Foreclosures / Auctions
Foreclosure Information
(Scroll down for Frequently Asked Questions - FAQs)
Telephone (321) 637-2003Fax (321) 637-2011Civil Procedure and Statutory Time Frames for the Foreclosure Procedure:
Pursuant to Section 45.031(1)(a), Florida Statutes, within the Final Judgment, the court shall direct the clerk to sell the property within 20 – 35 days of the final judgment date. A sale may be held more than 35 days from the judgment date with consent from the plaintiff/plaintiff’s attorney. These properties are sold on a buyer beware basis. The Clerk does not guarantee a clear title. Legal advice should be obtained from an attorney licensed to practice law in the State of Florida.
Pursuant to Section 45.031(2), Florida Statutes, the Notice of Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The second publication must be at least five days prior to the sale date.
Pursuant to Section 45.031(4), Florida Statutes, Certificates of Sale must be issued promptly. The Brevard County Clerk’s Office procedures require that these Certificates be issued within one day of the sale date.
Pursuant to Section 45.031(8), Florida Statutes, the amount of the bid is presumed to be sufficient consideration for the sale. Objections to the bid amount must be filed within 10 days of the filing date of the Certificate of Sale.
Pursuant to Section 45.031(5), Florida Statutes, the clerk must allow a period of 10 days from the Certificate of Sale’s filing date for any objections to the foreclosure sale to be filed. If there is no objection filed within the specified statutory timeframe, the clerk may issue the Certificate of Title. If there is an objection to the sale filed, the clerk must receive judicial direction to issue the Certificate of Title. Once the Certificate of Title has been filed, the sale is confirmed. The Certificate of Title is recorded in the Public Records.
Pursuant to Section 45.031(7), Florida Statutes, Certificates of Disbursement are issued and the funds disbursed upon filing of the Certificate of Title.
Pursuant to Section 45.032(3)(a), Florida Statutes, if the owner of record claims the surplus before the date that the clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record. The clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement.
Property Research
Persons interested in purchasing property in foreclosure are encouraged to thoroughly review the case file and Official Records to determine whether outstanding liens or encumbrances exist against the property. The court files do not contain property addresses and, in most circumstances, reflect only the legal description of the property. Please review our Frequently Asked Questions for details regarding obtaining case specific information.
BUYER BEWARE!!!
THE CLERK MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION ABOUT THE CONDITION, MARKETABILITY, EXISTING OR POTENTIAL USES, TITLE, OUTSTANDING LIENS, MORTGAGES OR OTHER ENCUMBRANCES, ZONING REGULATIONS OR LAWS THAT MAY AFFECT CURRENT OR FUTURE USES OF THE PROPERTY, OR THE EXISTENCE OF ANY CONDITIONS REGARDING ANY PROPERTY AND STRUCTURES OR FIXTURES THEREON OFFERED FOR SALE BY THE CLERK.
All properties are sold “AS IS” and bidders are responsible for conducting their own research as to the condition of the property and the state of the title of the property being sold. YOU MUST DO YOUR OWN RESEARCH FOR EACH PROPERTY or consult with someone who can advise you legally. The clerk’s office is not authorized to give legal advice. If you require legal advice, you should obtain it from an attorney or some other source. The clerk’s office assumes no responsibility for any encumbrances on any property offered for sale. The Clerk disclaims any warranty of merchantability or fitness for a particular purpose.Foreclosure Sales Information:
Location of Sale
Foreclosure Sales will be held online via the Internet at http://www.brevard.realforeclose.com/ pursuant to judgment or order of the court and Chapter 45, Florida Statutes.
Date & Time of Sale
Wednesdays beginning at 11:00 a.m. EST, (except legal holidays).
Viewing Foreclosure Files
You must do your own research for each property. Please visit our web site at http://www.brevardclerk.us for further information on any case file for which you may be interested in bidding.Frequently Asked Questions
- Where can I find a list of foreclosure sale dates and cases being offered for sale?
- Can I look up a foreclosure property by street address?
- How can I obtain a property address for a court case?
- Can I view a property before the auction?
- Are foreclosure auctions publicized or advertised?
- Where can I find case-specific information about a foreclosure file?
- Does the foreclosure sale erase all other liens on the property?
- Does the Clerk of the Circuit Court and Comptroller's Office issue the Notice of Sale to be published in the newspaper?
- Who is responsible for paying the foreclosure sale fee, and when must this fee be paid?
- What happens if the successful bid is greater than the final judgment amount in a foreclosure?
- How does the online auction work?
- What equipment and software will I need?
- Do I have to be present on the day of the sale?
- What do I need in order to participate?
- How do I register an account?
- What is the procedure for obtaining Plaintiff Access?
- Are other participants able to see my bids?
- How does the bidding work? What is a proxy bid?
- What is the overtime period? Why does the auction keep extending?
