Foreclosures

Judicial sales of real or personal property are conducted by the Clerk pursuant to F.S. 45.031. Post sale, the Clerk of Court prepares the necessary court papers to complete the transfer of title.

Foreclosure Actions (Depending on value - filed in Circuit or County)

BUYER BEWARE! Property sold at auction may contain liens or other encumbrances that are not mentioned within the case file. The buyer is responsible for performing all research necessary to determine outstanding debts or liens. The court file may not contain property addresses as the legal description of the property is all that is required. However, this information can be obtained by a parcel record search through the Volusia County Property Appraiser's Office.

The Clerk of Court does not express or imply as to the warranty, condition, marketability, existing or potential uses, title, outstanding liens, mortgages or other encumbrances, zoning regulations or laws that may affect current or future uses of the property, or regarding any structures or fixtures thereon offered for sale by the Clerk.

Foreclosure Sales are held online at Realauction.com Volusia County Foreclosure Sales. PRIOR to the sale persons wishing to bid must register with Realauction and fund their bidder account. The bidder account must contain enough funds to cover at least 5% of the planned high bid. The balance of the winning bid plus applicable fees must be received by the Volusia County Clerk's Office by 10:00 am EST the next business day. Realauction customer service will answer any questions regarding this process, 1-877-361-7325.

Certificate of Title will be issued 10 days after the sale providing there are no objections to the sale. A Certificate of Title will transfer title to the successful bidder, but it does not guarantee clear title to the property.

Claims for surplus funds from the sale must be made 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 funds.

Interested parties may obtain a list of properties going to sale using the Foreclosure Sale Report.

Sales may cancel at any moment prior to the beginning of the sale for that property. Cancelled sales will be properly marked.

Foreclosure Instructions for Attorneys or Pro Se Filers

Plaintiff or Plaintiff's Attorney is responsible for issuance of the Notice of Sale. Prior to sale, the original notice must be filed with the Clerk of Court and a copy to the newspaper for publication. The original Affidavit of Proof of Publication must be filed with the Clerk prior to the sale but failure to file will NOT cancel your sale.