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Foreclosing on a Property
A property needs to go through various steps to start the foreclosure process before the property can change hands.
- Foreclosure Process
- Foreclosure registration
The recording of a Lis Pendens filed by a financial institution is the initial step of a mortgage foreclosure process.
Once the Lis Pendens is filed on a residential property, the financial institution then has 30 days to register the property being foreclosed.
Once the Registry is filed with Miami-Dade County, an inspection is conducted to ensure that the yard is being maintained to County code standards, that the dwelling is secured at all windows and doors, and that the pool barrier complies with the Zoning Code.
If the financial institution fails to register the property after filing the Lis Pendens, the financial institution will receive a citation making the financial institution totally responsible for the violation — not the property owner.
Should the citation progress to a lien stage, the lien will be placed on a property already owned by the financial institution, not on the property that is being foreclosed.Back to Top
How to apply
Title holders of foreclosed properties must obtain a Certificate of Use (CU) prior to offering the property for sale, transfer or alienation.
Ordinance No. 08-133 applies to all residential properties in unincorporated Miami-Dade County which are acquired through a Certificate of Title (Foreclosures and Judgments), in accordance with Chapter 45, Florida Statutes. Residential properties affected include single-family homes, condominiums, townhouses and duplexes. Under this ordinance buyers of foreclosed properties in unincorporated Miami-Dade County get some protection against unexpected repairs or other deficiencies of the property.
- An architect or professional engineer licensed and registered in the State of Florida must complete the disclosure of findings report, which identifies building or zoning code violations for such properties and contains a good faith estimate of the cost to remedy any deficiencies.
- Miami-Dade County staff will review the report and determine acceptance or denial (neither of which is contingent upon resolution of reported violations). Staff will report potential violations to the appropriate agencies.
- If the disclosure of findings report is accepted, the holder of the Certificate of Title will file the accepted report with the Clerk of the Courts.
- The recorded document will then be submitted in order to obtain the final Certificate of Use.
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Where to file
Miami-Dade Permitting and Inspection Center
Zoning Permits Section
11805 SW 26 Street, Miami FL
Fees and penalties
- The initial filing fee is $257.50+ 8% surcharge.
- If the disclosure of findings report is rejected and must be re-submitted, an additional $51.50 + 8% surcharge fee will be charged.
- When the recorded document is submitted the remaining filing fee amount of $51.50 + 8% surcharge must be paid.
Failure to obtain the required CU will result in penalties as provided in Chapter 8CC of the County code.
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