ForeclosuresActions 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, and County Court up to and including $15,000.
When a lis pendens or an amended lis pendens is filed, it will be recorded in the Official Records. The statutory fee for recording this document is $5.00 for the first page plus $4.00 for each additional page, which is payable at the time of submitting the lis pendens for filing in the court file. All subsequent lis pendens documents, such as a dismissal, satisfaction, withdrawal, etc, will be recorded upon the payment of the statutory recording fee of $10.00 for the first page and 8.50 for each additional page, which is also due at the time of submitting the document.
When a foreclosure case is completed, a final judgment will be signed by the Judge. This judgment will contain a date, time and place for the judicial sale of the property, which pertains to the subject of the foreclosure action. Judicial sales are held online at www.pasco.realforeclose.com
You may contact the assigned judge or the local Clerk & Comptroller's office for direction if you are unsure of the specific language to include in the Final Judgment and Notice of Sale.
Judicial sales are open to the public and are generally held online beginning at 11:00am Monday through Friday, excluding legal holidays.
Clerk AssistancePursuant to Florida Statutes Chapter 45, the Clerk & Comptroller will conduct the judicial sale after all publication, notice and other legal requirements have been completed. By law, the Clerk & Comptroller'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 go online in advance to observe a sale take place. This will give you an idea of what to expect.
Any person contemplating the purchase of 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 & Comptroller 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. However, depending upon certain situations, this may not transfer ownership of the property. In a 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 surplus funds (money) from the sale after payment to 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 on which the foreclosure action is taken has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall 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 & Comptroller, in Dade City: 38053 Live Oak Avenue, Dade City, FL 33523-3894, (352) 521-4359 or in New Port Richey: 7530 Little Rd, New Port Richey, FL 34654, (727) 847-8176 EXT. 2140, within ten (10) days after the sale to determine if there was additional money remaining after the foreclosure sale.
If you decide to sell your home or hire someone to help you claim the surplus funds, you should read very carefully all papers you may be required to sign, and 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 funds 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 surplus funds remaining after the sale, you must file a claim with the Clerk & Comptroller 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 funds.
Department Contact Information
|Dade City||New Port Richey|
|Paula S. O'Neil
Clerk & Comptroller
38053 Live Oak Avenue
Dade City, FL 33523-3894
(352) 523-2411 Ext. 2211
|Paula S. O'Neil
Clerk & Comptroller
P.O. Box 338
New Port Richey, FL 34656-0338
7530 Little Road
New Port Richey, FL 34654
(727) 847-2411 Ext. 2211
Foreclosure Fees, Deposits and
Foreclosure Sale Fee, Deposit and Payment Procedures
The statutory fee for a judicial sale is $70. This must be paid to the Clerk
& Comptroller prior to the time of sale. The sale will be cancelled if the
fee is not paid.
Location of Sale
Date & Time of Sale
Judicial sales will be conducted Monday through Friday beginning at 11:00 AM ET, on the
specified date, (excluding legal holidays).
Anyone may bid on a property; however they must register on the www.pasco.realforeclose.com web site and place a deposit PRIOR to the sale. It is recommended that a potential bidder place on deposit adequate funds for anticipated bidding for future dates. Funds are subject to availability based on the rules defined on the Realauction web site. The site provides information for each pending sale, including the court case number and legal description. The Clerk & Comptroller and Realauction are not responsible for the quality or accuracy of any information provided on this site.
The following procedures for Chapter 45 Florida Statutes judicial sales apply unless the Final Judgment directs otherwise:
Prior to participating in a sale, the bidder must have on deposit with the Clerk & Comptroller via the Realauction web site a minimum amount that is at least 5% of the estimated high bid for each item the bidder anticipates winning at the sale. The amount of the deposit will be applied to the winning bidder's final bid amount.
Payment of the 5% deposit may be made in the form of ACH (electronic check), cash, or cashier's check or wire transfer.
PLEASE NOTE: ACH deposits require 4 full business days to settle in the Clerk & Comptroller's account. Deposits made via ACH must be settled and cleared in the Clerk & Comptroller's account prior to the start of a sale in order to bid on a property.
Cash OR cashier's checks will also be accepted, however, these forms of payments must be delivered to the Clerk & Comptroller's Office at either the Robert D. Sumner Judicial Center, 38053 Live Oak Avenue, Suite 205, Dade City, Florida OR the West Pasco Judicial Center, 7530 Little Road, Suite 105, New Port Richey, Florida, no later than 5:00 PM ET the business day PRIOR to the foreclosure sale.
Participants must setup a username and password online via the Realauction web site PRIOR to delivering funds for deposit to the Clerk & Comptroller's Office.
CASHIER'S CHECK SHALL NOT BE MORE THAN SIX (6) MONTHS OLD, and shall be payable to:
Paula S. O'Neil, Clerk & Comptroller.
Split Payments will NOT be accepted.
Personal Checks will NOT be accepted.
Successful Bidder/Final Payment
If a bidder is successful, 5% of the successful bid will be deducted from the initial deposit, and credited toward the total amount due. The successful bidder must pay the remainder of the bid plus the court registry fees (3% of the first $500.00 and 1.5% of the balance), documentary stamps (.70 per $100.00), and the online auction fee ($49.00). Payment can be made by transferring funds from the bidder's Realauction deposit account via the Realauction web site, or by cash or cashier's check(s) in person at the Clerk & Comptroller's Office.
Cash OR cashier's checks will also be accepted, however, these forms of payments must be delivered to the Clerk & Comptroller's Office at either the Robert D. Sumner Judicial Center, 38053 Live Oak Avenue, Suite 205, Dade City, Florida OR the West Pasco Judicial Center, 7530 Little Road, Suite 105, New Port Richey, Florida. All forms of payment must be received no later than 4:00 PM ET the day of the foreclosure sale.
Split Payments will NOT be accepted.
Personal Checks will NOT be accepted.
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 & Comptroller 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 & Comptroller will issue the Certificate of Title that is provided by the purchaser, 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 & Comptroller 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 surplus 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 a case is in a closed or reclosed status for a period greater than 90 days.
Forms of Final Payment
If paying in person, payment must be made in the form of cash or cashier's check, payable to: Paula S. O'Neil, Clerk & Comptroller.
DO NOT SEND CASH THROUGH THE MAIL.
Please refer to General Civil case information for appropriate filing fees.General Civil Filing Fees
Notice from Judge Polk regarding Sale Cancellation Motion to Cancel and Reschedule Foreclosure Sale