Effective August 17, 2015
The Walton County Clerk of Courts and County Comptroller will no longer process the publication of Notices of Sale in foreclosure proceedings. A review of the functions performed by the Clerk’s Office, shows there is no authority for the Clerk’s Office to coordinate, send to the newspapers, track, and or account for notices required to be published by parties in a court case. Please be advised of the following:
Effective August 17, 2015, the Plaintiff will be responsible for furnishing a publisher/newspaper with the completed Notice of Sale in accordance with a Final Judgment or Order scheduling a foreclosure sale, per Section 702.035, Florida Statues.
Here’s How It Works
- Determine the foreclosure sale date via the e-served copy of the Final Judgment or Order scheduling sale.
- Prepare the Notice of Sale pursuant to sale requirements in Section 45.031(2), F.S.;
- Check the progress docket on the Clerk’s website (www.clerkofcourts.co.walton.fl.us/) for documents that would prevent occurrence of the foreclosure sale, such as a Suggestion or Notice of Bankruptcy or an Order Vacating Sale;
- Provide the completed Notice of Sale to your publisher/newspaper of choice ensuring the newspaper is published in Walton County;
- File the original Notice of Sale with the Clerk’s Office with the $70.00 electronic sale fee;
- Submit the original Proof of Publication to the Clerk’s office at least three business days prior to the date of the foreclosure sale.
Tax Deed & Foreclosure Sales
Starting Monday, March 2, 2009, online foreclosure sales will be held at:
The Walton County Clerk of Court welcomes you to the Tax Deed & Foreclosure Sales information area. The links to the current listing of sales is located at the bottom of each section.
Tax Deed SalesProperty owners are required to pay property taxes on an annual basis to the County Tax Collector. If the owner fails to pay his/her taxes, a tax certificate will be sold by the Tax Collector at a date and time advertised by the Tax Collector.
The Tax Collector then certifies the tax deed application over to the Clerk, who computes the base bid and charges the certificate holder for the costs of holding the sale. The Clerk’s fee is $60.00 for each application, and other varying costs for advertising, sheriff’s service fees, and certified mail must be paid before the sale date is set. Once the costs have been paid, the Clerk sets a sale date, notifies the certificate holder, the property owner, and all lien holders, and the sale is held in accordance with Florida Statutes.
Notices of pending tax deed sales are published in a newspaper with local circulation. Tax deed files are available for inspection at the Walton County Courthouse, located at 571 U. S. Highway 90 East, DeFuniak Springs, Florida, or the Walton County Courthouse Annex, 31 Coastal Centre Boulevard, Santa Rosa Beach, Florida 32459, Monday through Friday from 8:00 a.m. until 4:30 p.m., Central Time. You must do your own research for the property involved. You may check on property improvements with the Walton County Property Appraiser’s office.
Starting Monday, March 2, 2009, online Tax Deed sales will be held at: www.walton.realforeclose.com . Anyone may bid on the property, and must register with the tax deed clerk prior to the sale. The clerk announces each application, along with the name of owner and legal description, and the base bid. The floor is then opened for verbal bidding. Each bidder should announce his name with their first bid. If the bidder is acting in a representative capacity, he should identify the person he is representing. Each bidder must call out the actual amount of their bid. The property is sold to the highest bidder.
At the time of the sale, the highest bidder shall post with the Clerk a nonrefundable deposit of 5 percent of the bid or $200.00, whichever is greater. The remainder of the bid is due by 11:00 a.m. CST the next day. Payment must be made in the form of cash, cashier’s check, or money order. Payment should be made to the tax deed clerk at the Clerk’s office, Walton County Courthouse, DeFuniak Springs, Florida. Upon payment of the remainder of the bid, the Clerk will issue a tax deed to the property. The sale is final when the tax deed is signed by the Clerk. The property owner may redeem his/her property by paying all back taxes and costs up until the Clerk of Court signs the tax deed.
If the certificate holder is not the successful bidder, he/she is reimbursed all monies paid, plus interest earned from the monies received from the successful bidder. Valid liens are then paid out of the monies received. Notarized claims must be submitted to the Clerk’s office to substantiate a claim. The former property owner may claim any excess funds. If no claims are made on the excess funds, these funds are turned over to the Board of County Commissioners 90 days after the sale.
The Clerk’s office is not authorized to give legal advice. If you require legal advice, you should obtain it from an attorney or some other source. The Clerk’s office assumes no responsibility for any encumbrances on any property offered for sale.
If you have additional questions concerning the procedure for tax deed sales held by the Clerk of the Court, please contact our office at (850) 892-8115 or (850) 267-3066.
Click here for a current listing of upcoming tax deed sales.
Mortgage Foreclosure Sales
Starting Monday, March 2, 2009, online Foreclosure sales will be held at: www.walton.realforeclose.com.
Notices about foreclosure sales are published in a newspaper with local circulation, once a week for two consecutive weeks. Foreclosure court files and official records for the county are located in the Office of the Clerk of Court, Walton County Courthouse, 571 U.S. Highway 90 East, DeFuniak Springs, Florida and the Courthouse Annex located at 31 Coastal Centre Boulevard, Suite 500, Santa Rosa Beach, Florida. The court file contains information about the amount owed on the property, as well as the legal description of the property. However, the street address of the property will probably not appear in the court file. You may also visit our website at www.clerkofcourts.co.walton.fl.us for further information on any case file you may be interested in bidding on. To determine the status of the property tax on the property contact the Walton County Tax Collector. To check on property improvements contact the Walton County Property Appraiser’s office. Both offices are located at 571 U. S. Highway 90 East, DeFuniak Springs, Florida and also at the Courthouse Annex located at 31 Coastal Centre Boulevard, Santa Rosa Beach, Florida.
Anyone may bid on a property; however, they must register on the www.walton.realforeclose.com website and place a deposit prior to the sale. The site provides information for each pending sale, including the court case number and legal description. The Clerk and Real auction are not responsible for the quality or accuracy of any information on this site.
The following procedures for Chapter 45 sales apply unless the Final Judgment directs otherwise: Prior to participating in the sale, you will be required to place a deposit equal to 5% of your estimated final bid(s) per Florida Statute 45.031, either on this site via electronic check (ACH) or in person by cash or cashier’s check. If you are paying by cashier’s check, the check should be made payable to Clerk of the Circuit Court. If you choose to place your funds on deposit by ACH deposit, PLEASE NOTE: Deposit payments made via ACH require 3 full working days to arrive (settle) in the Clerk’s account. Deposits made by ACH must be settled and cleared in the Clerk’s account prior to the start of a sale in order to be able to bid on the property.
If a bidder is successful, the funds initially deposited will be deducted and credited toward the total amount due. The successful bidder must pay the balance of the final bid plus the registry of court service charge and the foreclosure sale fee in person at the Clerk’s office no later than 4:00 P.M. CST on the day of the sale. The Certificate of Sale will not be issued until good funds are received by the Clerk’s office.
Pursuant to S.S. 28.24 (10) the Clerk will charge the successful bidder a registry of court service charge on the full amount of the successful bid. The charge assessed is 3% of the first $500.00 of the bid and 1.5% of the remaining balance. This charge must be paid at the time of final payment.
A Certificate of Title will be recorded after the tenth day from the date of the sale, if no objections to the sale are filed. The defendant has ten days after the sale to file an objection. If an objection is filed, the Judge will rule at a hearing as to whether or not a Certificate of Title is to be issued.
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 done by an attorney or title company. If the property is occupied, it is possible you will have to take legal action to get possession of the property. You may not have access to the property without permission of the owner. The Clerk’s office assumes no responsibility for the availability of any property offered for sale.
The Clerk’s office is not authorized to give legal advice. If you require legal advice, you should obtain it from an attorney or some other source.
If you have additional questions concerning the procedures for foreclosure sales held by the Clerk of Court, please contact our office at (850) 892-8115 or (850) 267-3066.
Click here for a current listing of upcoming foreclosure sales.