Foreclosure – Frequently Asked QuestionsNOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only. We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk. How do I know if a sale has been canceled for any reason?Properties listed on the Foreclosure Sales Calendar will have the word “Canceled” and the reason for the cancelation beside them to indicate that the property is no longer going to a foreclosure sale. The Circuit Civil clerks will make every effort to keep this information current; however, to check for last-minute cancellations, you may wish to contact the Circuit Civil Section at (352) 742-4148. What if I am the highest bidder, and I then choose not to purchase the property for any reason?If you fail to pay the balance due, you will forfeit your deposit. If you are the highest bidder and you do not honor your bid for any reason, you may be barred from bidding at any future foreclosure sales in Lake County. How can I be sure that a foreclosed property has a clear title?For a fee, title companies offer title searches and title insurance. You may also wish to seek legal advice from an attorney. Title companies and attorneys may be found online. The Clerk’s Office does not guarantee a clear title and is not responsible for any encumbrances on the property. What happens if the sale is set aside?If you bid at a sale and the sale is set aside for reasons other than Clerk’s error, the Clerk will retain the sale and registry fees earned. A court order will be required for the release of all other funds paid by the successful bidder. What will my costs be if I am the successful bidder?If you are the successful bidder, the amount of your bid must be placed in the registry of the court. A Clerk’s fee of 3% of the first $500 and 1.5% of the remainder of your bid will be due on that amount. Also due at this time are the documentary stamps, which are charged at $.70 per $100 of the final bid. The total amount required from you will be calculated by the Clerk at the end of the sale. All funds shall be payable to Gary J. Cooney, Clerk of the Circuit Court & Comptroller. What are the terms of payments?At the time of the sale, if you become the successful bidder, you must immediately deposit five percent (5%) of your bid with the Clerk in cash, cashier’s check, money order, or attorney trust account check. No personal checks will be accepted. The balance of your bid, plus costs, must be paid in the same manner as outlined above by 4 p.m. that afternoon unless stated otherwise in the final judgment. All funds shall be made payable to “Gary J. Cooney, Clerk of the Circuit Court & Comptroller.” The method of payment will be verified before bidding. If the successful bidder does not post the deposit as set forth above at the time of the sale, the bid will be considered invalid. The sale will immediately be re-held, and the bidder will be disqualified from bidding on that particular sale. NOTE: We do not accept cashier’s checks dated more than two (2) months from the issue date. When and where are foreclosure sales held?When scheduled, foreclosure sales may be held Monday through Friday at 11 a.m. at the Lake County Courthouse, 550 W. Main St., Tavares, FL. Sales are generally held in the Jury Assembly Room located on the first floor, east wing. When necessary, we may hold sales in the first-floor lobby of the North Wing. Signs will be posted in the lobby of the main entrance to the Courthouse, or you may inquire with the Information Desk upon your arrival. How do I obtain a property description?This information is available in the court file, newspaper publication, or by searching the Official Records section of our website. Our court file often does not contain the address of the property. The court file may be viewed online. Where may I obtain a listing of foreclosed properties to be sold?The Lake County Clerk’s Office maintains a listing of cases scheduled for sale. This listing is available for viewing online. This listing provides a case number, case caption, and date of sale for each listed property. It does not provide a legal description of the property. Foreclosure actions are also published in local newspapers, e.g., The Daily Commercial, The Orlando Sentinel, Southlake Press, Clermont News Leader, Triangle News Leader, Orlando Business Journal, Daily Sun, and The North Lake Outpost. The public notice will provide you with the date and time of the scheduled sale, as well as the legal description of the property. Electronic files may be viewed on public computers located in the reading room at the Lake County Courthouse, Monday through Friday between 8:30 a.m. and 5 p.m. |
Foreclosure – Frequently Asked QuestionsNOTE: Florida law prevents staff of the Lake County Clerk’s Office from providing legal advice. The information, forms, and documents contained on this website are provided to help those seeking to represent themselves without the assistance of an attorney and are meant to serve as a guide only. We do not guarantee that the information provided will achieve the result you desire. If you are using the forms or documents provided on this website, you do so at your own risk. |