Foreclosures / Auctions

A list of cases scheduled for auction and the date each case is scheduled can be found on the Foreclosure Sales List Portal.

No. Properties are listed by case number. A legal description of the property is contained in the complaint, lis pendens, and final judgment.

Use the owner’s name and the legal description to search the Property Appraiser’s website for a site address. The Clerk’s webpage has a link to the Property Appraiser’s site. Click on the heading titled “Governmental Entities and Helpful Links”. Select the Property Appraiser’s link under the Brevard County listing. This will open the Property Appraiser’s website.

You may only view the 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.

Foreclosure auctions are typically held on a weekly basis on Wednesdays at 11:00 a.m. in the Brevard Room at the Brevard County Government Center – North, 518 S. Palm AVE, Titusville. Information regarding upcoming sales may be found on our website as described above.

All foreclosure auctions are held in person. You must be present to bid at the location and time described above.

Yes. Effective July 9, 2014, the Brevard County Clerk’s Office will require foreclosure auction bidders to submit their information on a Bidder Registration List. Please arrive at least 15 minutes prior to the auction to ensure that you have time to register. The Clerk’s Office will also require successful bidders to fill out a Certificate of Title information sheet.

Pursuant to Sec. 45.031(2), 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 date.

If you are interested in a property, it is YOUR responsibility to do the research to determine the property’s address, its value, and whether liens or other encumbrances exist. The Clerk’s Office cannot advise you on how to conduct the research. The Clerk’s Land Records and Research Department may be able to offer some information regarding searching the Official Records. Their telephone number is (321) 637-2004.

The documents filed in the 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 AM and 5:00 PM Monday through Friday. Arrangements to view the files must be made in advance by calling (321) 637-2004 to ensure that the file is available.

Effective with the cases scheduled for sale on or after April 6, 2011, the Brevard County Clerk of Courts will no longer issue the Notices of Sale. The plaintiff is now responsible for the issuance of the Notice of Sale, filing the original document with the Clerk of Courts, and submitting a copy to the newspaper for publication. The Notice is required to comply with all provisions set in Section 45.031(2), Florida Statutes. 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.

The Plaintiff is responsible for payment of the $70.00 sale fee identified in Section 45.035(1), Florida Statues. 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 cancelled for non-payment of the sale fee or for lack of proof of publication.

The final judgment contains a provision allowing the Plaintiff a credit of up to the judgment amount; interest from the date of the judgment through the sale date; and any subsequently incurred costs, such as attorney’s fees, cost of publication, etc. Bidders may observe the Plaintiff/Plaintiff’s representative bid $100.00 during the auction. This activity corresponds with the requirement in the final judgment that the property be sold at auction. The Plaintiff/Plaintiff’s representative bids a minimal amount to minimize their costs in documentary stamp taxes.

If other parties bid on the property, the Plaintiff will typically bid up to the judgment amount and, depending upon the balance due on the mortgage and the Plaintiff’s estimate of the value of the property, may bid more than the judgment amount. There are rare circumstances where the Plaintiff will allow the property to sell for less than the judgment amount, in which case the Plaintiff could motion the court for a deficiency judgment against the borrower for the difference in the sale price and the judgment amount. The borrower would then have a monetary judgment against him/her.

At the time of the sale, the successful bidder must have a deposit equal to 5% of the bid amount for each property. The deposit must be in certified funds and is verified during the bidding process. Wire transfers are not accepted for the bid deposit. The deposit is non-refundable and is applied to the sale price. If the deposit cannot be verified, that case is immediately re-auctioned.

As indicated above, the successful bidder must remit the 5% deposit immediately at the conclusion of the sale. The deposit must be in certified funds. Wire transfers are not accepted for the bid deposit. The remaining balance of the bid must be paid in certified funds by the end of the business day in one of our five branch offices: Titusville, Merritt Island, Viera, Melbourne, or Palm Bay.

The successful bidder must also pay documentary stamp taxes and a fee for depositing funds into the Court’s registry. Documentary stamp taxes and the registry fee are calculated on the final bid amount. The successful bidder is advised of the total amount due at the conclusion of the auction. Organizations or individuals that tender insufficient funds on statutorily-mandated 5% deposits on judicial sales must tender all future payments in U.S. cash until the deficiency is otherwise made whole.

All deposits and payments must be made by certified funds: cash, cashier’s check, attorney’s escrow/trust account checks, money order or credit card. Wire transactions are only accepted for the remaining balance. All payments, including wire transfers, must be received by 5:00 pm the day of the sale. The Clerk’s Office accepts all major credit cards, including Visa, MasterCard, American Express and Discover.

When paying by credit card, a convenience fee will be assessed based upon the amount you are paying. The Clerk’s Office does not receive any portion of this fee. The maximum credit card payment accepted for a foreclosure auction is set at $25,000.00. Any amount in excess of $25,000.00 must be paid by certified funds.

Cashier’s checks and money orders must be made payable to the Brevard County Clerk of Court. The Clerk’s Office will not accept personal checks, certified bank checks, business checks or third-party checks. Organizations or individuals that tender insufficient funds on statutorily-mandated 5% deposits on judicial sales shall be required to tender all future payments in U.S. cash until the deficiency is otherwise made whole.

Your final balance will include court registry fees. This fee is calculated at 3% of the first $500 and 1.5% of the remaining balance of the sale price. In addition, the Department of Revenue Documentary stamps will be due. This is a tax that is calculated at the rate of $0.70 per $100 of the sale price.

The Court Registry Fees and the Documentary Stamps will be calculated by the clerk conducting the auction. Both amounts will be factored into the remaining balance owed after the 5% is paid, and a total sum due by the end of the business day will be given to the successful bidder to ensure all fees are correctly paid in full.

A certificate will be issued to reflect non-payment of the bid and will be filed in the court file. The deposit paid at the auction will not be refunded.

Any bidder who fails to pay the balance of his or her foreclosure bid on a property shall be banned from bidding on that particular property during any future rescheduled sale.

The Clerk will issue a Certificate of Title after 10 days of the Sale, provided there are no pending actions related to the sale proceeding. This document will transfer title to the successful bidder, but is not a guarantee of clear title. It is the buyer’s responsibility to determine whether any liens or encumbrances survive the issuance of the Certificate of Title, whether additional taxes may be due, and if further legal action is necessary.

Cases may be cancelled up to the time that the case is called up for sale. Participants may review the Foreclosure Sales List periodically for cancellation updates, which will be reflected with a comment indicating “CANCELLED”.

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 lien holders 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.