IN THE CIRCUIT COURT OF THE TENTH JUDICIAL CIRCUIT

IN AND FOR POLK COUNTY, FLORIDA

HAVING DETERMINED that a standard set of foreclosure sale procedures would be advantageous to the Court, the Clerk’s Office, and the attorneys who handle foreclosure sale proceedings in Polk County, the Court hereby adopts the following procedures and standard language for foreclosure sale proceedings in the Circuit Court in and for Polk County, Florida.

1. Court Order

All foreclosure sales held in the Circuit Court in and for Polk County, Florida shall be held upon order of Court and in accordance with the following procedures, unless the Court Order directs otherwise. The same rules for decorum and behavior in courtroom and chambers as outlined in Administrative Order 1-6.1 shall be adhered to during foreclosure sales, including no loud or boisterous talking, laughing, or other noise distractions while sales are in progress; and no eating, smoking, or drinking beverages. Cellular telephones and audible beepers are to be turned off or on silence while sales are in process. The Court will ensure all foreclosure proceedings are conducted in a fair and businesslike manner and that any effort, artifice, or scheme to undermine fair bidding will be subjected to the potential of Contempt of Court and sanctions. Persons who participate in foreclosure proceedings, including foreclosure sales and motions for distribution of proceeds, are engaged in judicial processes in which fairness and candor to the Court and Clerk are essential. Persons who disrupt the proceedings or attempt to subvert fairness or attempt to gain unfair advantage through artifice or misdeed shall be subject to Contempt of Court Sanctions. Likewise, whether or not participants are represented by counsel, anyone who participates in foreclosure proceedings shall comport themselves within the requirements of the Code of Professional Responsibility, and all Rules, Court Orders, and Administrative Orders. Failure to do so may result in findings of civil or criminal contempt of Court or both. The Clerk is directed to bring to the attention of the Chief Judge any conduct, behavior, or activity which violates this Order or potentially affects the fairness of the proceedings.

Proof of Publication of Sale

It is the responsibility of the Plaintiff or the Plaintiff’s attorney to file Proof of Publication of Sale with the Clerk of Court no later than the close of the business day prior to the date of the scheduled judicial sale. Failure to comply will result in the cancellation of the sale by the Clerk of the Court. The publication must include a statement informing the public that anyone wanting to attend and bid on a piece of property must pre-register in the Circuit Civil or County Civil Department during the hour of 8:00am to 9:00am. All persons wanting to bid must be in line to register by 9:00am. If a person is not in line to register by 9:00am, that person will not be allowed to register.

Sale Hours

The Final Judgment shall direct that the foreclosure sale take place not less than twenty (20) days nor more than thirty-five (35) days after the date of the Final Judgment, unless the Plaintiff or the Plaintiff’s attorney consents to some other time. See § 45.031, Fla. Stat. The foreclosure sale process will begin at 9:00 a.m. or shortly after to allow all registrants in line to be available for the sale. The sale process shall proceed consecutively in an order determined by the Clerk conducting the sale. No sale shall begin until the Plaintiff or the Plaintiff’s attorney is present. In the event that neither the Plaintiff nor the Plaintiff’s attorney is present by 9:30 a.m., the Clerk will reschedule and re-advertise the sale to occur at a later date. The expense of such re-advertising and resale will be borne by the Plaintiff.

Location

All sales are to be held in an area at the Polk County Courthouse designated by the Clerk. The specific location will be listed in the Notice of Sale and Schedule F, which are attached to the Notice of Sale. The Courthouse is located at 255 North Broadway Avenue, Bartow, Florida. Please note that the main entrance is located on Church Street. No entry is possible from Broadway Avenue. In the event any change of location is necessary, the Clerk shall post a "Notice of Change" at the sale location, directing bidders to the sale location. A separate document, "Schedule F," shall be affixed on all Notices of Sale stating the correct location of the Judicial Sale.

Persons with Disabilities

All notices of foreclosure sale must contain the following language. "If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Office of the Court Administrator, (863) 534-4690, within two (2) working days of your receipt of this (describe notice); if you are hearing or voice impaired, call TDD (863) 534-7777 or Florida Relay Service 711." A separate document, "Schedule F," shall be affixed to the Notice of Sale containing this information.

