Mortgage Foreclosures
A mortgage foreclosure is when property is mortgaged; the property is transferred to a creditor to be used as secured collateral on a loan. The individual exchanging the property for the loan becomes the mortgagor, and the creditor acquiring the property title becomes the mortgagee.
If the mortgagor defaults on the loan payments associated with the mortgage, the creditors can take legal action to enforce a mortgage against the property and prevent the mortgagor from keeping the property. This type of legal action is referred to as foreclosure.
Foreclosure court files are available for public inspection at the Hardee County Clerk of Courts, Circuit Civil Division located at 417 West Main Street, Suite 202, Wauchula, Florida, Monday through Friday, 8:30 am to 4:00 pm excluding legal holidays.
Mortgage Foreclosure Sales
For a list of current Mortgage Foreclosures set for sale, scroll to the bottom of this page.
Mortgage foreclosure sales are held on Wednesdays at 11:00 am. at 417 West Main St. Second Floor Hallway outside of Room 202, Wauchula, Fl. 33873. Note: Once Foreclosure Sale(s) has occurred, sale information is no longer viewable.
You must do your own research for the property involved.
The mortgage foreclosure file reflects the legal description of the property. However, with this description you may obtain the street address information at the Property Appraiser’s Office located at 315 North 6th Avenue, Room 103, Wauchula, Florida.
The Clerk’s Office assumes no responsibility for any encumbrances (judgments, mortgages, taxes, and other liens) on any property offered for sale. It is in your best interest to have a title search completed by an attorney or title company. However, you may search the Official Records at the Hardee County Clerk of Courts, 417 West Main St, Suite 202, Wauchula, Florida.
Legal action may become necessary in order to obtain possession of the property; therefore, until this is granted by the Court, you may not have access to the property without the permission of the owner.
The purchaser of the property will be issued a deed called a Certificate of Title. This deed contains no warranties.
Terms of Foreclosure Sales
The terms of the clerk’s sale, unless otherwise specified by the final judgment, are as follows.
A $70 sale fee is required before the sale can be conducted. All bids must be submitted in increments of not less than $100.00. You must state the full amount each time you submit a bid.
NOTE: SALES WILL NOT BE HELD UNLESS PROOF OF PUBLICATION HAS BEEN FILED PRIOR TO 11:00 A.M.
If the plaintiff is the successful bidder, no funds are deposited with the Clerk, unless the bid is above the amount of indebtedness. If a party other than the plaintiff is the successful bidder, an immediate non-refundable deposit of 5 % of the final bid, documentary stamps, sale fee along with the court registry fee (3% on the first $500 and 1.5% on the balance) is required and must be paid to the Hardee County Clerk of Courts, Suite 202. The remaining balance must be paid by 2:00 p.m. on the sale date by cash, cashier’s check or money order drawn on United States banks only.
If the balance is not paid by the deadline, the sale will be declared void, and a resale will be scheduled. The bidders deposit is nonrefundable and will be used to pay for the costs of the resale. Any amount remaining will be applied towards the final judgment.
Any objections to the sale must be submitted directly to the Hardee County Clerk of Courts within (10) days after the filing of the Certificate of Sale. This will stop issuance of the title until the Court has a hearing and makes a decision on the objection.
Any person disrupting the sale or not honoring the terms could be found in Contempt of Court.
Acquaint yourself with the Terms of Sale.
For legal advice, please consult an attorney!
Please do not ask the clerks for legal advice as they are not qualified to answer any legal questions.
If you have any questions, you can contact the Foreclosure Division at (863) 773-4174 ext 7278Â or email: civil@hardeeclerk.com.