Hi Claude,
I’ll go one by one and keep it practical.
About entering the property.
The Certificate of Sale only means you won the auction and paid. It does not make you the owner. In Florida there is still a 10 business day redemption period. Only after that period expires does the court issue the Certificate of Title, and that is the moment you actually become the owner.
Until the Certificate of Title is issued, you have no ownership rights and no right to be on the property. The safest move is to stay completely quiet. Do not go to the house, do not talk to neighbors, and do not let anyone know you won the auction. Showing up can wake up an owner or occupant who was not paying attention and trigger last minute motions that can delay or even undo the sale.
Once the Certificate of Title is issued, you are the owner, but that still does not automatically give you the right to enter. You must be absolutely sure the property is vacant. That usually means having solid evidence such as inspections, videos, utilities being disconnected, neighbors confirming vacancy, or proof that entering is necessary to prevent damage or danger. If there is any doubt at all, the correct path is eviction or ejectment through the court and sheriff. Entering too early is how investors get themselves into trouble.
About liability.
Before the Certificate of Title is issued, you are not the owner, so you generally have no liability related to the property. After the Certificate of Title is issued, liability can exist depending on the situation.
If the property is vacant and something related to the property causes damage or injury after you become owner, you can be liable. For example, a broken pipe in your unit damaging a neighbor below. On the other hand, if the damage or injury is caused by the actions or negligence of an occupant you are in the process of evicting, there may be legal protections, but that becomes very fact specific and attorney territory.
About fire or destruction.
Same logic applies. If the property is damaged or destroyed before the Certificate of Title is issued, it is not your loss and not your liability. If it happens after the Certificate of Title is issued, it generally is. That said, in foreclosure situations there is usually little to no practical recovery against a former owner anyway.
Disclaimer: I am not an attorney. This is based on experience and general practice in Florida, not legal advice. Laws and facts matter, and anyone dealing with a specific situation should consult a qualified Florida real estate attorney before taking action.
