A list of cases scheduled for sale and the date each case is scheduled can be found in the local newspapers. (Keys Citizen & The Weekly)

No, Properties are listed by case number. A legal description of the property is contained in the Complaint, Lis Pendens, and Final Judgment.

Use the owner’s name and the legal description to search the Monroe County Property Appraiser’s website: Monroe County Property

Appraiser Office (mcpafl.org) for a site address.

You may only view the property with the consent of the occupant or property owner who maintains the right of possession until a Writ of Possession is executed. An occupant or property owner who is concerned that someone may be trespassing should contact their local law enforcement agency.

Foreclosure auctions are held on a weekly basis on Monday-Friday at the Clerk of the Court, 500 Whitehead Street, Key West, FL 33040 on the front courthouse steps.

All foreclosure auctions are held in person. You must be present to bid at the location and time described above.

No, you do not have to register to bid. We will ask for ID and to see your 5% before the foreclosure auction starts.

Pursuant to Sec. 45.031(2), F.S., the Notice of Sale shall be published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The second publication must be at least five days prior to the sale date.

If you are interested in a property, it is YOUR responsibility to do the research to determine the property’s address, its value, and whether liens or other encumbrances exist. The Clerk’s Office cannot advise you how to conduct the research. The Clerk’s Public Records Department may be able to offer some information regarding searching the Official Records. Their telephone number is (305) 292-3507 or email @ publicrecord@monroe-clerk.com.

The documents filed in foreclosure files are available online. From our website: https://monroe-clerk.com, select Civil Case Records under the Court Records Menu. Click Accept on the Disclaimer to log in. Search by Case Number and enter the selected case number, this will display activities and documents for the case number. Click on the document icon to view a document. Foreclosure files are also available for viewing in our Public Records Department located at 530 Whitehead Street, third floor between 8:30 a.m. and 4:45 p.m. Monday through Friday. Arrangements to view the files must be made in advance by calling (305)292-3507 or email publicrecord@monroe-clerk.com.

Yes, we issue and sent the Notice of Sale to the Plaintiff’s attorney for publication and the plaintiff’s attorney, or the newspaper must ensure that the original affidavit of proof of publication is filed with the clerk prior to the sale to avoid cancellation of the sale.

The Plaintiff is responsible for payment of the $70.00 sale fee identified in Section 45.035(1), F.S. This must be paid prior to the sale. The Plaintiff must also present proof of publication pursuant to Sections 45.031(2) and 702.035(1), F.S. A notarized affidavit of proof of publication must be filed prior to the sale. For Residential Foreclosures, the sale will be canceled for non-payment of the sale fee or for lack of proof of publication.

The Final Judgment contains a provision allowing Plaintiff’s a credit of up to the judgment amount; interest from the date of the judgment through the sale date; and any subsequently incurred costs, such as attorney’s fees, cost of publication, etc. Bidders may observe the Plaintiff/Plaintiff’s representative bid $100.00 during the auction. This activity corresponds with the requirement in the Final Judgment that the property be sold at auction. The Plaintiff/Plaintiff’s representative bids a minimal amount to minimize their costs in documentary stamp taxes. If other parties bid on the property, the plaintiff will typically bid up to the judgment amount and, depending upon the balance due on the mortgage and the Plaintiff’s estimate of the value of the property may bid more than the judgment amount. There are rare circumstances where the Plaintiff will allow the property to sell for less than the judgment amount, in which case the Plaintiff could motion the court for a deficiency judgment against the borrower for the difference in the sale price and the judgment amount. The borrower would then have a monetary judgment against him/her.

At the time of the sale, the successful bidder must have a deposit equal of 5% of the bid amount for each property. The deposit must be in certified funds or cash and is verified during the bidding process. Wire transfers, personal checks or credit card are not accepted for the bid deposit or final payment. The deposit is nonrefundable and is applied to the sale price. If the deposit cannot be verified, the case is immediately concerned a No Sale.

As indicated above, the successful bidder must remit the 5% deposit immediately at the conclusion of the sale. The deposit must be in certified funds. Wire transfer, personal checks or credit cards are not accepted for the bid deposit or final payment. The remaining balance of the bid must be paid in certified funds by 4:00 p.m. the same business day in the Key West Branch only. The successful bidder must also pay documentary stamp taxes and a fee for depositing funds into the Court’s registry. Documentary stamp taxes and registry fee are calculated on the final bid amount. The successful bidder is advised of the total amount due at the conclusion of the auction.

All deposits and payments must be made by certified funds: cashier’s check and cash. Cashier’s checks must be made payable to the Monroe County Clerk of the Court.

Your final balance will include court registry fees. This fee is calculated at 3% of the first $500.00 and 1.5% of the remaining balance of the sale price. In addition, the Department of Revenue Documentary stamps will be due 10 days from the date of the sale. This is a tax that is calculated at the rate of $0.70 per $100 of the sale price.

A certificate will be issued to reflect a No-Sale of the bid which will be recorded and filed in the court file. The Plaintiff will then have to motion the court to have the foreclosure auction rescheduled. The deposit paid at the auction will not be refunded without a motion and court order from a judge.

The Clerk will issue a Certificate of Title after 10 days of the Sale, provided there are no pending actions related to the sale proceeding and if the Documentary Stamps are provided. This document will transfer title to the successful bidder but, it does not a guarantee of clear title. It is the buyer’s responsibility to determine whether any liens or encumbrances survive the issuance of the Certificate of Title, whether additional taxes may be due, and if further legal action is necessary.

Foreclosure Sales may be cancelled up to the time that the case is called up for sale. Participants may review the Clerk’s website https://monroe-clerk.com periodically for cancellation updates which will be reflected with a comment indicating (CANCELLATION).

Surplus funds are disbursed pursuant to Section 45.032, F.S. When a property is sold at public auction, there may be surplus funds after payment to individuals who are entitled to proceeds pursuant to the final judgment. Subordinate lien holders claiming a right to surplus funds must file a claim with the clerk no later than 60 days after the sale. Property owners may claim the funds without the assistance of an attorney or other representation and without assigning their rights to another party. In addition to filing a claim for surplus, an owner filing a claim must also contact the assigned judge’s office to schedule a hearing on their claim. The final judgment in each case contains additional information regarding this process.

The Monroe County Clerk of Courts office will issue a refund for the overage within 3 weeks of the sale. The Foreclosure Clerk will provide the refund information to our Finance Department.