Chapter 1-11 Title and Possession

1-11 Title and Possession

If no objection to sale is filed during the ten day period following the sale, the clerk of court will issue a Certificate of Title, formally transferring title of the property to the winning bidder.⁷³ This confirms the sale, and the Certificate of Title is recorded with the county in which the property is located.⁷⁴ The clerk can then disburse the proceeds from the sale to be applied against the judgment.⁷⁵

When title is transferred through a foreclosure action, the purchaser of the property is entitled to possession.⁷⁶ The Court will issue a writ of possession, placing any occupants in the property on notice that they must vacate, or they will be removed by the sheriff.⁷⁷

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Notes:

^[73] Fla. Stat. § 45.031(5).

^[74] Fla. Stat. § 45.031(6).

^[75] Fla. Stat. § 45.031(7).

^[76] Fla. R. Civ. Pro. 1.580; Redding v. Stockton, Whatley, Davin & Co. 488 So. 2d 548 (Fla. 5th DCA 1986) ("[P]ossession, as well as title, is at issue in a foreclosure action in respect to all parties to the action.") (also citing Ray v. Hocker, 65 Fla. 265, 61 So. 500 (1913)); Dundee Naval Stores Co. v. McDowell, 65 Fla. 15, 61 So. 108 (1913); Wilmott v. Equitable Building & Loan Ass'n., 44 Fla. 815, 33 So. 447 (1903).

^[77] Fla. R. Civ. P. 1.580.