- What happens in case of a tie bid?
- Can I change or cancel my bid?
- If I am the high bidder, how long do I have to pay for the property?
- What if I fail to make the final payment or choose not to purchase the property?
- What happens to leftover deposit money?
- How do I request a refund?
- As a plaintiff representative, what is the procedure for requesting cancellation of a foreclosure sale?
- How do I update my bidder account information?
- What happens to my proxy bid if a case is canceled?
- How do I contact Customer Service?
- Where can I find a list of foreclosure sale dates and cases being offered for sale?
- A list of cases scheduled for auction can be found on the Clerk of the Court and Comptroller's (the Clerk) auction website, hosted by RealAuction, at www.brevard.realforeclose.com. Return to Top
- Can I look up a foreclosure property by street address?
- No. Foreclosure properties are listed by case number. A legal description of the property is contained in the complaint, lis pendens, and final judgment. Return to Top
- How can I obtain a property address for a court case?
-
Use the owner's name and the legal description to search the Property Appraiser's website for a site address at www.bcpao.us.
Return to Top - Can I view a property before the auction?
- You may only view the physical property with the consent of the occupant or property owner, who maintains the right of possession until a Writ of Possession is executed. An occupant or property owner who is concerned that someone may be trespassing should contact their local law enforcement agency. Return to Top
- Are foreclosure auctions publicized or advertised?
- Pursuant to section 45.031(2), Florida Statutes (F.S.), the Notice of Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The second publication must be at least five days prior to the sale. Return to Top
- Where can I find case-specific information about a foreclosure file?
-
The documents filed in foreclosure files are available online. From our website, select Court Case Search under the Public Records menu. Click on the Public Information button to log in. Search by Case Number and enter the selected case number, then click on the Submit button. Select the Register of Actions link under the Case Menu. This will display a register of activities and documents for the case number. Click on the document icon to view a document.
Foreclosure files are also available for viewing in our Land Records and Research Department, located at 700 S. Park Ave., Titusville, between 8:00 a.m. and 5:00 p.m., Monday through Friday. Arrangements to view the files must be made in advance by calling (321) 637-2004 to ensure the file is available. Return to Top - Does the foreclosure sale erase all other liens on the property?
-
No. There may still be other encumbrances (judgments, priority mortgages, taxes, or liens) that survive the sale. The winning bidder takes title to the property subject to all defects, liens, encumbrances, and matters of which he or she has or could obtain knowledge. It is the bidder's responsibility to perform all research regarding the property, including the value, title defects, liens, mortgages, or other encumbrances. The Clerk's Office does not guarantee clear title and is not responsible for any encumbrances on the property purchased at auction. The laws regarding foreclosures are extremely complicated. It is recommended that all bidders perform a title search and consult an attorney prior to placing a bid.
Return to Top - Does the Clerk of the Circuit Court and Comptroller's Office issue the Notice of Sale to be published in the newspaper?
- Effective with foreclosure cases scheduled for sale on or after April 6, 2011, the Clerk no longer issues the Notice of Sale. The plaintiff is responsible for issuing the notice, filing the original document with the Clerk , and submitting a copy to the newspaper for publication. The notice is required to comply with all provisions set forth in section 45.031(2), F.S.. The plaintiff must ensure that the original affidavit of proof of publication is filed with the Clerk prior to the sale to avoid cancellation of the sale. Return to Top
- Who is responsible for paying the foreclosure sale fee, and when must this fee be paid?
-
The plaintiff in a foreclosure is responsible for payment of the $70.00 sale fee identified in section 45.035(1), F.S. This must be paid prior to the sale. The plaintiff must also present proof of publication pursuant to sections 45.031(2) and 702.035(1), F.S. A notarized affidavit of proof of publication must be filed prior to the sale. For residential mortgage foreclosures, the sale will be canceled for nonpayment of the sale fee or lack of proof of publication.
Return to Top - What happens if the successful bid is greater than the final judgment amount in a foreclosure?
-
Surplus funds are disbursed pursuant to Section 45.032, Florida Statutes. When a property is sold at public auction, there may be surplus funds after payment to individuals who are entitled to proceeds pursuant to the final judgment. Subordinate lienholders claiming a right to surplus funds must file a claim with the Clerk no later than 60 days after the sale.
Property owners may claim the funds without the assistance of an attorney or other representation and without assigning their rights to another party. In addition to filing a claim for surplus, an owner filing a claim must also contact the assigned judge's office to schedule a hearing on their claim. The final judgment in each case contains additional information regarding this process.
SURPLUS FORM (Owner's Claim for Mortgage Foreclosure Surplus)
Pursuant to Section 45.032(3)(a), Florida Statutes, if the owner of record claims the surplus before the date that the Clerk reports it as unclaimed and there is no subordinate lienholder, the court shall order the Clerk to deduct any applicable service charges from the surplus and pay the remainder to the owner of record. The Clerk may establish a reasonable requirement that the owner of record prove his or her identity before receiving the disbursement.
