Hi Kenst
Yes, objections do happen, but the first thing to clarify is at what stage they were filed. If the objection comes after the Certificate of Sale but before the Certificate of Title, you are basically stuck in limbo. You don’t control the property yet and you depend entirely on the court and on the plaintiff and defendant, parties you don’t belong to, to close the process. If the objection is filed after the Certificate of Title, it’s a different situation: you are already the legal owner, you have property rights, and the objection becomes something specific you can focus on and defend.
It’s frustrating, but courts have become increasingly permissive with objections, especially in favor of foreclosed homeowners. There was a clear shift during the pandemic foreclosure bans, and since then this tendency has almost become an unwritten rule. It may feel unfair, but it’s the reality investors have to operate in today.
There are no real statistics on how common objections are. It varies widely by county, judge, and case. For example, more rural counties tend to be more conservative and stricter in applying the rules, while large urban counties with overloaded dockets are usually more permissive and slower to resolve issues.
One practical way to reduce exposure is to avoid cases that have been filed for more than a year. Those cases are often messy and the filing year is almost always visible in the case number itself, or can be easily confirmed in the Final Judgment, Lis Pendens, or other documents in the docket. A second useful hint is to review the civil case docket before bidding. You don’t need to read every filing, just look at the docket history. It quickly shows whether the case has been smooth or if the defendant’s attorney has been filing constant motions and delays.
Hi Kenst
If an appeal is filed after you receive title, the former owner is essentially challenging the decision that gave you ownership. While that appeal is pending, you are still the legal owner of record. That means you generally retain full ownership rights, including possession and disposition of the property. In practical terms, you can enter the property, evict occupants if applicable, rehab it, lease it, and even sell it.
Where the issue usually arises is not with your right to act as the owner, but with the marketability of the title. An active appeal shows up very clearly in a title search and creates a cloud on title. Even though you technically have the right to sell, most buyers and title companies will not be comfortable closing while an appeal is pending, because there is a risk, however small, that the ownership could be reversed in the future. For that reason, selling during an appeal is usually very difficult unless the buyer is sophisticated, paying cash, and fully understands the risk.
As for timing, appeals can take many months and sometimes longer than a year, depending on the court and the complexity of the issues raised. During that time, the appeal does not automatically stop you from using or improving the property, but it does tend to freeze the exit side of the investment from a practical standpoint.
I am not an attorney, and this is not legal advice. This is based on experience only. Foreclosure appeals and tit is always recommended to consult with a qualified Florida real estate attorney before making decisions.
Thank you for your reply, Fernando Alonso. If I still receive the title after the objection hearing, the last owner can appeal this decision, too. How long does the appeal case usually take? Does it block me from rehabbing or selling the house? Would it result in clouds on the title? Can I sell the house or would I have any difficulties in selling the house if there is an appeal case going?
Thanks for sharing your experience.
Pro since 12/25