Examples: query, "exact match", wildcard*, wild?ard, wild*rd
Fuzzy search: cake~ (finds cakes, bake)
Term boost: "red velvet"^4, chocolate^2
Field grouping: tags:(+work -"fun-stuff")
Escape special characters +-&|!(){}[]^"~*?:\ - e.g. \+ \* \!
Range search: properties.timestamp:[1587729413488 TO *] (inclusive), properties.title:{A TO Z}(excluding A and Z)
Combinations: chocolate AND vanilla, chocolate OR vanilla, (chocolate OR vanilla) NOT "vanilla pudding"
Field search: properties.title:"The Title" AND text
Answered
Clerks of Court Refusing to refund full funds after Foreclosure sale was vacated

One of the heirs of the deceased home owner filed for BK the mornig of the foreclosure sale. The court failed to stop the sale on time. I went ahead and paid the wining bid, recording fees and court fees the following morning and received a certificate of sale. Two weeks later the court fail to issue the certificate of title because of the BK. It took a month for the judge to vacate the sale, and then a another month for him to grant a motion refunding the full ammount that I paid, a week later I received a check in the mail for the amount of the wining bid minus the court fees. After reaching out to their accounting office they claimed that per FL Statue the court fees are not refundable. Is this the case? if so it is a very unfair law and need to be changed.

Posted 10 hours ago
  
  
Votes Newest

Answers


Short Answer:
Unfortunately, yes, in most Florida counties the clerk will not refund the statutory court fees, even when a foreclosure sale is later vacated. The winning bid gets returned, but the administrative fees do not, because the clerk already performed the work the fee covers.

Why This Happens
When a sale is conducted, the clerk charges several fixed fees: the online sale fee, registry fees, credit card or wire fees if applicable, and document recording fees. These are not tied to whether you ultimately receive title. They are tied to the act of conducting and processing the sale. Once the sale occurs and the clerk issues the certificate of sale, the clerk has already provided the service the fee is intended to fund.

Because of that, most clerks treat these fees as earned and non refundable under the statutes that govern clerk operations.

Bankruptcy Complications
A last minute BK filing stops the issuance of the certificate of title but does not retroactively invalidate the fact that the clerk held and processed the auction. So the clerk refunds only the bid amount held in the registry, not the sale or administrative fees.

Is It Fair
Investors all agree it feels unfair. You paid in full, you did everything correctly, and the sale should never have gone forward at all. The problem is that clerks are required to follow the statutes as written. Until the law is updated, counties will continue to keep those fees even on vacated sales.

What You Can Do
Request the specific statutory citation the clerk is relying on. Some counties misinterpret their own guidance.

Confirm whether the recording fee was actually used. If nothing was recorded, some counties will reverse that portion.

Consider raising the issue with the judge who vacated the sale. Some judges will direct the clerk to return all fees if the clerk made an error.|

Contact your local state representative. This is a recurring investor complaint and absolutely something Tallahassee should modernize.

Bottom Line
You are not alone. Many bidders have lost the administrative fees in situations where the clerk should have stopped the sale. Right now it is legal for them to keep those fees, but the practice is inconsistent across counties and worth challenging when the delay was the clerk's fault.

Posted 10 hours ago
Edited 10 hours ago
  
  
Damon Simon
184 × 5 Administrator
  
  

How can I raising the issue with the judge who vacated the sale? Do I have to hire a lawyer for that? Thanks,

Kenst LLC   9 hours ago Report
29 Views
1 Answer
10 hours ago
10 hours ago

Miami Dade County Foreclosure Schedule

Miami Dade County Foreclosure Auctions: