This article describes various issues which may be of importance to you which may be importance to you regarding foreclosure proceedings. It does not represent a complete summary of the applicable law in this area or any and all legal rights which may be available to you. If you have any questions or concerns regarding this process you may chose to seek the advice of an attorney. Employees of the Clerk’s office cannot provide legal assistance.

Foreclosure proceedings: Foreclosure proceedings begin with the filing of a civil action complaint, the recording of a lis pendens in the public records and the issuance of a summons to each defendant in the case, including the homeowner.

As the homeowner, you will be given 20 days from the date you are served to respond to that summons by filing an answer to the complaint. . Your answer should be filed with the Clerk of the Court and a copy be sent to the plaintiff’s attorney. If you fail to answer you may not be given an opportunity to present your side of the case to the Judge and a Final Judgment may be entered against you.

If a Final Judgment is signed by the Judge it will instruct the Clerk of Court to sell the property at a public auction to the highest bidder. The foreclosure Clerk assigns a date to sell the property and places a Notice of Sale in a publication that meets the requirements of the Florida Statutes. Notification is given to all people.

On the day of the auction, the Clerk of Court will sell the property to the highest bidder. Once full payment of the bid amount has been timely received from the successful bidder, the sale is complete and the Certificate of Sale is issued to the new owner.

Defendant’s Right of Redemption (Florida Statute 45.0315) as the homeowner, you may recover your property by redeeming it prior to the sale or immediately after the sale.

Property Redemption: To redeem your property, you must pay the full amount of the FINAL JUDGEMENT (including interest from date of judgment, fees and cost) to the Clerk of the Court. Payment must be made in the form of cash, cashier’s check or money order made payable to the Clerk of Court. Please contact the Foreclosure Unit for a payout figure in order to redeem your property and satisfy the judgment.

After you have redeemed your property you will receive a “Clerk’s Certificate of Satisfaction of Judgment” which you should record in the public records. A fee is required to record this document.

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