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Real Property Mortgage Foreclosure

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 F.S. 45.035 Clerk’s Fees 11USC Sec 362 Suggestion of Bankruptcy stays the Judgment, Sale or Title Fees related to Foreclosure Sales:

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Real Property Mortgage Foreclosure

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  1. Real Property Mortgage Foreclosure

  2. Legal Authorities • F.S. 45.031 Judicial Sales • F.S. 45.0315 Right of Redemption • F.S. 45.032-45.034 Surplus Funds • F.S. 45.035 Clerk’s Fees • 11USC Sec 362 Suggestion of Bankruptcy stays the Judgment, Sale or Title • Fees related to Foreclosure Sales: • F.S. 45.035(1) – Sale Fee $70 • F.S. 45.035(3) – Electronic Sale Fee additional $70 • F.S. 45.035(2) – Fees from Surplus Proceeds • F.S. 28.24 – Doc Stamps and Registry Fees

  3. Lee County’s Evolution • Eliminated case files in Oct 2008. • 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

  4. 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 emailed 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.

  5. 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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