Transfer Of A Property After Foreclosure

There are some questions as to when actual ownership of a property changes hands after foreclosing on the property. When a Condominium or Homeowner Association seeks to foreclose on a delinquent owner in their association according to the provisions of the Florida Statutes, they obtain a judgment against the delinquent owner for the past due balances and their costs of bringing the foreclosure. Once a Condo or HOA receives the judgment in their favor, the property will go up for a foreclosure sale at the courthouse if the judgement is not satisfied.

In Florida, according to Florida Statute 45.031(5) and (6),  the title to the property transfers upon the filing and recording of the certificate of title. If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk shall file a certificate of title.  When the certificate of title is filed by the clerk, the sale shall stand confirmed, and title to the property shall pass to the purchaser named in the certificate without the necessity of any further proceedings or instruments.

So when the certificate of sale is filed after the foreclosure sale, assuming there are no objections, the clerk will officially record the certificate of title.  Upon recording the certificate of title, it will give ownership of the property to the condo association or HOA.  At that point the association can take possession of the property. Sometimes the sheriff may have to come and serve a writ of possession if residents have not left the property.

 

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