Notice of Foreclosure Sale – 24-05CA
Notice of Foreclosure Sale 23-51CA
Notice of Foreclosure Sale 23-17CA
Foreclosure Sales
The Circuit Civil Department of the Clerk’s Office is responsible for conducting Foreclosure Sales in accordance with Florida Statute 45. The following sections will help you with more answers concerning sales.
Sales Information:
Our sales times vary based on the sale, please view the links above to see a time. Sales are held on the north steps of the Lafayette County Courthouse at 120 West Main Street, Mayo, Florida. Representatives for the plaintiff must pay for the sale in the Circuit Civil Department prior to the sale. A sale will be held without a representative of the plaintiff present, if there is a bidder present willing to pay the sale fee and the proof of publication is filed with the Clerk. Sales are advertised in the local newspaper in their classified section under “Legal Ads”. We also provide an online sales list that is updated regularly.
It is a good idea to attend one or two sales before you begin bidding to witness the process and get a feel for the procedure.
Any person interested in purchasing property during a Foreclosure Sale is encouraged to thoroughly review the court files and/or the official records at the Clerk’s Office to determine if there are any outstanding liens or encumbrances existing against the property in question, other than the loan being foreclosed. The Court Clerk’s in the Circuit Civil Department cannot determine for you whether a lien will survive the foreclosure. If the property is sold to someone other than the plaintiff, the bidder will be required to produce a good faith deposit immediately.
Deposits Required
All bidders should be aware that the successful bidder is required to deposit 5% of the final bid amount at the time of the sale. This amount will be verified before bidding is closed, otherwise, the next highest bid will be accepted an an announcement will be made to that effect. The deposit must be paid immediately following the sale and is non-refundable. This deposit may be in the form of cash, cashier’s check or money order made payable to the Lafayette County Clerk of Court. The successful bidder may not leave the sale prior to paying the deposit.
The balance of the bid amount must be paid by the time prescribed by the Clerk on the day of the sale, unless otherwise stated in the Final Judgement. If the balance is not paid within the prescribed time period, the deposit will be forfeited, the sale re-advertised and sold again. The balance due will include a court registry fee, which is 3% of the first $500 plus 1.5% of the balance of the bid amount and state documentary stamp tax at 70 cents per $100.00. The balance may be paid in the form of cash, cashier’s check or money order .
Objections
An objection to the sale may be filed by a party within 10 days after the filing of the Certificate of Sale. The Court will determine the validity of the objection and will direct the Clerk regarding the issuance of the Certificate of Title accordingly.
Redemption
The right of redemption ends upon the issuance of the Certificate of Title.
Certificates
A Certificate of Sale is issued by the Clerk of Circuit Court provided all required sale proceeds are paid in full.
A Certificate of Title is issued by the Clerk of Circuit Court after 10 FULL DAYS HAVE ELAPSED FROM THE ISSUANCE of the Certificate of Sale and provided there is no other pending action relating to the subject proceeding.
A Certificate of Disbursement is issued by the Clerk of Circuit Court to the Certificate of Title, if applicable.
Cancellation of Sale
- A sale will be canceled by the Clerk if one of the following conditions exist.
- Suggestion of bankruptcy or copy of the bankruptcy has been timely filed.
- A telephone call from a Judge or Judicial Assistant advising the Clerk to cancel the Sale.
- Proof that the Notice of Sale has not been published or that the publication contained major errors.
- Order Setting Aside Final Judgment is filed.
- Motion and signed Order Canceling Sale is received.