Lake County Clerk of the Circuit Court and Comptroller
Gary J. Cooney, Clerk

Circuit Civil

Circuit Civil is the jurisdiction for civil matters where the amount of damages sought is in excess of $50,000.01. Examples of the types of lawsuits filed are real property/mortgage foreclosures, professional malpractice, products liability, auto negligence, other negligence, contract and indebtedness, condominium and eminent domain. Circuit Civil also processes Circuit Court level appeals and prepares appeals for the District Court of Appeal.

 

Circuit Civil Fees

Item	Fee Amount
Upon the institution of a civil action that exceeds $50,000.01, or other proceeding in Circuit Court excluding cases relating to Real Property or Mortgage Foreclosure	$400.00
Filing cross-claim, counterclaim, counterpetition, or third-party complaint excluding cases relating to Real Property or Mortgage Foreclosure	$395.00
Filing cases relating to Real Property and Mortgage Foreclosures $50,000.00 or less $50,000.01 to $249,999.99 $250,000.00 or more	$400.00 $905.00 $1,905.00
Filing cross-claim, counterclaim, counterpetition, or third-party complaint in cases relating to Real Property or Mortgage Foreclosure $50,000.00 or less $50,000.01 to $249,999.99 $250,000.00 or more	$395.00 $900.00 $1,900.00
Additional filing fee for each timeshare estate joined in action	$10.00
Issuing each summons	$10.00
Reopen Fee	$50.00
Malpractice 90 day extension	$42.00
An additional charge for each defendant over 5, per defendant	$2.50
An additional charge to be paid by the party seeking each severance that is granted	$18.00
Additional service charge for Garnishment, Attachment, Replevin and Distress	$85.00
Making Judicial Sale, Recording and Certifying Sale and Title	$70.00
Filing Notice of Appeal from Circuit Court to District Court of Appeal: Payment to Clerk of the Circuit Court Payment to Clerk of District Court of Appeal	$100.00 $300.00
Filing Notice of Appeal from Circuit Court to Supreme Court: Payment to Clerk of the Circuit Court Payment to Clerk of District Court of Appeal	$100.00 $300.00
Filing Cross-appeal, Notice of Joinder or Motion to Intervene: Payment to Clerk of District or Supreme Court of Appeal	$295.00
For preparing, numbering and indexing an original record of Appellate Proceedings, per instrument	$3.50
Clerk's Certificate	$7.00
For examining, comparing, correcting, verifying, and certifying transcripts of Appellate Proceedings prepared by someone other than the Clerk, per page	$5.00
From each attorney appearing Pro Hac Vice;	$100.00

 

Property Foreclosure Frequently Asked Questions

• Where may I obtain a listing of foreclosed properties?
  

  The Clerk's Office maintains a listing of cases on on the Foreclosure Sales Calendar locanted on our website  This listing provides a case number, case caption, and date of sale for each listed property. It does not provide a legal description of the property.

  Foreclosure actions are also published in local newspapers, e.g., The Daily Commercial, The Orlando Sentinel, Southlake Press, Orlando Business Journal, Daily Sun, and The North Lake Outpost. The public notice will provide you with the date and time of the scheduled sale, as well as the legal description of the property.

  Electronic files may be viewed on public computers located in the reading room at the Clerk's Office, Monday through Friday between 8:30 a.m. and 5 p.m. 

• How do I obtain a property description?
  

  This information is available in the court file, newspaper publication, or by searching the Official Records section of our website. Our court file often does not contain the address of the property. The court file may be viewed upon request to our Central Intake personnel. The Central Intake clerks will require the case number to pull the case for viewing.

• When and where are foreclosure sales held?
  

  When scheduled, foreclosure sales are held Monday through Friday at 11:00 a.m. at the Lake County Courthouse, 550 West Main Street, Tavares, FL. Sales are regularly held in the Jury Room on the 1st floor. When necessary, we may hold sales in the first floor lobby of the North Wing. Signs will be posted in the lobby of the main entrance to the Courthouse or you may inquire with the Information Desk upon your arrival.

• What are the terms of payments?
  

  At the time of the sale, if you become the successful bidder, you must immediately deposit five percent (5%) of your bid with the Clerk in cash, cashier's check, money order, or attorney trust account check. No personal checks will be accepted. The balance of your bid, plus costs, must be paid in the same manner as outlined above by 4 p.m. that afternoon unless stated otherwise in the final judgment. All funds shall be made payable to "Gary J. Cooney, Clerk of Court & Comptroller." The method of payment will be verified prior to bidding. If the successful bidder does not post the deposit as set forth above at the time of the sale, the bid will be considered invalid. The sale will immediately be re-held and the bidder will be disqualified from bidding on that particular sale. 

  PLEASE NOTE: We do not accept cashier's checks more than two (2) months from the issue date.

• What will my costs be if I am the successful bidder?
  

  If you are the successful bidder, the amount of your bid must be placed in the registry of the court. A Clerk's fee of  3% of the first $500 and 1.5% of the remainder of your bid will be due on that amount. Also due at this time are the documentary stamps which are charged at $.70 per $100 of the final bid. The total amount required from you will be calculated by the Clerk at the end of the sale. All funds shall be payable to Gary J. Cooney, Clerk. 

• What happens if the sale is set aside?
  

  If you bid at a sale and the sale is set aside for reasons other than Clerk's error, the Clerk will retain the sale and registry fees earned. A court order will be required for release of all other funds paid by the successful bidder.

• How can I be sure that a foreclosed property has a clear title?
  

  For a fee, title companies offer title searches and title insurance. You may also wish to seek legal advice from an attorney. Title companies and attorneys may be found in the phone book. The Clerk's Office does not guarantee a clear title and is not responsible for any encumbrances on the property. 

• What if I am the highest bidder and I then choose not to purchase the property for any reason?
  

  If you fail to pay the balance due, you will forfeit your deposit. If you are the highest bidder and you do not honor your bid for any reason, you may be barred from bidding at any future foreclosure sales in Lake County.

• How do I know if a sale has been cancelled for any reason?
  

  Properties listed on the Foreclosure Sales Calendar will have the word "Cancelled" and the reason for the cancellation beside them to indicate that the property is no longer going to foreclosure sale. The Circuit Civil clerks will make every effort to keep this information current. However, to check for last-minute cancellations, you may wish to contact the Circuit Civil Department at (352) 742-4148. 

 

NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to public records requests, do not send electronic mail to the Clerk’s Office; instead, contact this office by phone or in writing.