Tampa Bay Community Development Corporation (CDC)
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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.
Lis Pendens (Notice of) may be required in a foreclosure action to be placed in the public record to warn persons (such as prospective purchasers or others having an interest in the property under suit) that the title to the property is in litigation and may be bound by an adverse judgment. The Lis Pendens must be recorded and the person filing must pay the recording fee of $5.00 for the 1st page and $4.00 for each additional page, plus $1.00 for each name over 4 names listed in the body or style of the document. (To calculate Lis Pendens fees go to the Recording Fees Calculator).
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.
If you are facing foreclosure on your HOMESTEAD property and have questions about the new Residential Mortgage Foreclosure
please contact Mediation Managers Inc. (the mediation program provider) at:
If you are facing foreclosure on a NON-HOMESTEAD residential or COMMERCIAL property and would
like to participate in
the Circuit Civil Mediation Program you will need to file a motion with the court requesting the case be referred
to the program. A motion form can be found on the circuit’s website at www.jud6.org.
MEDIATION MANAGERS, INC.
13700 58th Street North, #207, Clearwater, FL 33760
TELEPHONE: 1 (877) 664-1217 (a toll-free call)
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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
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: email@example.com
- Tampa Bay Times – Legal Notice Desk
Sunday Deadline: 12 p.m., Wednesday Deadline: 12 p.m.
Contact: Bob Harry
Phone:(727) 893-8358 / Fax: (727) 892-2902 / Email: firstname.lastname@example.org
- The Weekly Challenger
Deadline: 5:00 pm, Tuesday
Contact: Michael Lewis
Phone:(727) 709-2335 / Email: email@example.com
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Online Mortgage Foreclosure Sales
the Mortgage Foreclosure Calendar here.
Effective October 4, 2010, foreclosure sales will be conducted online at
Monday through Friday beginning at 10:00 a.m., EST on the specified dates by judicial order or final judgment.
Check the electronic online auction calendar located on this website.
Public computer terminals will be available for use during sales in the Clerk’s Offices located in the back of the Official
Records Department of the Clearwater Courthouse at 315 Court St, Room 163, and the Judicial Building in St. Petersburg at 545 1st Ave. North.
BUYERS BEWARE!! All properties or liens are sold “AS IS”.
Bidders are responsible for conducting their own research as to the property/lien being sold. The Clerk’s Office makes no warranties
or representation about the location or condition regarding any property, the condition of any structures or fixtures, its marketability,
existing or potential uses, zoning regulations or laws that may affect current or future uses of the property, outstanding or potential
liens, mortgages or other encumbrances or defects in title that may exist, including whether any defendants have filed a bankruptcy.
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).
Pursuant to F.S. 45.031, in advance of the sale, a deposit must be made equal to 5% of your successful final bid(s) for each
property you wish to bid on. The advance deposit can be made on this site via wire transfer or electronic check (ACH) (see NOTE below)
or in person at the Clearwater Courthouse, 315 Court Street, Room 170, Clearwater, FL 33756 or in St. Petersburg at the Judicial Building
at 545 1st Avenue North, St Petersburg, FL 33701, by cash, cashier’s check, money order, certified check, official bank check, government
issued checks or if represented by an attorney, by attorney trust account check (clearly delineated as such on the check). Please make any
checks payable to: Clerk of the Circuit Court.
In person deposits require the bidder to initiate the deposit
www.pinellas.realforeclose.com, site by selecting counter deposit and printing a deposit slip. The deposit slips contain vital
information needed to apply funds received to bidder’s account and must be provided to the Clerk’s Office for counter deposits.
NOTE:Deposit payments made via ACH require 4 full working days to arrive (settle) in the Clerk’s account. Wire transfers
require 24 hours to arrive in the Clerk’s account. Deposits made by ACH must be settled and cleared in the Clerk’s account prior to the start
of a sale in order to be able to bid on a property. Advance deposits will be held in a non-interest bearing escrow account.
If a judgment holder is the successful bidder, the 5% deposit will be credited against the judgment amount. The judgment holder thus does not need
to pay funds for the deposit unless he or she bids above the amount of their judgment credit.
To be eligible to bid on an auction you must register at
www.pinellas.realforeclose.com. The site provides information for each pending sale, including the case number and legal description.
The Clerk and Realauction.com are not responsible for the quality or accuracy of any information provided on this site. Proxy bidding is available
prior to the day of the scheduled sale you wish to bid on.
Instructions and additional information on how to place your bids can be located at
Successful Bidder/Final Payment:
If you are the successful bidder, the 5% advance deposit will be automatically applied to your final payment and the difference
between the deposit and the total amount due must be received by the Clerk by 11:00 am EST on the next business day after the sale.
Pursuant to sections 28.24(10), 45.035(3), 201.02, Florida Statutes, the successful bidder must pay the following costs:
the electronic online auction fee of $49.00; documentary stamp taxes ($.70 per $100.00); and Court Registry fees of three percent (3%)
of the first $500.00, and one and a half percent (1.5%) of the balance of the amount bid and any other costs as set forth in the Judgment or order of the court.
Final payment may be made in person by; cash, cashier’s check, money order, certified check, official bank check, government
issued checks, or if represented by an attorney, by attorney trust account check at the Clearwater Courthouse at 315 Court Street,
Room 170 or the Judicial Building in St. Petersburg at 545 1st Avenue North. Additionally, final payment may be made by wire transfer.
Such wire transfer must be received by the Clerk’s bank by 11:00am EST the next business day after the sale and clearly indicate the case number for
which payment is being made. Final payment may not be made by ACH/electronic check.
Failure to Pay:
Failure to pay the balance of the final bid plus all fees due by 11:00am EST the next business day following the sale
will result in forfeiture of the 5% deposit and nullification of the sale. The Clerk will retain the registry of the court fees and
the electronic online auction fee from the forfeited deposit. Any remaining funds will be disbursed according to court order.
IF THE SALE IS SET ASIDE, THE CLERK WILL RETAIN THE CLERKS FEE FOR CONDUCTING THE SALE AND THE ELECTRONIC SALE FEE, AS ENTITLED BY LAW.
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.
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, cashier’s 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.
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 plaintiff’s 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.
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Information for claiming Surplus Funds after a Mortgage Foreclosure sale
(Homeowners and Lienholders):
Surplus funds are defined as money remaining from mortgage foreclosure sale proceeds after all payments required by the Final Judgment have been paid.
Pursuant to Florida Statute 45.031(1)(a) and (b):
IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.
IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT, (INSERT INFORMATION FOR APPLICABLE COURT) WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.
AFTER 60 DAYS, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.
The amount of funds, if any, remaining after a Mortgage Foreclosure sale will be detailed on the Certificate of Disbursements, which is mailed to all parties in a case 10 days after the date of sale. Please keep your address updated with the Clerk’s Office so you will receive this mailing in a timely manner. The Clerk cannot disburse these funds without a court order.
If you are a subordinate lienholder, you must file your claim within 60 days after the date of the Certificate of Disbursement. If you are the homeowner, you may use the suggested form in Florida Statute 45.032 to establish your claim. For convenience, we have included that form, Owner’s Claim for Mortgage Foreclosure Surplus, on our website. In addition, to submit your claim to the Court, you should file a General Motion form. You will then need to contact the Judge assigned to your case to schedule a hearing to determine entitlement to the funds. Copies of all pleadings must be sent to all parties in the case.
If no claims have been filed for the surplus funds within 60 days after the sale, the Clerk continues to hold the funds in the court registry and follows the procedures outlined in Florida Statute 45.032.
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