Certificate of title

In a Florida foreclosure sale, the clerk's document that passes title to the winning bidder.

In a Florida foreclosure, the certificate of title is what makes the winning bidder the owner. The clerk of court files it, not the old owner, because the sale is court-ordered.

Here's the order of things. The clerk holds the sale and promptly files a certificate of sale. Anyone who wants to challenge the sale has 10 days to file an objection. If nobody does, the clerk files the certificate of title, the sale stands confirmed, and title passes to the buyer named in it without any further court steps.

The certificate of sale matters on its own, too. Once it's filed, the owner's right to keep the house by paying the judgment is gone, unless the judgment set a later deadline (see redemption).

If the lender was the high bidder, the certificate of title goes to the lender, and the property becomes REO. In California and Texas, the document that does this job after a trustee's sale is the trustee's deed.

Don't confuse it with a car's certificate of title or with a title insurance policy. In foreclosure talk, it means the clerk's certificate. How Florida foreclosure works

All glossary terms

General information, not legal advice. For your own situation, talk to a lawyer.