Clerks of Court Refusing to refund full funds after Foreclosure sale was vacated
Clerks of Court Refusing to refund full funds after Foreclosure sale was vacated
**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.
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.
Clerks of Court Refusing to refund full funds after Foreclosure sale was vacated
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.