WHEREAS, pursuant to § 45.031(10), Florida Statutes, the Clerk of Court is authorized to conduct the sale of real or personal property under an order or judgment by electronic means, and
WHEREAS, the Volusia County Clerk of Court has been conducting on-line foreclosure auctions, in lieu of on-site auctions, since May 2013 at www.volusia.realforeclose.com, and
WHEREAS, the Putnam County Clerk of Court has been conducting on-line foreclosure auctions, in lieu of on-site auctions, since June 2015 at www.putnam.realforeclose.com;
WHEREAS, the Flagler County and the St. Johns County Clerks of Court would like to begin conducting on-line foreclosure auctions in lieu of on-site auctions beginning July 1, 2016 at www.flagler.realforeclose.com and www.saintjohns.realforeclose.com respectively;
NOW THEREFORE, I, TERENCE R. PERKINS, Chief Judge of the Seventh Judicial Circuit of Florida, hereby order as follows:
1. Effective July 1, 2016, the Clerks of Court in Flagler, Putnam, St. Johns and Volusia counties are currently authorized to conduct on-line auctions of real property, in lieu of on-site auctions, notwithstanding the location provisions which may be included in the final judgments or court orders.
2. The Clerks are responsible for informing the public and for the training of all interested parties in the on-line sale process.
3. Upon reasonable request, the Clerks will make provisions for registered bidders lacking proper equipment to participate in on-line auctions.
4. In accordance with §§ 45.031(2) and 702.035, Florida Statutes, plaintiffs, or plaintiffs’ attorneys, are responsible for preparing and submitting Notices of Sale to appropriate newspapers for publishing.
a) Original Notices of Sale are to be filed in the court file and copies sent to newspapers for publishing.
b) Plaintiffs, or plaintiffs’ attorneys, are responsible for instructing newspapers to promptly file original Proofs of Publication together with Affidavits of Proof with the Clerks. Failure to file items mentioned herein does not obligate the Clerks to cancel or otherwise delay sales.
5. A written motion substantially similar to Form 1.996(b), Florida Rules of Civil Procedure, must be filed in the event a plaintiff, or plaintiff’s attorney, wishes to cancel and reschedule a sale. Furthermore, the motion must state the number of previous requests for cancellation of sale filed by the plaintiff in the case. Absent the Court issuing an Order to Cancel the Sale, or a Notice/Suggestion of Bankruptcy as to a named defendant being filed prior to the scheduled sale date/time, the sale will proceed as scheduled. Any order issued by a judge of the US Bankruptcy Court that restricts the Clerks from conducting a sale shall be filed by the plaintiff, or plaintiff’s attorney. Such must be as a separate filing and not as an attachment or exhibit.
6. A $70 service charge must be advanced by the plaintiff prior to the sale (see § 45.031(1), Florida Statutes). If not paid in advance, the service charge will be assessed and deducted from the plaintiff’s funds on deposit with the on-line auction service on the day of the sale.
7. Those interested in participating in online auctions must register with the Clerks or Realauction by establishing a bidder account containing sufficient funds to cover the cost of a deposit equaling five percent of the final bid and payment of a $70 electronic sale service charge (see § 45.035(3), Florida Statutes). The $70 electronic sale service charge must be paid by the winning bidder and may not be covered by the plaintiff’s judgment credit amount.
8. The plaintiff, or plaintiff’s attorney, must provide a legible, recordable proposed Final Judgment. The Clerks may require resubmission of a proposed Final Judgment if it is illegible for recording purposes.
9. Unless stated otherwise in the Final Judgment of Foreclosure, timeshare interests in property will be sold as individual units and will require the payment of service charges referenced in sections 6 and 7 above for each unit sold.
10. Administrative Order CV-2016-012-FG/PT/VL is hereby rescinded effective July 1, 2016.
TO BE RECORDED in Flagler, Putnam, St. Johns and Volusia counties.
DONE AND ORDERED in Daytona Beach, Volusia County, Florida this 15th day of June 2016.
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