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Real Property Mortgage Foreclosure. Legal Authorities F.S. 45.031 Judicial Sales F.S. 45.0315 Right of Redemption F.S. 45.032-45.034 Surplus Funds.

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Presentation on theme: "Real Property Mortgage Foreclosure. Legal Authorities F.S. 45.031 Judicial Sales F.S. 45.0315 Right of Redemption F.S. 45.032-45.034 Surplus Funds."— Presentation transcript:

1 Real Property Mortgage Foreclosure

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4 Legal Authorities F.S Judicial Sales F.S Right of Redemption F.S Surplus Funds F.S Clerk’s Fees 11USC Sec 362 Suggestion of Bankruptcy stays the Judgment, Sale or Title Fees related to Foreclosure Sales: F.S (1) – Sale Fee $70 F.S (3) – Electronic Sale Fee additional $70 F.S (2) – Fees from Surplus Proceeds F.S – Doc Stamps and Registry Fees

5 Lee County’s Evolution Eliminated case files in Oct – Files were filling up an entire shelf each day. – Pleadings are boxed and sent to storage. – We retain the original notes & mortgages. We use ACCESS to maintain an inventory. We currently have 25,000 mortgages on hand “Rocket Docket in Fall, 2008,” followed by the Foreclosure Friday Docket in 2009, followed by the Foreclosure Backlog Initiative – all of which reduced our backlog significantly

6 Lee County’s Evolution (con’t) Before eFiling, we created a “ticket” system for process servers. They left their stack of new cases on the foreclosure drop off shelf and put the next available number on top. That way we were able to process the cases first come, first served. The process servers returned the next day and retrieved their processed cases from the pick-up shelf and paid their invoices. Notices of Action, Publication, and Sale are ed to the various publications. We’ve been doing this for approx 5 years. Final judgments are eRecorded. We’ve had eRecording for approx 5 years.

7 Lee County’s Evolution (con’t) April 2010 we implemented Online Sales. (Yea!) Tuesdays are reserved for in house sales which are only for cases that have multiple properties and require separate sales (<.01%). – We created an interface with Real Auction to capture all upcoming sales as well as any cancellations – Forms are generated out of the Real Auction application – Financials are posted through a daily report of fees, deposits and balances April, 2013: mandatory eFiling has eliminated the paper files – Summonses are retrieved from the portal, issued and scanned into the case for attorneys to print and serve

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