What effect does an auction price have on a deficiency?
Fla. Stat. ยง45.031 provides that the amount bid for the property is conclusively presumed to be sufficient consideration for the sale. The statute also provides, however, that the amount bid at the sale is one factor that the court may consider in determining whether to award a deficiency. Therefore, the plaintiff should avoid bidding an artificially low or unrealistically high price if the plaintiff contemplates later seeking a deficiency.
