{"id":5679,"date":"2022-01-12T09:58:12","date_gmt":"2022-01-12T14:58:12","guid":{"rendered":"https:\/\/collierclerk.com\/?page_id=5679"},"modified":"2026-04-21T12:19:01","modified_gmt":"2026-04-21T16:19:01","slug":"foreclosures","status":"publish","type":"page","link":"https:\/\/app.collierclerk.com\/collierclerkcom\/court-divisions\/civil-court\/foreclosures\/","title":{"rendered":"Foreclosures"},"content":{"rendered":"\n\n\n
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Foreclosures<\/h1>\n

Setting The Foreclosure Auction<\/h2>\n

If the lender gets a judgment of foreclosure, the court generally schedules a sale of the property not less than 20 days, but no more than 35 days, after the judgment.<\/p>\n

Notice Of Foreclosure Auction<\/h2>\n

Note<\/strong>: A copy of the notice of sale and Affidavit of Proof of publication must be filed with the Clerk no later than 24 hours prior to the sale.<\/strong><\/p>\n

Please ensure the notice of sale meets statutory requirements below:<\/p>\n

Pursuant to Florida Statute 45.031(2) Publication of Sale. Notice of sale shall be published once a week for two consecutive weeks in a newspaper of general circulation, as defined in chapter 50, published in the county where the sale is to be held. The second publication shall be at least 5 days before the sale.\u00a0The notice shall contain:<\/p>\n

    \n
  1. A description of the property to be sold.<\/li>\n
  2. The time and place of sale.<\/li>\n
  3. A statement that the sale will be made pursuant to the order or final judgment.<\/li>\n
  4. The caption of the action.<\/li>\n
  5. The name of the clerk making the sale.<\/li>\n
  6. A statement that any person claiming an interest in the surplus 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.<\/li>\n<\/ol>\n

    The court, in its discretion, may enlarge the time of the sale. Notice of the changed time of sale shall be published as provided herein.<\/p>\n

    Cancelling A Foreclosure Sale<\/h2>\n

    Foreclosure sales may be cancelled as a result of the filing of suggestion of bankruptcy, orders of the court, or redemption.<\/p>\n

    Foreclosure Auctions<\/h2>\n

    At the foreclosure auction, the property will be sold to the highest bidder, which is often the foreclosing lender (The lender usually makes a credit bid at the foreclosure sale). If the lender is the highest bidder, the property becomes REO; Real Estate Owned. All properties & liens are sold \u201cAS IS.\u201d This means bidders are responsible for conducting their own research on the property\/lien. The Clerk\u2019s office makes no warranties or representation about the location or condition regarding any property, the condition of any structures or fixtures, its marketability, existing or potential uses, zoning regulations or laws that may affect current or future uses of the property, outstanding or potential liens, mortgages or other encumbrances or defects in title that may exist, including whether any defendants have filed a bankruptcy. The Collier County Clerk assumes no responsibility for any encumbrances on any property offered for sale.<\/p>\n