Brent X. Thurmond
Clerk & Comptroller
Wakulla County, Florida
ADMINISTRATIVE POLICY 13-03
TO: Our Foreclosure Sale Customers
EFFECTIVE DATE: July 3, 2013
SUBJECT: CLERK'S JUDICIAL SALES PROCEDURE
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The Clerk & Comptroller of Wakulla County, Florida, (hereinafter referred to as "Clerk") holds foreclosure sales pursuant to section 45.031, Florida Statute and the Final Judgment of Foreclosure entered in each case. Florida statutes and specific court judgments or orders concerning a case, take precedence over the Clerk's policy. All participants are deemed to have knowledge of the Florida Statutes. The following information is provided to assist you in becoming familiar with judicial sales in Wakulla County. Should you still have questions after reading this policy, please call the Foreclosure Department at (850) 926-0301. The Foreclosure Department is located in Room 136 of the Wakulla County Courthouse, 3056 Crawfordville Highway, Crawfordville, Florida 32327.
There are certain risks associated with bidding at foreclosure sales. One of them is the possibility of a foreclosure sale being set aside because a defendant has filed for bankruptcy protection. If that is the case, even where the plaintiff and the Clerk are unaware that a defendant has filed for bankruptcy protection, the foreclosure sale can be set aside, or be considered to be null and void. Absent Clerk error, if the sale is set aside, the Clerk will retain the Clerk's sale fee and the registry fees earned.
The foreclosure laws are complicated and one should not bid on a foreclosure property unless you have thoroughly researched the property, understand the foreclosure and related real property laws, and understand what liens or encumbrances may survive the foreclosure sale. Attorneys and Title Companies may be able to provide you with information regarding the liens on a given property. Be advised that you are solely responsible for researching foreclosure properties.
- LOCATION OF SALE: Unless otherwise provided by Court Order, foreclosure sales are conducted on in the Lobby of the Wakulla County Courthouse, 3056 Crawfordville Highway, Crawfordville, Florida 32327.
- DATES OF SALE: Sales are held on Thursday. The auction begins at 11:OO AM.
- PROPERTIES FOR SALE: The properties available for sale can be viewed on our website at www.wakullaclerk.com The sale date of a particular property is subject to change without notice. The most current information regarding the status of a property or the sale date can only be obtained from the official court file. If you are an interested party, you are advised to check the court file as often as necessary to determine whether any pleadings, motions or orders may impact the sale or the sale date. The Clerk's Office does not know the address of the property.
- VIEWING THE FILES: Foreclosure files are available for viewing between the hours of 8:00 a.m. and 5:00 p.m. in Room 136 in the Wakulla County Courthouse.
- CONDITIONS OF SALE: The purchaser takes title to the property subject to all defects, liens, encumbrances and other matters which by law survive the foreclosure auction. Bidders should not assume a foreclosure sale extinguishes or releases all liens, encumbrances or defects in title.
THE CLERK'S OFFICE SELLS THE PROPERTY PURSUANT TO COURT ORDER AND THE BIDDER SHOULD NOT ASSUME THE SALE WILL RESULT IN A TITLE FREE AND CLEAR OF ALL LIENS, ENCUMBRANCES OR DEFECTS. THE CLERK'S OFFICE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROPERTIES BEING SOLD AND/OR, THE RESULTS OF THE SALE, INCLUDING BUT NOT LIMITED TO, THE VALUE OF, OR THE TITLE TO, THE PROPERTY FOLLOWING A SALE.
It is the responsibility of the interested party to do all research regarding the property, including whether any of the defendants has filed for bankruptcy protection, whether there are any liens or encumbrances or defects in title and the value of the property.
- REGISTRATION: To be eligible to bid at an auction, you must register prior to the auction at Room 136, Wakulla County Courthouse and satisfy the advance deposit requirements (see paragraph 11, "Deposit at Time of Sale"). You must register for yourself and any and all corporations, non-profits, partnerships, businesses, etc, that you may represent as a bidder. Bidders must register using proper names. Use of fictitious names and initials for bidding purposes is prohibited. The Clerk reserves the right to require proof of a bidder's name and/or affiliation. There is no fee for registration. You do not need to register solely to view an auction.
Judgment holders and/or their representatives must also register prior to the auction and prepay the Clerk's $70 sale fee as provided by sections 45.031 and 45.035, Florida Statutes. The Clerk's sale fee must be paid prior to the sale. The Clerk will not issue a certificate of title to the property unless the sale fee has been paid.
- PROOF OF PUBLICATION REQUIRED: Proof that a notice of sale was published in accordance with section 45.031(2) and Chapter 50, Florida Statutes together with the publisher's affidavit of such publication, must be filed with the Clerk's Foreclosure Department prior to the scheduled sale date. The judgment holder shall prepare and provide the Notice of Sale to the newspaper for publication. The original Notice of Sale shall be filed with the Clerk's office.
Failure to file a proof of publication will not cause the sale to be canceled. If no proof of publication is filed with the Clerk, the Clerk will proceed with the scheduled sale of the property, but no Certificate of Sale will be issued until a proof of publication is filed.
- CANCELLATION OF SCHEDULED SALE: Pursuant to Order of the Circuit Judge, the Clerk is prohibited from canceling a scheduled foreclosure sale without a court order except in cases where a bankruptcy petition has been filed. (See paragraph 17, "Effect of Bankruptcy"). Failure to provide proof of publication or pay the Clerk's sale fee prior to the sale will not result in the cancellation of a sale; however, no Certificate of Sale will be issued without proof of publication and no Certificate of Title will be issued without payment of all Clerk fees.
Filing a Motion to cancel a sale will not cause the sale to be cancelled.