Beginning the Sale

Prior to the sale, each person, including counsel of record, intending to bid, on their own behalf or on behalf of some other person or entity, must register their intention to bid with the appropriate Deputy Clerk by 9:00 a.m. on the date of the sale. If a person is in line to register for the sales by 9:00 a.m., that person will be allowed to complete the registration process. If a person is not in line by 9:00 a.m., that person will not be allowed to participate in the foreclosure sales. All persons registering must disclose their full name and address as well as the full name and address of the Principal (individual or entity) on whose behalf they are bidding. If they are the successful bidder, the Principal’s name and address shall appear on the Certificate of Title unless a subsequent Assignment of Bid has been approved by the Court. The clerk shall begin the sale by identifying the case number and parties named in the action. The legal description shall not be read unless specifically requested by any party to the action.

Bid

A. The minimum increments required for each bid will be $100.00 unless otherwise designated by the Clerk. The Clerk may adjust the minimal bid requirement during the course of a sale if such is necessary to promote the expediting of the sale process.

C. The name and address of the Principal, as given by the successful bidder at the time of registration, shall be the name and address that appears on the Certificate of Title unless a subsequent Assignment of Bid has been approved by the Court.

D. All Assignments of Judgment, made prior to the sale, must be filed in the court file.

E. All Assignments of Bid, made after the sale, must be approved by the Court and filed in the court file.

Deposit by Successful Bidder

In accordance with Chapter 45 of the Florida Statutes, the successful bidder must make a deposit into the Registry of the Court equal five percent (5%) of the final bid immediately after the sale The deposit must be made by cash or cashier’s check payable to the Clerk of the Court or payment through the successful bidders pre-established escrow account with the Clerk. A deposit shall not be required if the Plaintiff is the successful bidder and bids an amount not exceeding the amount that the Plaintiff is entitled to receive under the Final Judgment. The sale shall not be complete until the successful bidder has paid the deposit, and the Clerk shall advise all bidders to remain after the final bid to determine if the deposit has been paid. If the deposit is not paid, the Clerk shall immediately or as soon as practicable thereafter re-hold the sale on the same date. If the successful bidder fails to deposit the entire 5% deposit immediately after the sale, that person will be prohibited from bidding, for themselves or for some other person or entity, at future sales for a period of six months for the first occurrence, and twelve months for a subsequent occurrence.

Balance of Funds

The successful bidder must return with the following funds in the following form by 2:00 p.m. on the date of the sale:

A. Cash or cashier’s check, made payable to the Clerk of the Court, in the exact amount of the bid, less the deposit paid. If the Plaintiff is the successful bidder, the Plaintiff shall only be required to return that portion of the bid amount that exceeds the amount of the Final Judgment, less the deposit paid.

B. Cash, cashier’s check or attorney’s check, made payable to the Clerk of the Court, for the payment of the Clerk’s registry fee as described in paragraph 12 of this order.

C. Cash, cashier’s check or attorney’s check, made payable to the Clerk of the Court, for the documentary stamps owed as described in paragraph 11 of this order. If the Plaintiff is the successful bidder and bids an amount not exceeding the amount of the judgment, the documentary stamps shall be due within ten (10) days of the sale.

If the successful bidder returns with funds in excess of those needed, as described above, the Clerk can refund the excess funds, less the appropriate Clerk’s fee, to the successful bidder without a court order. The refund will be made no sooner than the issuance of the Certificate of Title.

If the successful bidder fails to return by 2:00 p.m., the Plaintiff shall be required to reschedule the sale by obtaining a supplemental court order, and any deposit previously paid by the successful bidder shall be applied to the additional costs of re-advertising and reselling the property. The balance of the deposit funds shall be applied to reduce the amount of the Final Judgment.

At the subsequent sale, the bidder who failed to return with the funds shall be required to make a deposit into the Registry of the Court for the full amount of the Final Judgment before making a new bid. If a bidder has repeatedly failed to return with the funds, the Clerk may petition the Court to bar that person from bidding, for themselves or for some other person or entity, at future sales. If said bidder is successful, the deposit shall be applied to the amount of the bid and any amounts in excess of the bid can be refunded by the Clerk without a court order. If said bidder is unsuccessful, the funds deposited in the Registry can be refunded by the Clerk without a court order. However, the refund will be made no sooner than the issuance of the Certificate of Title.

Fees

The Clerk’s fee for holding the sale shall be the statutory amount or amount set by law (currently $60.00) per sale, and said fee shall be paid by the Plaintiff prior to the sale.

Additionally, any party depositing funds into the Registry of the Court, whether those funds are deposits from a successful bidder or bid amounts, shall include the Clerk’s registry fee for depositing said funds into the Registry of the Court.

