Sale Information

Additional information & sample forms regarding the judicial sales procedure can be found in chapter 45.031 of the Florida Statutes. Refer to web links or click here for Florida Statutes. Everyone participating in a foreclosure sale proceeding should be aware of the Florida law.

1.	Foreclosure sales are held at 11:00 A.M. at:

Clerk of Circuit and County Court
Kim C. Hammond Justice Center
1769 E. Moody Blvd., Bldg. 1
Civil/Criminal Department 2ND Floor

2.	Foreclosure court files are located in the Civil/Criminal Department on the 2nd floor of the Justice Center. As a courtesy to the Clerk's Office, we request you do not ask to view foreclosure files the day of the sale.

 

3.	All interested parties are responsible for obtaining any information they might need regarding the location, description, value and/or quality of title prior to attending the sale. The Clerk does not make any representations regarding the quality of title or the existence of liens.

 

4.

All interested bidders should be prepared to provide name, address and phone number. Interested bidders will be asked to present a 5 % nonrefundable deposit, in the form of cash or certified/cashier's check before the sale commences. (See#5) In order to meet the requirements of the sale, individuals bidding on the property should have made financial arrangements prior to the sale.

 

5.	The successful high bidder must pay a deposit equal to at least 5% of the final bid at the time of the sale. The deposit must be in the form of cash or certified/cashier's check per Florida Statutes 45.031. The deposit will be applied to the sale price at the time of payment.

 

6.

The balance of the bid amount, along with the Clerk's fees must be paid before 4:00 p.m., the same day. There are no exceptions. Payments may be made in the form of cash, certified/cashier's check or wire transfer. All checks should be made payable to the Flagler County Clerk of Court. If final payment is not received by 4:00 p.m., the same day as the sale, the Clerk of Court will re-advertise the sale and pay all cost of the sale from the deposit. Any remaining funds shall be applied toward the judgment. Please note: Doc Stamps are to be paid by a separate payment. (See #7)

 

7.	Registry of Court: All final bid amounts are deposited into the registry of the Court. Registry fees are assessed per Florida Statute 28.24 in addition to the bid price. The registry fee is 3% of the first $500.00, 1.5% of the balance of the total bid. Clerk's registry fees will not be refunded.

 

8.

Documentary Stamps: Documentary Stamps are required to record the Certificate of Title. They are $.70 on every $100.00 rounded to the next $100.00. They are paid the day of sale in the form of a certified or cashier's check ONLY. This must be a separate check and should be made payable to the Flagler County Clerk of Court.

 

9.

The Clerk can issue a Certificate of Title after a 10-day waiting period if no objection to the sale is filed. In order to have the property transferred into your name, you must be able to complete & provide all documents necessary to accomplish this. You or your attorney are responsible for preparing a Certificate of Sale and Certificate of Title to be filed with the Clerk. The Clerk's office does not prepare or complete any missing information on these forms.

 

10.

If an objection to the sale is filed within 10 days of the sale, the Court will determine the validity of the objection and direct the Clerk regarding the issuance of the Certificate of Title. The buyer may incur expenses and some time may elapse before the Title can be issued or the sale vacated. In the case of a sale being vacated, the bid amount and/or Doc Stamps will be refunded only by Court order.

 

The report contained in the link below provides new real property/foreclosure cases filed within the last 6 weeks. The new real property/foreclosure report is generally updated by noon each Tuesday and Friday, except for holidays. Please check back on those days for the most current information available.

 

New Real Property/Foreclosure Cases

All sales are subject to cancellation without notice

Please note: as a courtesy to the Clerk's Office, we request you DO NOT ASK to view foreclosure files the day of the sale. Thank you for your cooperation.