Return to Top - How does the online auction work?
-
Properties are offered for sale by auction to the highest bidder. The Clerk conducts the sale via public auction on the internet.
Anyone may bid on the properties; however, it is necessary to register and have sufficient funds deposited to participate. The site provides information for each sale item, including the name of the owner, the legal description, and the opening or base bid. Additional information may be obtained from the Clerk's website at www.brevardclerk.us.
At the date and time specified for the sale, the cases are auctioned in numerical order and sold to the highest bidder. Prior to the beginning of the sale, potential bidders must post with the Clerk a nonrefundable deposit of $200.00 or 5% of the maximum amount they are willing to bid for each individual file, whichever amount is greater. Deposits are paid directly to the Clerk in the form of wire transfer, cash, cashier's check, money order, or credit card. Credit card transactions are subject to a nonrefundable processing fee of approximately 3% as charged by the vendor. The bidder is responsible for ensuring that the funds are received by the Clerk in a timely manner and for allowing sufficient time for any possible delays related to the selected payment method.
The remainder of the final bid, including the recording fee, registry fee, and state documentary stamps of $0.70 per $100.00 of the bid, is due by 5:00 p.m. EST the same day of the foreclosure sale. The bidder is responsible for ensuring the funds are received in a timely manner and for allowing sufficient time for any possible delays related to the selected payment method. Final payments are to be received in the Clerk’s bank account by 5:00 p.m. the same day as the sale.
Payment by cash, cashier's check, money order, or credit card must be made in person at the Clerk's Office. Credit card transactions are subject to a nonrefundable processing fee of approximately 3% as charged by the vendor.
The bidder may also pay the balance of their final bid from their online auction account if sufficient funds remain in the account after the initial deposit. The bidder must create a batch and choose "Pay from Deposit" as the balance payment option. Otherwise, payment must be remitted directly to the Clerk in the manner described above. The bidder must first create a batch and choose a payment method prior to bringing the funds to the Clerk's Office.
Final payments are to be received in the Clerk’s bank account by 5:00 p.m. the same day as the sale.
For foreclosures, the Clerk will issue a Certificate of Title 12 days following the sale. The Certificate of Title will be issued as designated in the title information provided by the bidder during the bidder's initial registration activity. The sale is final when the Certificate of Title is signed and recorded by the Clerk.
Return to Top - What equipment and software will I need?
- There is no special software or hardware needed for the sale. In order to participate, bidders must have a computer with access to the internet. The Clerk's Office will provide a limited number of public computers for those without internet access. Please contact the Clerk at (321) 637-2007 for availability. In order to have full functionality of the website, the supported internet browsers are the latest two versions of Microsoft Edge, Google Chrome, Firefox, or Safari. Return to Top
- Do I have to be present on the day of the sale?
- Foreclosure sales are now conducted entirely online via this website, www.brevard.realforeclose.com. It is no longer possible to appear in person to participate in the sale. Return to Top
- What do I need in order to participate?
- In order to participate in the sale, bidders must register on the auction website to obtain a username and password, and place a valid deposit for their bids to be considered. Return to Top
- How do I register an account?
-
To create an account, click this link to launch the registration wizard.
Note: Registration is global. Once registered, you can use the same username and password to sign into any RealForeclose website. You do not need to create multiple accounts. However, each county handles its own funds. In order to participate in a foreclosure auction, you will be required to initiate separate deposits with the applicable county for each sale for which you intend to bid.
Return to Top - What is the procedure for obtaining Plaintiff Access?
-
In order to have access to the cases you will be managing, you must first register an account. Be advised that registration is global, so once you have obtained a username and password, you will be able to log in to any RealForeclose site in which you will be managing cases.
Once the registration is created, an email requesting Plaintiff Access should be sent to Customer Service at customerservice@realauction.com, with the following information:
- Name of County
- Username
- Name of Firm
- Sale Date
- Case Number
An email confirming access to the Manage Cases module will be sent upon completion.
Please Note: Once an account has been granted Plaintiff Access, it cannot be used for participation as a third-party bidder. A separate funded account must be created in order to place a bid on an auction as a third-party bidder, which means the 5% deposit requirement must also be met.
Return to Top - Are other participants able to see my bids?
-
No. The high bid amount on a property is displayed to active bidders; however, the bidder's identity is not displayed.
Return to Top - How does the bidding work? What is a proxy bid?
-
Auction participants may either actively participate in the auction as it is occurs and place their bids, or they may set a proxy bid to allow the online auction system to bid on their behalf. When a proxy bid is set, the auction participant enters their highest acceptable bid for a property. As the auction runs, the online auction system then checks all other bids and enters a bid on their behalf at $100 more than the next highest bidder (proxy bidding). The system stops entering bids when the bidder's highest acceptable bid is reached.