11. Documentary Stamps

Documentary stamps for Certificate of Title (currently issued at the rate of $.70 per $100 based on the amount of the bid) shall be paid by the successful bidder by 2:00 p.m. on the date of the sale. If said amounts are not paid by that time, the Plaintiff shall re-advertise and reschedule the sale by way of a supplemental court order, and the successful bidder’s deposit shall be applied to the costs of re-advertising and reselling the property. If no deposit was paid, the costs of re-advertising and reselling the property shall be charged to the Plaintiff.

If the Plaintiff is the successful bidder and bids an amount not exceeding the final judgment amount, plus all allowable expenses, documentary stamps shall be due within ten (10) days of the sale, and the Certificate of Title shall not be issued prior to payment of the documentary stamps. If the Plaintiff is the successful bidder and bids an amount in excess of the final judgment, then the Documentary Stamps shall be due and payable by 2:00 p.m. on the date of the sale. If the Plaintiff fails to pay said amounts by that time, the Clerk shall re-advertise and reschedule the sale by a supplemental court order, and the cost of re-advertising and reselling the property shall be charged to the Plaintiff.

12. Registry Fee

The Clerk’s fee for depositing any funds into the Registry of the Court shall be paid at the same time the bid funds are deposited in the Registry. The fee is set by law (see Chapter 28.24, Florida Statutes). Currently, the Clerk’s fee for depositing funds into the Registry is three percent (3%) of the first five hundred dollars ($500.00) and one and one half percent (1.5%) for each subsequent one hundred dollars ($100.00).

13. Certificate of Sale / Certificate of Title

A. A Certificate of Sale shall be issued by the Clerk of the Court as soon as possible after the sale. The right of redemption shall exist for the Mortgagor or the holder of any subordinate interest only until the issuance of said Certificate of Sale, unless otherwise specified in the Final Judgment. See § 45.0315, Fla. Stat.

B. The Certificate of Title will be issued within ten (10) days from the date of the filing of the Certificate of Sale unless redeemed by the Defendant Mortgagor or unless an objection is filed. If any objection is filed, the Certificate of Title will not be issued until such time as an order of court is entered on the objection.

C. The Certificate of Title will be issued exactly in the name of the bidder as it is given at the time of registration, unless a court order is entered approving an Assignment of Bid. The successful bidder or the successful bidder’s assigns, should supply the Clerk with the correct mailing address to be affixed to the Certificate of Title prior to issuance of the Certificate of Title. The successful bidder or the successful bidder’s assigns should provide the Clerk with the completed DR-219, Florida Department of Revenue Transfer of Interest Form.

D. In no event will a Certificate of Title be issued by the Clerk until all fees are paid as required by this Order.

14. Distribution of Funds

If the Plaintiff or a third party is the successful bidder, any funds that exist shall be held in the Registry of the Court and distribution will be made in accordance with such supplemental Orders of Disbursement as are entered by the Court on the motion of the Plaintiff or any other party. Notice of said motions shall be given to all other parties.

15. Postage and Copies

The Plaintiff shall be responsible for providing the Clerk’s office with sufficient copies of the Certificate of Sale along with a sufficient number of pre-addressed and stamped envelopes for mailing to the appropriate parties. Additionally, the Plaintiff shall provide the Clerk with sufficient copies of the Certificate of Title along with a sufficient number of pre-addressed and stamped envelopes for mailing to the appropriate parties.

16. Order Setting Aside Sale

In the event an Order Setting Aside or Canceling Sale is entered by the Court subsequent to the sale of the property, The Clerk’s Office is hereby directed to refund, to the successful bidder, all sums paid by the successful bidder and deposited in the Registry of the Court. In the event the Clerk is in doubt as to the party entitled to said funds, the Clerk may apply to the Court for entry of a further Order Directing Disbursement.

17. Conflict of Authority

If any conflict arises between the terms of this Order and the terms stated in any Final Judgment of Foreclosure, this Order shall prevail unless said Final Judgment expresses a specific intent to supersede this Administrative Order.

