Court Auctions: A Guide to Buying Property through Judicial Sales

Court auctions can be a great way to buy property, but it's essential to understand the process. A court auction, also known as a judicial sale, occurs when a property is sold to satisfy a debt or lien.

The court auction process typically starts when a property owner defaults on a loan or tax payment. The lender or creditor files a lawsuit to foreclose on the property, and the court schedules a public sale.

As a potential buyer, you'll need to research the property thoroughly, including its value, any outstanding liens, and the court's auction rules. This will help you make an informed decision about whether to bid on the property.

The court will usually provide a list of properties available for auction, along with their estimated values and any outstanding liens. You can also visit the court's website or attend a public auction to see the properties in person.

Buying Property can be a complex process, especially when it comes to court auctions. You'll need to search the land records independently for the history of the properties, as the Circuit Clerk's Office doesn't perform these searches.

In most cases, all you'll find in the Court File is the legal description of the property. If you're interested in knowing the physical address, you'll need to look it up yourself.

You can search the land records on your own, or hire a title and abstract company to do it for you. It's a good idea to do your research thoroughly to avoid any surprises down the line.

The Circuit Clerk's Office phone number is 479-271-1017, if you need to reach them directly.

Foreclosures are filed as a general civil case in Circuit Court or County Court, depending on the amount owed, with Circuit Court handling cases exceeding $15,000.

The lis pendens document is recorded in the Official Records, with a statutory fee of $5 for the first page, $4 for each additional page, and $1 for each additional name over four.

The lis pendens is filed in the court file, and all subsequent documents, such as a dismissal, satisfaction, or withdrawal, are recorded upon payment of a $10 fee for the first page, $8.50 for each additional page, and $1 for each additional name over four.

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A final judgment is signed by the Judge, containing a date, time, and place for the judicial sale of the property.

The judicial sale is held online at www.pasco.realforeclose.com, and you can contact the assigned judge or the local Clerk & Comptroller's office for direction on the specific language to include in the Final Judgment and Notice of Sale.

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Tax deeds can be a complex and intimidating process, but understanding the basics can help you navigate the system.

In some counties, such as Cuyahoga County, the sheriff's department will not transfer title of a property purchased at tax foreclosure sale until the purchaser provides a notarized affidavit swearing that they do not own property in any other Ohio county with delinquent taxes.

To obtain a tax deed, you'll need to attend a sheriff's sale and bid on the property. In Brevard County, for example, tax certificates are sold to the party who will pay the property owner's tax and accept the lowest interest rate.

The interest rate on a tax certificate can vary from 0% to 18%. In Cuyahoga County, the only acceptable affidavits for non-delinquency are found through the Affidavits of Non-delinquency link.

If you're looking for more information about a specific tax deed file, you can view online records in counties like Brevard, which allow you to search by sale date, tax certificate number, and more.

Here are the acceptable payment methods for purchasing a property at a tax delinquent sale in Cuyahoga County:

To participate in a tax deed sale, you'll need to have a deposit on file with the Clerk & Comptroller, which is at least 5% of the estimated high bid or $200, whichever is greater, for each item you anticipate winning.

You can place a deposit via the Realauction website, and it's a good idea to have enough funds on deposit for future bidding dates, as funds are subject to availability.

Before the sale, you'll need to wire transfer your final payment by 4 p.m. on the day of the sale, or deliver a cashier's check to the Clerk & Comptroller's Office by 10 a.m. the following business day.

The Clerk & Comptroller's Office is located at the East Pasco Government Center Official Records, 14236 Sixth Street, Suite 201, Dade City, FL 33523.

All forms of payment must be received by the Clerk & Comptroller's Office before the deadline, so be sure to plan ahead and make your payment on time to avoid any issues.

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