Use the links below to obtain the information pertaining to the specified area.
Clerks Assistance
Foreclosure Sale Fee, Deposit and Payment Procedures
Payment for General Filing Fees and Service Charges
Foreclosure Forms
General Civil Filing Fees
Department Contact Information
Actions to foreclose a lien on real property are filed as a General Civil case, either in Circuit
Court or County Court depending upon the amount owed. Circuit Court has jurisdiction for cases
exceeding $15,000.
If a lis pendens, satisfaction or release of lis pendens is filed, and you want to
record the document in the Official Records, you must submit the statutory fee of $5
for the first page and $4 for each additional page, when submitting the original document
for filing in the court file.
When a foreclosure case is completed, a final judgment will be signed by the Judge. This judgment
may contain a date, time and place for the judicial sale of the property, which was the subject of
the foreclosure action. Judicial sales are held at the Pasco County Courthouse in Dade City and at
the West Pasco Judicial Building in New Port Richey.
From time to time, building renovations and security issues may dictate specifically which entrance
is being used for these sales. You may contact the assigned judge or the local
Clerk’s Office if you are unsure of the specific location language to include in the Final Judgment
and Notice of Sale.
Judicial sales are open to the public and are generally held beginning at 11:00am on Tuesday,
Wednesday or Thursday.
Clerk Assistance
Pursuant to
Florida Statutes Chapter 45, the Clerk of the Circuit Court will conduct the judicial
sale after all publication, notice and other legal requirements have been completed. By law, the
Clerk’s office cannot provide legal advice or otherwise tell you how to proceed with your case.
Since judicial sales are advertised and are open to the public, you may choose to attend a sale
and observe the bidding process prior to the date assigned to your case. This will give you an
idea of what to expect.
Any person contemplating purchasing property at a foreclosure sale is encouraged to review the court
file and any related documents, and to conduct their own research of the official records of Pasco
County. The Clerk does not determine the existence or priority of any liens or encumbrances upon
the property being sold.
The defendant or other interest holder may redeem the property by right of redemption at any time
prior to the sale, or such other time as specified in the final judgment, by paying all indebtedness
including attorney fees and costs. This redemption will cancel the sale process.
In a recent 2006, 4th DCA decision, MERS vs. Mahler, the remedies for satisfying a judgment
pursuant to
Florida Statute 55.141 do not pertain to cases in foreclosure.
Pursuant to changes in Florida Statutes Chapter 45 effective July 1, 2006 the
following wording must appear in certain foreclosure documents:
- Final Judgments of Foreclosure
If property is sold at public auction, there may be additional money from the sale after
payment of persons who are entitled to be paid from the sale proceeds pursuant to this final
judgment.
If you are a subordinate lien holder 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 the property being foreclosed on has qualified for the homestead tax
exemption in the most recent approved tax roll, the final judgment shall additionally
contain the following statement in conspicuous type.
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 Circuit Court, in Dade City: 38053 Live Oak Avenue, Dade City, FL 33523-3894,
(352) 521-4517 or in New Port Richey: PO Drawer 338, New Port Richey, FL 34656-0338,
(727) 847-8176 EXT. 8795, 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.
If you decide to sell your home or hire someone to help you claim the additional money,
you should read very carefully all papers you are required to sign, ask someone else,
preferably an attorney who is not related to the person offering to help you, to make
sure that you understand what you are signing and that you are not transferring your
property or the equity in your property without the proper information.
If you cannot afford to pay an attorney, you may contact Bay Area Legal Services,
37718 Meridian Avenue, Dade City, 33525, (352) 567-9044; or 8406 Massachusetts Avenue,
New Port Richey, FL 34653 (727) 847-5494 to see if you qualify financially for their services.
If they cannot assist you, they may be able to refer you to a local Bar referral agency or
suggest other options. If you choose to contact Bay Area Legal Services for assistance,
you should do so as soon as possible after receipt of this notice.
- Notices of Sale
Any person claiming an interest in the surplus from the sale, if any, other than the
property owner as of the date of the lis pendens must file a claim within 60 days after
the sale.
