Actions to foreclose a lien on real property are filed as a general civil case, either in Circuit Court or County Court, depending upon the amount owed. Circuit Court has jurisdiction for cases exceeding $50,000, and County Court up to and including $50,000.
A Notice of Lis Pendens is a notice filed on public records for the purpose of warning all persons that the title to certain property is in litigation, and that they are in danger of being bound by an adverse judgment. The notice is for the purpose of preserving rights pending litigation.
When a lis pendens or an amended lis pendens is filed, it will be recorded in the official records. The statutory fee for recording this document is $5 for the first page, $4 for each additional page, and $1 for each additional name over four. This fee is payable at the time of submitting the lis pendens for filing in the court file.
All subsequent lis pendens documents, such as a dismissal, satisfaction, withdrawal, etc., will be recorded upon payment of the statutory recording fee of $10 for the first page, $8.50 for each additional page, and $1 for each additional name over four. This fee also is due at the time of submitting the document.
Final Judgments & Sales
When a foreclosure case is completed, a final judgment will be signed by the judge. This judgment will contain a date, time, and place for the judicial sale of the property subject to the foreclosure action. Judicial sales are held online at www.pasco.realforeclose.com.
You may contact the assigned judge or the local Clerk & Comptroller's Office for direction if you are unsure of the specific language to include in the final judgment and notice of sale.
Judicial sales are open to the public and generally are held online beginning at 11 a.m. Monday through Friday, excluding legal holidays.
Certificate of Sale
After the sale has been completed and the full payment has been deposited into the court registry, the deputy clerk will issue a Certificate of Sale (PDF).
Any party may file an objection to the sale within 10 days after the Certificate of Sale is filed. The court will determine the validity of the objection and direct the Clerk & Comptroller as to the issuance of the Certificate of Title.
Certificate of Title and Certificate of Disbursements
When the sale is completed, and if there are no objections to the sale or other pending matters with the Court that are related to the sale, the Clerk & Comptroller will issue the Certificate of Title (PDF) provided by the purchaser, after 10 full days have elapsed from the date of the Certificate of Sale (or as otherwise directed by the Court). The Certificate of Title is recorded and transfers ownership of the property in the official records.
The Clerk & Comptroller will then make disbursements of the proceeds of the sale, pursuant to the amounts specified in the final judgment and supporting affidavits. A Certificate of Disbursements (PDF) will be prepared, and the parties will be notified of any surplus funds remaining in the Court Registry.
Within 60 days, the owner of record may file an Owner's Claim for Surplus Funds (PDF) for available surplus funds after statutory fees and costs have been deducted. A statutory reopen fee of $50 must accompany this claim if a case is in a closed status for a period greater than 90 days or a reclosed status for a period greater than 30 days.
These forms also are available for purchase at both Legal Resource Center locations.