Foreclosure & REO Purchase Title Services in Florida

How title passes at a Florida foreclosure sale

Florida foreclosures go through the courts, and the county clerk conducts the sale, often online. After the sale, the clerk files a certificate of sale. If no one objects within 10 days, the clerk files a certificate of title and title passes to the buyer (section 45.031, Florida Statutes).

A certificate of title from the clerk is not title insurance. It transfers what the foreclosure judgment covered, and problems the case didn’t deal with can come along with the property.

What can survive a foreclosure sale

• Senior mortgages. If a second mortgage or an association forecloses, a first mortgage ahead of it can stay on the property.
• Property taxes. Unpaid taxes and tax certificates aren’t wiped out by a mortgage foreclosure.
• Government and code liens. Some municipal and code enforcement liens can remain after the sale.
• Association balances. Depending on the circumstances, a new owner can be responsible for some unpaid condo or HOA assessments.
• Parties left out of the case. A lienholder or owner who wasn’t properly named in the foreclosure may still have a claim.

How we help investors

• Title search before you bid. Know what’s recorded against the property before you commit. Searches are often back within 24 hours.
• A review of what the foreclosure covered. We look at the recorded liens against the parties in the case so surprises surface early.
• A path to insurable title. After you take title, we’ll tell you what’s needed to issue an owner’s policy and, if a defect has to be cured first, what that involves.
• Fast, flexible closings. In our Miami Lakes office, remotely or by mail, with funds disbursed right after closing.

Buying a bank-owned (REO) home

When a lender takes a property back and resells it, it usually sells as-is, with its own addenda to the purchase contract and often a special warranty deed rather than a general warranty deed. That makes the owner’s title policy especially important for the buyer. Learn the difference between owner’s and lender’s title insurance, and estimate your costs with our Florida closing cost calculator.

Homeowners facing foreclosure

We’re a title company, not a foreclosure rescue service, and we can’t advise you on your legal options. If you decide to sell, including through a short sale, we can handle the title work and the closing. For help weighing your options, talk to a HUD-approved housing counselor, whose services are free, or a Florida real estate attorney.

Foreclosure and REO questions

Can I get title insurance on a property I bought at auction?

Often, yes, after a review of the foreclosure and the title. Sometimes a defect has to be cured before a policy can be issued. We’ll tell you which situation you’re in.

How fast can you run a search before an auction?

Searches are often back within 24 hours. Call as early as you can before the sale date.

Start your search

Call (305) 603-8393 or send us the property address or contract. See all of our title services.