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.
You Asked & We ALL Answered!
Most Popular Questions
- Tax Deed vs Foreclosure Implications?
- Mortgage Reporting on Title Search?
- Estimating the loan balance on a Reverse mortgage?
- Pre-Foreclosure Info...?
- Property bought back in foreclosure auction by the bank that foreclosed???
Most Recent Questions
- Rights and liabilities between the Certificate of Sale, and the Certificate of Title?
- Auction Cancelled After Winning — Payment Made, Refund and Title Questions?
- Clerks of Court Refusing to refund full funds after Foreclosure sale was vacated?
- high and low seasons?
- I’m looking at a first mortgage foreclosure with a HUD 2nd mortgage. HUD was initially listed as a defendant but not listed on the Final Judgment. Does the HUD 2nd mortgage survive??
Can you answer these questions?
- PropertyOnion to incorporate working with probates??
- Looking for creative buyers, seller finance in Marion County, FL?
- OFF MARKET PROPERTIES DIRECT WITH OWNERS !!!?
- Auction Cancelled After Winning — Payment Made, Refund and Title Questions?
-
3014 hours ago
-
1845 days ago
-
100one year ago
-
51one year ago
-
50one year ago
-
30one year ago
-
27one year ago
-
26one year ago
-
23one year ago
-
20one year ago
Thank you very much Fernando! By the way, I really enjoy your book!
Thank you Claude. Glad to hear.