Any Order to Cancel being received by the Clerk after the sale has already occurred, may result in the imposition of the Clerk's sale fee.
- BIDDING: Bidding is done in increments of $100.00 or more. By court order, the judgment holder usually receives credit up to the amount of the judgment.
- ASSIGNMENTS: Assignments by a judgment holder will only be permitted if the Final Judgment specifically provides that the judgment holder can assign, or, by court order allowing the assignment. The Foreclosure Department must be notified of the assignment, in writing, no later than three business days before the scheduled sale date for the bidding to be conducted in the assignee's name. Assignments filed less than 3 business days before a sale may result in the sale being conducted and the Certificate of Sale being issued in the assignor's name.
- DEPOSIT AT TIME OF SALE: Unless otherwise ordered by the Court, the successful bidder must post with the Clerk a deposit equal to five percent (5%) of the final bid (see sect. 45.03 1, Fla. Stat.). The deposit shall be applied to the sale price immediately after the auction closes. All bidders will be required to ADVANCE funds sufficient to satisfy the deposit requirement, should they be the successful bidder (see sect. 45.031(10), Fla. Stat.)
The deposit may be paid by cash or certified check.
If you are the successful bidder, the advance deposit will be automatically applied to your final payment. No refund of the deposit will be given to the successful bidder without a court order.
If a judgment holder is the successful bidder, credit for the judgment amount is applied to the bid. The judgment holder therefore does not need to pay funds for the deposit unless he or she bids above the amount of his or her judgment. If he or she intends to bid above the amount of his or her judgment, he or she must pay an advance deposit equal to 5% of the portion of the bid they anticipate will exceed the judgment amount.
- FULL PAYMENT OF BIDS AND RELATED COSTS: The successful bidder's deposit will be retained by the Clerk and the difference between the deposit and-the total amount due must be received by the Clerk by 2 p.m.on the next business day after the sale or by the deadline stated in the judgment. If final payment is not made by such time, the deposit will be forfeited. The Clerk will assess a non-refundable registry fee from the forfeited deposit. Any remaining funds from the forfeited deposit shall be applied toward the judgment.
Pursuant to sections 28.24(10), 45.035(3), 201.02, Florida Statutes, the successful bidder must pay the following costs unless otherwise provided in the Judgment: documentary stamp taxes ($.70 per $100.00, or a fraction thereof, of the amount bid); and registry fees of three percent (3%) of the first $500.00, and one and a half percent (1-1/2%) of the balance of the amount bid and any other costs as set forth in the Judgment.
Final Payment may be made by Cash or Certified Check. Additionally, final payment may be made by wire transfer. Such wire transfer must be received by the Clerk's bank by 2 p.m. the next business day after the sale and clearly indicate the case number for which payment is being made.
No final payments will be accepted without a court order after 2 pm the next business day following the sale. Payments received after 2 pm will be returned to the bidder and the sale will be forfeited. A successful bidder's final payment made by wire (which can have varying processing times) must allow enough time for the wire to be processed and received by the Clerk's bank by the 2 pm deadline. A final payment made by wire that is initiated by the successful bidder's bank prior to the 2 pm deadline, but not received by the Clerk's bank by the 2 pm deadline, will be returned to the bidder and the sale will be forfeited.
IF THE SALE IS SET ASIDE, THE CLERK WILL RETAIN THE SALES FEE AND REGISTRY FEES AS AUTHORIZED BY LAW.
- POST JUDGMENT CREDIT FOR INTEREST, COSTS AND FEES: If the judgment holder has been awarded interest accrued after judgment, and claims additional costs and fees, the Judgment Holder must file an Affidavit of additional costs with Clerk no later than two (2) business days before the sale.
A11 other post judgment costs and fees must be approved by court order.
- REDEMPTION: Pursuant to section 45.03 15, Florida Statutes, the mortgagor (defendant) or the holder of any subordinate interest may cure the indebtedness and prevent a foreclosure sale by paying the amount of monies specified in the judgment "at any time before the filing of a certificate of sale by the clerk of court or the time specified in the judgment, whichever is later." Payment for redemption must be made by cash or certified check made payable to Brent X. Thurmond, Clerk & Comptroller, in the amount of the judgment, plus both Clerk sale (if redemption occurs after the sale), registry fee, interest and all related costs of the sale.
- EFFECT OF BANKRUPTCY: If a Suggestion of Bankruptcy or a copy of a bankruptcy petition is filed by a defendant in the foreclosure case prior to the sale, and is still pending at the time of the scheduled sale, the Clerk will not sell the property. An Order to Reschedule the Foreclosure Sale and one of the following documents must be filed with the Clerk before the Clerk will sell the property:
i. Order Lifting the Stay,
ii. Voluntary Dismissal or order dismissing bankruptcy case,
iii. Order Discharging Debtor, or,
iv. Other types of orders or pleadings as may be appropriate.
If a Suggestion of Bankruptcy or a copy of a bankruptcy petition is filed by a defendant in the foreclosure case prior to the sale but is dismissed or an order is entered lifting the bankruptcy stay prior to the time of the scheduled sale, then absent a court order to the contrary, the foreclosure sale will take place as scheduled if ALL of the following conditions are satisfied:
i. Proof of the dismissal of bankruptcy or order lifting the stay is filed with the Clerk, and
ii. All other statutory requirements for the sale have been met.
IF YOU INTEND TO FILE A PAPER WHICH WILL AFFECT THE CLERK'S ABILITY TO SELL THE PROPERTY, YOU MUST MAKE OUR FORECLOSURE STAFF AWARE OF THE PAPER AT THE TIME OF FILING FOR EXPEDITED PROCESSING AS APPROPRIATE.
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