A filing asking the court to set aside a Florida foreclosure sale or its price. It must be filed within 10 days after the certificate of sale, and the certificate of title waits for that window.
Why it matters to a bidder
Florida Statute 45.031(5) has the clerk file the certificate of title only if no objection to the sale is filed within 10 days after the certificate of sale. Section 45.031(8) separately lets any party object to the amount of the bid in the same 10 days; the bid is conclusively presumed to be sufficient consideration, a timely objection is heard by the court, and serving it does not cloud the buyer's title. A low price alone does not undo a sale: in Arlt v. Buchanan the Florida Supreme Court required the inadequacy to be gross and to result from a mistake, accident, surprise, fraud, misconduct or irregularity. For the winning bidder it means 10 days with money committed and no title yet.
What this entry relies on
- Fla. Stat. §45.031(5) and (8) (objections to the sale and to the amount of the bid)
- Arlt v. Buchanan, 190 So. 2d 575 (Fla. 1966)
Other terms
- Lis pendens
- Final judgment of foreclosure
- Certificate of sale
- Right of redemption
- Certificate of title
- Surviving lien
- Writ of possession
- Surplus funds
- Tax deed sale
Next, after objection to foreclosure sale
- HOA Foreclosure Auctions in Florida: The Mortgage SurvivesWhen a Florida HOA or condo association forecloses, the first mortgage is not wiped out. The arithmetic behind the cheapest-looking lots at the auction.
- Florida Foreclosure Surplus Funds: Who Gets the MoneyWhen a Florida foreclosure sells for more than the judgment, the surplus goes to junior lienholders and the former owner, never to the buyer. How it works.
- The Complete SystemEvery step we run before we bid, on real Florida dockets.
- Talk to us firstFifteen minutes, weekdays. Nothing is charged on the call.