The Clerk’s Office is responsible for conducting foreclosure sales in accordance with Chapter 45, F.S. Sales are held immediately outside of Room 245 of the Hernando County Courthouse, 20 N. Main Street, Brooksville at 11:00 AM ET every Tuesday and Thursday (except on legal holidays). A list of all foreclosure filings by month and a list of upcoming sales can be found below.
How Does The Auction Work?
Properties are auctioned on Tuesdays and Thursdays at 11:00 AM outside of the Civil Department, Room 245 of the Hernando County Courthouse, 20 N. Main Street in Brooksville, excluding legal holidays. Anyone may bid on the properties. All bidders must register with the clerk in the Civil Department, Room 245, by 10:30 AM on the morning of the sale. Each bidder will be provided a bidder number card which must be displayed during the bidding process. Properties are auctioned in case number order and sold to the highest bidder. Bidding is done in increments of $100 or more.
Once the sale is completed, the successful bidder must immediately post a 5% non-refundable deposit. Bids are considered final when the deposit transaction is complete. All interested parties should remain until sales are confirmed by the clerk. The remainder of the bid plus court registry fees are due by close of business on the following business day, ET. Documentary Stamps of .70 for each $100 are required to record the new title. Upon payment of the full bid amount including all required fees, the Clerk will issue a Certificate of Sale. 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.
How Do I Pay For My Deposit? How Do I Pay For My Winning Bids?
A non-refundable deposit of 5% of the winning bid must be posted immediately at the time of sale. This deposit is paid into the Registry of the court. The deposit may be paid in the form of cash or certified funds, only. The remaining balance is due by 5:00 PM the next business day following the sale. The balance may be paid in cash, certified funds, or wire transfer only (additional fees apply for wire transfer, time requirements still apply). The registry deposit is assessed a 3% fee on the first $500 of the deposit and 1.5% on each subsequent $100. Personal checks, business checks, and credit cards are not permitted for payment.
Does The Foreclosure Sale Erase All Other Liens On The Property?
No. There may still be other encumbrances (judgments, priority mortgages, taxes or liens) that survive the sale. The winning bidder takes title to the property subject to all defects, liens, encumbrances and matters of which he/she has or could obtain knowledge. It is the bidder’s responsibility to perform all research regarding the property, including the value, title defects, liens, mortgages or other encumbrances. The Clerk’s Office does not guarantee a clear title and is not responsible for any encumbrances on the property purchased at auction.
The laws regarding foreclosures are extremely complicated. It is recommended that all bidders perform a title search and consult an attorney prior to placing a bid.
What If I Fail To Make The Final Payment Or Choose Not To Purchase The Property?
If full payment is not made by 5:00 PM ET the day after the sale, the deposit will be forfeited. The winning bidder may also be precluded from participating in future sales.
For further information regarding foreclosure sales, please contact the Civil Division at (352)540-6377.