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How to avoidForeclosure

Florida · What this letter means

You got a Florida certificate of sale or certificate of title: what it means

The certificate of sale is the clerk's record that your home was sold at auction, and filing it ends your right to pay off the judgment. If no one objects within 10 days, the clerk files a certificate of title and the buyer becomes the owner.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The clerk of court files each certificate and serves a copy on every party
What it starts
10 days to file an objection to the sale
Do this first
Note the filing date, call legal aid, and ask the clerk about surplus

What these documents are in Florida

After the auction, section 45.031(4) says the clerk must promptly file a certificate of sale and serve a copy on each party. It records who bid and that the sale took place.

If no objections are filed within 10 days after the certificate of sale is filed, the clerk files a certificate of title and serves copies on each party (Fla. Stat. § 45.031(5)). When the certificate of title is filed, the sale stands confirmed, and title passes to the buyer named in it without any further deed (Fla. Stat. § 45.031(6)).

What they do and do not mean

  • Certificate of sale: your right of redemption ends when it is filed, unless your judgment set a later time. Section 45.0315 says that otherwise there is no right of redemption.
  • Certificate of title: you are no longer the owner. Florida's official judgment form says the person named on the certificate of title must be let into possession of the property.
  • Neither certificate is an eviction order. If you still live there, the new owner needs a court order and a writ of possession.
  • The 10 days are for objections, not for buying the home back.

The 10-day objection window and how to count it

  • The 10 days run from the filing of the certificate of sale, not from the auction or the day you got a copy.
  • Section 45.031(5) does not set its own counting method, so Rule 2.514 applies: start on the first day after filing that is not a weekend or legal holiday, count every day after that, and if day 10 is a weekend or legal holiday, use the next day that is not.
  • An objection goes to the judge, who decides whether it is valid and tells the clerk whether to issue the certificate of title.
  • An objection needs a real legal reason. Talk to legal aid or a lawyer before you file one.

What to do this week

  • Write down the date the certificate of sale was filed, from the clerk's docket.
  • Call legal aid through Florida Law Help: Find a Provider if you think something was wrong with the sale.
  • Ask the clerk whether the sale left surplus money. If your home had a homestead exemption, your judgment tells you to check with the clerk within 10 days after the sale. You claim it with the clerk, and you do not need a lawyer or a company. Read Florida foreclosure surplus funds.
  • Start planning your move. Read after a Florida foreclosure sale.

Deficiency and later deadlines

If the sale did not cover the judgment, the lender can ask the judge for a deficiency judgment. For a 1 to 4 family home it must act within 1 year, starting the day after the clerk issues the certificate of title (Fla. Stat. § 95.11(6)(g)). For an owner-occupied home the deficiency cannot be more than the judgment minus the home's fair market value on the sale date (Fla. Stat. § 702.06). See deficiency judgments in Florida.

Common questions

Can I buy my home back after the Florida certificate of sale?

No. Under section 45.0315 your right to redeem ends when the clerk files the certificate of sale, or at a later time stated in your judgment. After that there is no right of redemption in Florida.

When does the buyer become the owner in Florida?

When the clerk files the certificate of title, which happens after the 10-day objection window passes with no objection. Section 45.031(6) says the sale then stands confirmed and title passes to the buyer.

Do I get a copy of these certificates?

Section 45.031 tells the clerk to serve a copy of the certificate of sale and the certificate of title on each party. You can also see both on your case docket on the clerk's website.

Other Florida letters

Sources

  1. Fla. Stat. § 45.031, Judicial sales procedure
  2. Fla. Stat. § 45.0315, Right of redemption
  3. Fla. Stat. § 702.06, Deficiency decree
  4. Fla. Stat. § 45.032, Disbursement of surplus funds
  5. Florida Rules of Civil Procedure (October 1, 2026): Form 1.996(a)
  6. Florida Rules of General Practice and Judicial Administration (July 1, 2026): Rule 2.514 Computing Time
  7. Duval County Clerk of Courts: Foreclosure

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