Are you a tenant in a home that is being foreclosed on?
Public Law 111-22 Title VII-Protecting Tenants at Foreclosure Act of 2009 may assist you in understanding your rights.

Filing a Mortgage Foreclosure case?
Effective July 1, 2010, the Sixth Judicial Circuit’s Administrative Order 2010-025 requires that additional documents be filed in all mortgage foreclosure cases in Pinellas County and provides changes in procedures pertaining to Defaults, Dismissals and Notices of Sale.

Additionally, pursuant to 28.241 (1)(a) 2.b, "a party shall estimate in writing the amount in controversy of the claim upon filing the action." As a convenience, we have provided this form, which may be used to estimate the value of real property or mortgage foreclosure claims.

Two mediation programs are implemented by Administrative Order 10-25, effective July 1, 2010 – the Foreclosure Mediation Program for Homestead Residential properties and the Civil Mediation Program for Non-Homestead and Commercial properties. The Notice from Court to Homeowner (Form B) , contains information that should be included in all residential summons packages to defendants.

• MEDIATION MANAGERS, INC.
  13700 58th Street North, #207, Clearwater, FL 33760
  TELEPHONE: 1-877-664-1217 (a toll-free call)
  WEBSITE: www.mediationmanagersinc.com
  EMAIL: homeowner@mediationmanagersinc.com

NOTICE OF SALE - Administrative Order 2010-025

The lender is responsible for completing and submitting the Notice of Sale directly to the appropriate newspaper. Notices must be prepared and published in accordance with chapters 45 and 702, Florida Statutes. The lender must file the original Notice of Sale and Affidavit of Proof of Publication with the Clerk no later than twenty-four (24) hours prior to the sale. Failure to comply with these procedures may result in the cancellation of the sale.

In an effort to assist with Notice of Sale requirements and the commonly used publications, the following information is provided:
• Notices must be prepared in accordance with ' F.S. 45031, section 2.
• Property description must match exactly the description in the Final Judgment
• Sale date and location must be included. (This information is in the docket listing on the Clerk’s office website, http://www.mypinellasclerk.org. Click on Search Records, login as “guest” or “user,” click on Civil/Small Claims name lookup, enter case number to read docket information.)
• Plaintiffs must check the Clerk’s office website for any documents, such as a bankruptcy or an Order vacating sale that would prevent the sale from taking place.
• Plaintiffs must inform the newspaper of the publication dates. (NOTE: the second publication date must be at least 5 days prior to the sale).
Commonly used publications are:
• Gulf Coast Business Review – Legal Department
  Deadline: 4 p.m., Tuesday ~ Contact: Mark or Amanda Scott
  Phone: 727-447-7784 ~ Fax: 727-447-3944 ~ Email: legal@review.net
• St. Petersburg Times – Legal Notice Desk
  Sunday Deadline: 12 p.m., Wednesday ~ Contact: Bob Harry
  Wednesday Deadline: 12 p.m., Thursday ~ Contact: Bob Harry
  Phone: 727-893-8358 ~ Fax: 727-892-2902 ~ Email: legals@sptimes.com

Mortgage Foreclosure Sales

Foreclosure sales are conducted:

in the main lobby of the Pinellas County Courthouse,
315 Court Street,
Clearwater, Fl., and

at the West entrance of the Pinellas County Judicial Building,
545 First Avenue North,
St. Petersburg, Fl.

Sales are held Monday through Friday, beginning at 11:00 a.m., unless the office is closed because of a Legal Holiday or act of nature.

All sales start promptly at 11:00 a.m. If the plaintiff or judgment holder is not present at the time of the sale, the sale will be cancelled unless the Clerk has received a call that the plaintiff/judgment holder has been delayed. In this instance, as a courtesy, the Clerk will move the sale to last but if there are no other sales and the plaintiff/judgment holder does not arrive prior to the last sale, the sale will be cancelled.

Conditions of Sale:
Foreclosure files are available for viewing between the hours of 8:00 a.m. and 5:00 p.m.,in Room 170 of the Pinellas County Courthouse, 315 Court Street, Clearwater, Fl., (except on the date of the sale).

After files are forwarded to St. Petersburg for sales to be held there, the files may be viewed in the Clerk’s office at 545 First Avenue North, St. Petersburg, Fl.

