The Circuit Civil Department of the Clerk’s Office is responsible for conducting Foreclosure Sales in accordance with Florida Statute 45.
Sales Information:
Sales take place at the south door of the Courthouse, located at 112 South Main Street, Trenton, FL 32693, on Mondays at 11:00 a.m. Representatives for the plaintiff must pay the sale fee of $70.00 in the Circuit Civil Department prior to the sale. A sale will not be held without a representative of the plaintiff present. Sales are advertised for two consecutive weeks in the Gilchrist County Journal.
Any persons interested in purchasing property during a Foreclosure Sale are encouraged to thoroughly review the court files and/or the official records of the Clerk’s Office to determine if there are any outstanding liens or encumbrances existing against the property in question. The Court Clerks in the Circuit Civil Department cannot determine for you whether a lien will survive the foreclosure. This is important because once the Clerk announces who the property is sold to, it cannot be changed without a Court Order. If the property is sold to somone other than the plaintiff, the bidder will be required to produce a good faith deposit immediately.
Deposits Required:
All bidders other than the plaintiff (person holding the Judgment) must be prepared to pay to the Clerk in cash or cashiers check a good faith deposit of 5% of the final bid. The Clerk will not accept any other form of payment. The cashiers check must be made payable to the “Gilchrist County Clerk of Circuit Court” only. If the high bidder does not tender the good faith deposit as required, the Clerk will make such announcement, and conduct the sale again, asking for a first bid and continuing until the highest bid is again accepted, unless the Final Judgment directs otherwise. Once the deposit is verified, the successful high bidder will follow the Clerk into the office for a validated receipt and further instructions. After the good faith deposit has been paid and the bidder has the validated receipt, that bidder will be instructed to return to the Clerk’s Office no later than 12:00 p.m. (noon) the following day with the balance of the bid. In addition, court registry fees must be paid at the time the balance of the bid amount is paid. The Clerk will calculate this figure for the bidder and give them a sheet of paper with the required total that is due. If the bidder does not return within the prescribed period, the good faith deposit will be forfeited pursuant to Florida Statute 45.031(2). The sale will be re-advertised and sold at a later date.
The State Documentary Stamp Tax is .70 cent per every $100 of consideration or fraction thereof on instruments conveying an interest in real property, and must be paid wihtin 10 days.
The Court Registry Fee charge is 3% of the first $500 and 1.5% on each subsequent $100.
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.
Redemption:
The right of redemption ends upon the issuance of the Certificate of Title.
Certificates:
A Certificate of Sale is issued by the Clerk of Circuit Court provided all required sale proceeds are paid in full.
A 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 pending action relating to the subject proceeding.
A Certificate of Disbursement is issued by the Clerk of Circuit Court to the Certificate of Title, if applicable.
Cancellation of Sale:
A sale will be cancelled by the Clerk if one of the following conditions exist:
- Suggestion of bankruptcy or copy of the bankruptcy has been timely filed.
- A telephone call from a Judge or Judicial Assistant advising the Clerk to cancel the Sale.
- Proof that the Notice of Sale has not been published or the the publication contained major errors.
- Order Setting Aside Final Judgment is filed.
- Motion and signed Order Canceling Sale is received.