Jim Fuller, Clerk of Courts

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Clerk of the Circuit and County Courts - Duval County, Florida


Thursday, November 20, 2008

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Duval County Clerk of the Circuit and County Courts

Jim Fuller - Elected 2001

Civil - General Information

The Circuit Civil Department provides a wide range of information, financial management and record keeping duties. Our objective is to assist the public, attorneys, and courts as mandated by the various constitutional directives and state statutes. The Circuit Civil Department handles cases involving claims above $15,000, professional malpractice, products liability, auto negligence, other negligence, condominium association, evictions, contract and indebtedness, real property/mortgage foreclosure, eminent domain, declaratory judgments, injunctions, administrative agency appeals, bond estreatures, foreign judgments, replevins, habeas corpus proceedings, and forfeiters.

If you have a question or would like more information, we can be reached at (904) 630-2031 from 8:00am to 5:00pm, Monday - Friday, and are located in Room 103 at the Duval County Courthouse, 330 East Bay Street, Jacksonville, Florida 32202.

Internet Online Foreclosure Sales List Update

An online foreclosures list for Duval County is not provided at this time. We hope to be able to provide online information in the near future. Foreclosure sales data may be viewed in person, Monday thru Friday from 8:00am to 4:00pm at the Duval County Courthouse, 330 East Bay Street, Jacksonville, Florida 32202, Clerk's Office, Room 103, Mezzanine floor.

Foreclosure Sales Information

Information regarding foreclosure sales, viewing of files, and other related issues may be found below. If you have any questsions, please contact the foreclosure clerk at (904) 630-2031, between the hours of 8:00am and 4:30pm, Monday thru Friday.

Location of Sale

All Judicial/Mortgage Foreclosure Sales are held in the main lobby of the Duval County Courthouse, 330 East Bay St., Jacksonville, Fl. 32202.

Date & Time of Sale

Monday thru Friday between 11:00 am and 2:00 pm, on the specified date, (except legal holidays).

Viewing Foreclosure Files

Foreclosure Sales Data may be viewed in person Monday thru Friday 8:00am to 4:00pm at the Duval County Courthouse, 330 East Bay St., Jacksonville, Fl. 32202 (Clerk’s Office, Room 103, Mezzanine floor).

Foreclosure Sale Dates may be found in the Blue notebook located in the Court Files Department area, Mezzanine floor, Room 103 of the Courthouse.

Foreclosure Case Files accessible for Public viewing are located in the File Drawers in the back of the Mezzanine floor lobby area.

In the files you may locate the Complaint and other necessary information that may be helpful for your search, (such as: a copy of the Note and Mortgage attached to the Complaint).

The Notice of Lis Pendens will also be located in the Case File after being Recorded.

Bidding

The following procedures for Chapter 45 sales apply unless the Final Judgment directs otherwise:

During the sales and bidding process, all bidders and observers are expected to treat each other and the clerks with respect. Any disruptive behavior (talking loudly, using a cellular phone in a disruptive manner, arguing with another bidder or the clerks while a sale is being conducted, etc.) may result in disqualification to bid and or removal from the bidding area. The clerk conducting the sale shall be the sole determiner of "disruptive behavior."

Upon making a bid you shall be required to immediately produce for the Clerk’s view the required deposit equal to 5% of the final bid, in cash or cashier’s check or money order. CASHIER’S CHECK or MONEY ORDER SHALL NOT BE MORE THAN SIX (6) MONTHS OLD.

Immediately after the final bid is made and accepted, the successful high bidder shall post with the clerk the required deposit equal to 5% of the final bid, in cash or cashier’s check or money order, per Florida Statutes 45.031.

Successful Bidder

The successful bidder must pay the balance of the final bid amount plus the court registry fees no later than 4:30 p.m. on the day of the sale or by the deadline stated in the judgment.

Funds Due

The Foreclosure Clerk is available to assist with the calculation of the balance of the final bid as well as the required court registry fee. The court registry fee is calculated at 3% of the first $500 and 1.5% of the remaining balance of the total bid amount (pursuant to Florida Statute 28.24).

Failure to Pay

Failure to pay the balance due of the final bid and required fees, no later than 4:30 p.m. on the day of the sale, will result in the sale being declared VOID, and a resale will be scheduled. The bidder’s deposit is non-refundable and will be used to pay all cost of the resale. The Clerk will assess from the deposit, a non-refundable fee of $60 as permitted under Florida Statute 45.031, and a non-refundable registry fee as permitted under Florida Statute 28.24. Any remaining funds from the deposit shall be applied toward the judgment. Upon receiving an order resetting the sale date, the Clerk shall cause the new sale date to be re-advertised.

Forms of Payment

Payment must be made in the form of cash, cashier’s check, or money order payable to the Clerk of the Circuit Court.

Objections to the sale must be filed with the Clerk of the Circuit Court General Civil Division, within ten (10) days after the filing of the “Certificate of Sale”.

Certificates

A Certificate of Sale is issued by the Clerk of the Circuit Court provided all required sale proceeds are paid in full.

A Certificate of Title may be issued by the Clerk of the Circuit Court after ten (10) full days have elapsed from the issuance of the Certificate of Sale and provided there is no other action relating to the subject proceeding. The successful bidder should call the Clerk within 12 to 15 days after issuance of the Certificate of Sale to determine if the Certificate of Title paperwork has been completed and is ready to be dispersed.

Instructions to Successful Bidder

The Certificate of Title should be filed ten (10) days after the date of sale, per Florida Statute 45.031(4). At that time we will need the following:

  • The Transfer of Interest Form (Form DR 219). (Available from clerks office)
  • The Certificate of Title. Please make sure the successful bidder’s address is stated in the Certificate of Title.
  • Provide pre-addressed stamped envelopes, with return address included, for all parties not in default, for mailing the Certificate of Title after being recorded.
  • Documentary Stamps are required to record the Certificate of Title. They are calculated at seventy (.70) cents on every one hundred ($100) dollars, rounded to the nearest ($100) dollars, on the amount of the Sale price and should be paid by cash, cashier’s check, money order or business check made payable to the Clerk of the Court.

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