County was the first county in the state of Florida to offer both online sales for tax deeds and foreclosure. Having foreclosure sales online offers greater access to the public and has improved the efficiency of the Clerk's office in processing sales and titles.
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, lienholders 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. BUYER 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.
Effective January 5th 2009, most Foreclosure Sales will be held online via the Internet at www.charlotte.realforeclose.com pursuant to Judgment or Order of the Court and Chapter 45, Florida Statutes.
Monday, Wednesday, Thursday and Friday beginning at 11:00 AM ET, on the specified date, (except legal holidays).
You must do your own research for each property.
Anyone may bid on a property however they must register on the www.charlotte.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.
The following procedures for Chapter 45 sales apply unless the Final Judgment directs otherwise: Prior to participating in the sale, you will be required to place a deposit equal to 5% of your estimated successful final bid(s), either on this site via electronic check (ACH) or in person with cashier's check or money order. CASHIER'S CHECK or MONEY ORDERS SHALL NOT BE MORE THAN SIX (6) MONTHS OLD, and shall be payable to : CLERK OF THE CIRCUIT COURT. If you choose to place your funds on deposit by ACH deposit, PLEASE NOTE: Deposit payments made via ACH require 3 full working days to arrive (settle) 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.
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 in person at the Clerk's office no later than 11:00 AM ET the next business day via cashier's check or money order. The Certificate of Sale will not be issued until good funds are received by the Clerk's office.
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 everything over $500.00. 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 for the transfer of title to the successful bidder are due to the State of Florida. Prior to the issuance of the Certificate of Title, the successful bidder is required to pay the Clerk all documentary stamp taxes due. 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. This amount is paid along with the sale amount balance and registry of the court service charge.
Payment must be made in the form of cashier's check, or money order payable to the Clerk of the Circuit Court.
Failure to pay the balance due of the final bid and required service charge, no later than 11:00 AM the next business day, will result in the sale being declared VOID, and a resale will be scheduled. The bidder's deposit is forfeited, non-refundable and will be used to pay all cost of the resale. Any remaining funds from the deposit shall be applied toward the judgment.
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 General 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.
All plaintiff representative requests to cancel and/or reschedule a foreclosure sale must be submitted to the Clerk's office with approved Form 1.996(b), Motion to Cancel and Reschedule foreclosure Sale, seven days prior to sale date. Email cancellation requests via the Realforeclose website will not be honored.
Please include with your motion and order, the $ 50 re-open fee (pursuant to F.S. 28.241) with copies of the Order to be sent concurrently to all parties/counsel of record with the appropriate number of envelopes with the correct pre-paid postage amount. If the sale is to be rescheduled, please also include the Notice of Sale.