When an auction closes, each property is awarded to the participant with the highest bid.
Return to Top - What is the overtime period? Why does the auction keep extending?
- Any bid placed with less than 30 seconds remaining on the auction clock that increases the current high bid will extend the bidding period by one full minute. If the bid entered does not increase the current high bid, the clock will not extend. Return to Top
- What happens in case of a tie bid?
-
If identical bids are placed prior to the auction start date and time, the first participant to place the bid will be deemed the official high bidder.
Tie bids are not allowed once the auction begins. However, if a bidder enters a bid that equals a proxy bid placed by another bidder, the bid entered first will be deemed the current high bid. If this occurs, you will receive a message indicating that you "Do Not Have the Current High Bid" and will then have the opportunity to raise your bid if desired. Return to Top - Can I change or cancel my bid?
-
Proxy bids may be canceled or modified (raised or lowered) at any time before the auction officially begins for that case. Once an auction begins, however, bids may only be increased. Canceling or lowering a bid during a live auction is not permitted.
Return to Top - If I am the high bidder, how long do I have to pay for the property?
- If you are the successful bidder for property at a foreclosure sale, full payment is due by 5:00 p.m. EST the same day as the sale. Please see above for additional payment details. Return to Top
- What if I fail to make the final payment or choose not to purchase the property?
- If the final bid payment is not received by 5:00 p.m. EST on the day of the foreclosure sale, the bidder's deposit will be forfeited and the sale will be canceled. The bidder is responsible for ensuring that the funds are received by the Clerk in a timely manner and for allowing sufficient time for any possible delays related to the selected payment method. Additionally, if you are the highest bidder and do not honor your bid for any reason, you may be banned from participating in future foreclosure sales. Return to Top
- What happens to leftover deposit money?
- Unused deposit money may be used to pay for winnings by clicking on "Make Payment" and following the steps indicated. A refund may be requested by clicking on "Request Refund" from the Home Page under the "Funds Transfer" menu category. Return to Top
- How do I request a refund?
- Funds on deposit are only returned when requested by the bidder. To request a refund, navigate to the Home Page, select the "Funds Transfer" menu category, and click "Request Refund." Refunds are made via paper check and mailed from the Clerk's Office to the bidder's registered name and address. Please allow up to six weeks for refund processing. Return to Top
- As a plaintiff representative, what is the procedure for requesting cancellation of a foreclosure sale?
-
All plaintiff motions to cancel and/or reschedule a foreclosure sale must be e-filed through the Florida Court’s E-Filing Portal Email cancellation requests via the RealForeclose website will not be honored.
Please submit your motion and $50 re-open fee (pursuant to F.S. 28.241), if applicable, via the Florida Court’s E-Filing Portal. All proposed orders should be submitted directly to the assigned judge. If the sale is to be rescheduled, the appropriate notices and publications are required. Return to Top - How do I update my bidder account information?
-
To prevent potential fraud and protect your personal information, all requested changes to your registered bidder account will go through an approval process and will be updated by RealAuction.
Instructions
- Log into your bidder account and select "My Account" on the left menu.
- Select the item(s) to update by placing a checkmark in the box to the left of the item and enter the information to be changed.
- Upload the supporting documents in one of the following acceptable formats: PDF, PNG, JPEG, GIF, or JPG.
- Based on your request, provide the following supporting documents:
a. Name
Registered Bidder Name: Photo ID (passport, driver's license, or ID card)
Proof of name change: Marriage license, death certificate, or change in business relationship.
b. Address
Photo ID (passport, driver's license, or ID card) or utility bill showing the new address.
c. Phone Number
Photo ID (passport, driver's license, or ID card).
d. Email Address
Photo ID (passport, driver's license, or ID card).
e. Business Entity Change
Photo ID (passport, driver's license, or ID card).
Articles of Incorporation and/or proof of change (partnership, LLC, IRS filings, Division of Corporations listing, or notarized document).
- Submit your request.
Once the review of the request is completed, you will receive a Customer Service ticket number and a follow-up response confirming approval or denial, with an explanation.
Please Note: Updating your registered bidder information does not automatically update information associated with your aliases (names on title). Those changes must be made by the bidder through the My Account option. Click on the "Manage Title" tab, select the alias to update, and manually enter any necessary changes. Return to Top - What happens to my proxy bid if a case is canceled?
- If a presale/proxy bid is placed on a case that is subsequently canceled, all bids will be removed. If that same case is reactivated for the same date or rescheduled for another sale date, bids previously placed will not be restored. It is the sole responsibility of participants to check the status of the cases for which they intend to participate. Return to Top
- How do I contact Customer Service?
- Please contact Customer Service through the RealAuction website. Return to Top