1. Unless the Defendant pays the Plaintiff or the Plaintiff’s attorneys the sums specified in this Final Judgment, along with any other costs of this suit as mentioned in this Final Judgment, the Clerk of the Court, after Publication of Notice as required by Chapter 45 of the Florida Statutes, as amended, shall sell the mortgaged property described in this Judgment to the highest and best bidder for cash at public sale in the Jury lounge on the second floor of the Polk County Courthouse, 255 North Broadway Avenue, Bartow, Florida, free and clear and discharged of any and all claims, liens, encumbrances, rights, equities, and interests of the Defendants and all persons, firms, or corporations, claiming by, through, or under them. Please note that the main entrance to the courthouse is located on Church Street. No entry is possible from Broadway Avenue. This sale shall be conducted with other similar sales on the _______ day of __________________, 20 _____, which sales shall begin promptly at 9:00 a.m. or shortly after to allow all registrants in line at 9:00a.m. to be available for the sale. The sales will proceed consecutively in an order to be determined by the Clerk. The sales shall not begin until such time as the Plaintiff or his attorney is present. In the event the Plaintiff or his attorney is not present by 9:30 a.m., the sale shall be rescheduled by the Clerk and re-advertised for a later date. All bidders must register their names and addresses and the names and addresses of the persons or entities on whose behalf they will bid in the Circuit Civil Department by 9:00 a.m. on the date of the sale.

2. The Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for all costs by the Clerk if the Plaintiff is not the successful purchaser at the sale.

3. If the Plaintiff is the successful bidder, the Plaintiff or the Plaintiff’s assigns, shall be entitled to a credit on the bid up to the total sum awarded in this judgment, subsequently accrued interest on that amount, and all subsequently incurred costs, or such part as is necessary to pay the bid in full. If the Plaintiff is the successful bidder and bids an amount not exceeding the amount of the judgment, the Plaintiff must pay the documentary stamps within ten (10) days of the sale. If the bid exceeds the amount of the Final Judgment, the Plaintiff must immediately pay to the Clerk the deposit required under Chapter 45 of the Florida Statutes and return with the following funds in the following form by 2:00 p.m. on the date of the sale.

A. Cash or cashier’s check, made payable to the Clerk of the Court, in the exact amount of the bid, less the deposit paid. If the Plaintiff is the successful bidder, the Plaintiff shall only be required to return that portion of the bid amount that exceeds the amount of the Final Judgment, less the deposit paid.

B. Cash, cashier’s check or attorney’s check made payable to the Clerk of the Court, for the payment of the Clerk’s registry fee.

C. Cash, cashier’s check or attorney’s check made payable to the Clerk of the Court, for the documentary stamps owed.

4. If the purchaser at the sale is someone other than the Plaintiff, said person shall immediately pay to the Clerk’s office, by cash or cashier’s check, the deposit required under Chapter 45 of the Florida Statutes and return with the following funds in the following form by 2:00 p.m. on the date of the sale.

A. Cash or cashier’s check made payable to the Clerk of the Court, in the exact amount of the bid, less the deposit paid.

B. Cash, cashier’s check or attorney’s check made payable to the Clerk of the Court, for the payment of the Clerk’s registry fee.

C. Cash, cashier’s check or attorney’s check made payable to the Clerk of the Court, for the documentary stamps owed.

5. In the event the successful bidder fails to return with the balance of funds, registry fee, and documentary stamps by 2:00 p.m., the Plaintiff shall immediately rescheduled and re-advertise the sale and obtain a supplemental court order scheduling said date. Any deposit made at the time of the sale shall be applied to the cost of re-advertising and re-holding the sale, and the balance of the deposit shall be applied to any amounts due and owing under this Final Judgment.

6. The Certificate of Title shall be issued within ten (10) days of the sale provided that all fees and Documentary Stamps are paid, the original Affidavit of Publication is filed in the court file, no redemption has occurred, and no objections to the sale have been filed. Unless a subsequent Assignment of Bid has been approved by the court, the Certificate of Title shall be issued in the name of the Principal, as registered by the successful bidder, and must contain the correct mailing address of the Principal. An Assignment of Judgment before the sale or an Assignment of Bid after the sale shall only be valid when filed with the Court, and the Clerk shall be authorized to issue the Certificate of Title in the name and address of the Assignee as indicated in said Assignment.

7. On the issuance of the Certificate of Title, the sale proceeds shall be disbursed as follows:

A. The Clerk shall retain his fees and pay to the Plaintiff’s attorney those fees and costs allowed in the Final Judgment.

B. Out of the remainder of the proceeds, as far as the same will suffice, the Clerk shall pay to the Plaintiff such sums as the Plaintiff is allowed to recover in accordance with the Final Judgment.

C. After payment of all above described amounts, any surplus funds that remain shall be retained in the Registry of the Court to be distributed by the Clerk in accordance with such supplemental court orders as may be issued.

Administrative Order 3-15.10, entered March 24, 2006, is hereby VACATED.

This Order shall have effect upon entry.

DONE and ORDERED on this 8^th day of October 2007.

J. DAVID LANGFORD

Chief Judge