- Certificate of Disbursements
If you are a person 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. After 60 days, only the owner
of record as of the date of the lis pendens may claim the surplus.
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Foreclosure Sale Fee, Deposit and Payment Procedures
The statutory fee for a judicial sale is $70. This must be paid to the Clerk of the Circuit
Court prior to the time of sale. The sale will be cancelled if the fee is not paid timely.
At the judicial sale, if the property is sold by highest bid to someone other than the plaintiff
in the foreclosure action, the high bidder is required to immediately make a deposit into the
Court Registry in the Clerk of the Circuit Court’s office, equal to 5% (five percent) of the final
bid amount (purchase price), plus the statutory registry fee. The deposit may be made in cash
or personal check when not more than 5% of the purchase amount. Deposits higher than 5% must be
made in the form of a cashier's check, bank draft, or money order in US currency.
The purchaser has until 4:00pm on the day of the sale to return to the Clerk of the Circuit
Court and deposit the balance of the purchase price into the Court Registry, along with the statutory
registry fee. No personal checks will be accepted for the payment of the balance due. The deposit
for the balance due must be submitted in the form of a cashier's check, bank draft, or money order
in US currency (note that procedure also applies to tax deed sales).
Checks for registry deposits and payment of foreclosure sale
balances must be made payable to: Jed Pittman, Clerk of Circuit Court
The Statutory registry fee is 3% (three percent) of the first $500
and 1.5% (one and half percent) of each subsequent $100 or fraction
thereof. This fee is assessed for each deposit (or partial deposit)
into the Registry.
The deputy clerk conducting the judicial sale will verify or assist in calculating the amounts
required to be deposited.
After the sale has been completed, and the full payment has been deposited into the
court registry, the deputy clerk will issue a
Certificate of Sale.
Any party may file an objection to the sale within 10 days after the Certificate of Sale is filed.
The court will determine the validity of the objection and direct the Clerk as to the issuance of
the Certificate of Title.
When the sale is completed, and if there are no objections to the sale or other pending matters
with the Court that are related to the sale, the Clerk will issue the
Certificate of Title after 10 full days have elapsed from the date of the Certificate of Sale (or as otherwise
directed by the Court). The Certificate of Title is recorded and transfers ownership of the property
in the official records.
The Clerk will then make disbursements of the proceeds of the sale, pursuant to the amounts
specified in the final judgment and supporting affidavits. A
Certificate of Disbursements will be prepared, and the parties will be notified of any excess funds remaining in the
Court Registry.
Within 60 days, the owner of record may file a
claim for the surplus funds after statutory fees and costs have been deducted.
A statutory reopen fee of $50 must accompany this claim.
If no claim is filed, the court will
appoint a surplus trustee to locate the owner of of the surplus funds.
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Payment for General Filing Fees and Service Charges
-
Payment for Clerk’s filing fees or other services may be submitted in cash, personal
in-state check (with proper identification), in-state business check, money order,
bank check, Visa or MasterCard. All payments for fees and costs must be remitted
in US currency. Please see section above for special Foreclosure Sales payment procedures.
DO NOT SEND CASH THROUGH THE MAIL.
-
Checks for service fees and registry deposits must be made payable to:
Jed Pittman, Clerk of Circuit Court
- Please refer to General Civil case information for appropriate filing fees.
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DEPARTMENT CONTACT INFORMATION
| Dade City |
New Port Richey |
Jed Pittman
Clerk of the Circuit Court
38053 Live Oak Avenue
Room 205
Dade City, FL 33523-3894
(352) 521-4517
8:30am-5:00pm
Monday-Friday
Directions
|
Jed Pittman
Clerk of the Circuit Court
Mailing Address
PO Drawer 338
New Port Richey, FL 34656-0338
Physical Location:
7530 Little Road
New Port Richey, FL 34654
Room 105
(727) 847-8176
8:30am-5:00pm
Monday-Friday
Directions
|
