Judicial/Mortgage Foreclosure Sales
Electronic Foreclosure Sale Fee Notice
Beginning July 1, 2021, the Plaintiff is required to pay the $70.00 Electronic Sale Fee each time a sale is scheduled or rescheduled pursuant to F.S. 45.035. The $70.00 Electronic Sale Fee is only payable through the ePortal by selecting the Notice of Sale document type.
Foreclosure Sale Purchase Cost CalculatorUse our foreclosure fee calculator to calculate the total cost.
- Foreclosure Sales Administrative Order 3.07
- Publication Notices to be Transmitted by Attorneys
- Foreclosure Information Sheet
- Frequently Asked Questions
- Calculate Value of Claim Form
- Florida Statutes 45.032 Claim Form
Auctions for court-ordered sales of real property are held online at www.alachua.realforeclose.com. Online auctions are authorized notwithstanding any contrary location provisions in final judgments or court orders. All published notices of sale will be held online at www.alachua.realforeclose.com.
Before bidding, bidders must post a deposit with www.alachua.realforeclose.com of 5% of the maximum amount they will bid. The balance of the bid is due by the close of business on the first business day following the sale.
In recognition of differing holidays, the first business day after the sale shall be defined as the next day when the Clerk's office and Federal and State banks are open so as to enable the purchaser to obtain the funds.
All properties are sold “AS IS.” YOU MUST DO YOUR OWN RESEARCH FOR EACH PROPERTY. Bidders are responsible for obtaining any information they might need regarding the location, description, value, and/or quality of title of the property being sold. There is no guarantee of a clear title. Some encumbrances (liens) may survive the foreclosure sale, such as current-year taxes, superior mortgages, or additional liens; or there may be other defects in the title. To be better informed on the property, you may want to have a title search done by an attorney or title company. Additionally, there are no guarantees about the location or condition of the property being sold, the condition of structures or fixtures on the property, existing or potential uses, and zoning regulations or laws that may affect current or future uses of the property. If the property is occupied, your access to the property may require legal action for possession.
BIDDING RISKSBidding Process At the start of the live auction, preset bids immediately move the auction to the highest bid at $100 more than the next highest bid. In some cases, the Plaintiff (mortgage holder or assignee) will hide their pre-placed max bid, in which case the bidding will immediately move to $100 over that bid if it is the highest bid. Incremental $100 increases will not show until live bidding begins. During live bidding, the high bid will continue to increase at $100 over the next highest bid until the auction concludes. All sales are subject to cancellation without notice. A foreclosure sale can be set aside due to bankruptcy, court order, redemption, or other reasons. Regardless of the reason, the Clerk’s statutory fees (sale fee, electronic online auction fee, and registry fees) cannot be refunded, as the Clerk is required to retain these fees under Florida law. Bidders are expressly assuming the risk of forfeiting Clerk fees if the sale is set aside, as agreed to in the bidder user agreement.
SURPLUS FUNDS ON FORECLOSURE SALES
Florida Statutes 45.031 provides that if the owner of record claims the surplus during the 60-day period and no lienholders have filed claims, the court is authorized to enter an order disbursing the surplus to the owner of record after directing the clerk to deduct any applicable service charges. The clerk may assist an owner of record in making a claim. Florida Statutes 45.032 claim form.
FS 45.032(b) provides that if any person other than the owner of record claims an interest in the proceeds during the 60-day period or if the owner of record files a claim for the surplus but acknowledges that one or more other persons may be entitled to part or all of the surplus, the court shall set an evidentiary hearing to determine entitlement to the surplus.
REGISTRY AND SALE FEES NON-REFUNDABLE
Registry and sales fees are earned at the time services are rendered. Registry fees are earned upon deposit. Sales fees are earned upon a sale being auctioned to a high bidder. Such fees are non-refundable despite an order vacating or setting aside a sale. Such risks associated with foreclosure sales are assumed by the depositor (bidder or plaintiff).