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: The sales are held on Thursday starting at 11:00 A.M. in the lobby of the Union County Courthouse at 55 West Main Street. 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 Union County Times in their classified section under “Legal Ads”.
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 or at unionclerk.com 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.
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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 and 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 or cashiers check made payable to the Union County Clerk of Courts.
The balance of the bid amount must be paid by 4:00 pm on the day of the sale, unless otherwise stated in the Final Judgment. 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 each additional $100(or the balance of the bid amount). State documentary stamp tax at .70 per $100.00 will be due at the time of Certificate of Title issuance. The balance may be paid in the form of cash or cashiers check made payable to the Union County Clerk of Court.
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.
Certificates
Certificate of Sale is issued by the Clerk of Circuit Court provided all required sale proceeds are paid in full.
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.
Certificate of Disbursement is issued by the Clerk of Circuit Court to the Certificate of Title, if applicable