Foreclosure registration

The recording of a Lis Pendens filed by a financial institution/lender is the initial step of a mortgage foreclosure process.

On November 19,2019, the ordinance was amended extending the application of the foreclosure registration requirements to non-residential properties in all zoning districts, with the exception of properties with bona-fide agricultural uses in agricultural districts in the unincorporated areas of Miami-Dade County.  Therefore, under this ordinance, the financial institution/lender is required to register the residential or non-residential properties subject to foreclosure within 10 days from the date of the filing of a Lis Pendens in register the property being foreclosed. 

Once registration is complete with Miami-Dade County, an inspection is conducted to ensure the property is being maintained to County Code Standards and that the residential dwelling or business/commercial structure is secured at all windows and doors.  Where applicable, for real properties, compliance with the pool barrier requirements will be mandatory. 

If the financial institution/lender fails to register the property after filing the Lis Pendens or fails to re-register a property, the financial institution/lender will be at risk of citation being issued for failure to register or renew a registration of a property subject to foreclosure.  Note that the property owner is not responsible for these citations, the financial institution/lender is the responsible party and named violator. 

Should a citation progress to Lien Stage, any property in Miami-Dade County, owned by the named violator (financial institution/lender) will be randomly selected to lien. 

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.
• Read the Frequently Asked Questions 
• Disclosure of Finding Search

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.
  • R-185-09 amending fee schedule
• 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.