Bidding:
By court order, the judgment holder usually receives credit up to the amount of the judgment. Each bidder acting in a representative capacity shall state whom he/she represents at the time of bidding.

If a bidder has an assignment of judgment from a judgment holder, a certified copy of the recorded assignment must be delivered to a Foreclosure clerk before the sale. If the assignment cannot be delivered to a Foreclosure clerk by 5:00 the day before the sale, it must be delivered directly to the clerk holding the sale before the property is sold. If a bidder obtains an assignment after the certificate of sale, a court order approving the assignment (of judgment or bid) is necessary, along with the re-open fee.

During the bidding, all bidders and observers are expected to treat each other and the clerks with respect. As a courtesy to others please refrain from talking aloud while a sale is being conducted, using a cellular phone while a sale is being conducted or arguing with another bidder or the clerks.

Deposit at Time of Sale:
Unless otherwise ordered by the Court, the successful bidder must post with the Clerk a deposit equal to 5% (five percent) of the final bid (see F.S. 45.031). The deposit shall be applied to the sale price at the time of final payment. A statutory Court Registry Service Charge of 3% (three percent) on the first $500.00 (five hundred dollars) and 1 1/2% (one and one half percent) on each subsequent $100.00 (one hundred dollars) must be paid in addition to the initial deposit.

If a judgment holder is the successful bidder, credit for the judgment amount is applied to the bid. The judgment holder is excluded from the deposit requirement. Judgment holder’s deposit is due the following business day by 11:00 a.m. The same statutory Court Registry Service Charge of 3 and 1 1/2% must also be paid on all succeeding deposits.

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 paid by 11:00 a.m. the following business day or by the deadline stated in the judgment. The same statutory Court Registry Service Charge of 3 and 1 1/2% must also be paid on all succeeding deposits. If final payment is not made by 11:00 a.m., the Clerk’s office will be unable to accept the balance of the bid and the initial deposit will be forfeited. If the following business day is a legal holiday and the courts are closed (including banks), the balance will be due the next business day after the holiday. Any funds from the forfeited deposit may be applied toward the judgment.

The successful bidder must pay the following statutory costs:

the Clerk’s fee for conducting the sale (unless paid by the plaintiff) and
documentary stamps ($.70 per $100.00).

IF THE SALE IS SET ASIDE, THE CLERK WILL RETAIN THE FEE FOR CONDUCTING THE SALE AS ENTITLED BY LAW.

Forms of Payment:
The Clerk accepts payments in the form of:

CASH,
CASHIERS CHECK,
MONEY ORDER,
CERTIFIED CHECK,
OFFICIAL BANK CHECK*, or
GOVERNMENT ISSUED CHECKS,

*An OFFICIAL BANK CHECK is defined, for the purpose of this paragraph, as a check drawn upon a financial institution, which certifies that the check is backed with guaranteed funds and will not be returned due to insufficient funds. The Clerk’s Office reserves the right to refuse tender of a check if the check does not appear to be legally sufficient in the Clerk’s sole discretion.
All checks must be drawn upon a U.S. banking institution, made payable to Ken Burke, Clerk of the Circuit Court.

NO OTHER FORM OF PAYMENT WILL BE ACCEPTED FOR BIDS OR DEPOSITS.
Under no circumstances will the Clerk accept personal checks or third party checks.

Credit for Interest or Attorney Fees:
In order to receive credit at the time of the sale for costs incurred after judgment (provided the judgment awarded the right to recover same), each judgment holder must provide to the Clerk, before the sale, an affidavit stating the amounts incurred. Attorney fees will only be paid in accordance with court orders.

Redemption:
Pursuant to F.S. 45.0315, 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, cashiers check, money order, certified check or official bank check drawn upon a U.S. banking institution made payable to Ken Burke, Clerk of the Circuit Court, pursuant to the final judgment, plus Clerk’s sales fee (if redemption occurs after the sale), interest and all related costs of the sale.

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, the Clerk will not sell the property until a call is made to plaintiffs counsel to see how they want to proceed. If counsel wants the sale conducted, the Clerk will then call the assigned judge (or duty judge if assigned judge is not available) for a final decision.