Florida Foreclosure – We can help

Florida foreclosure starts with a servicer (lender) filing a Lis Pendens, a court action that gives notice to the public including the borrower that a lawsuit is pending against the borrower. Florida is a judicial state so foreclosure actions are all court actions. The borrower and any other interested in parties are served in person with a notification of the foreclosure action. In some instances if an interested party can’t be found mail is delivered to last known address. In Florida any interested party is are given 20 days to respond to the foreclosure proceedings. An answer to the foreclosure proceedings can be done in person on the 20th day or write a letter. If an answer is not received the foreclosure proceedings continue and the lender pushes toward a final ruling.

The time frame is approximately 180 days for an uncontested foreclosure. The timeframe can be extended by answering and contesting the foreclosure action or if bankruptcy is filed. Florida does not have a right of redemption although if the lender receives full payment before the deed is recorded homeowners have been able to convince the court to reverse the sale. Florida has the right to pursue deficiency if the property is sold for less than what is owed.

Notice of Sale / Auction

The sale date is normally 31 days after the final summary judgment hearing, but the time frames may vary depending on the individual court. The clerk of court sends a notice of sale determining the location, the date, and the time of the sale. The notice is published once a week for two weeks, with the second notice appearing at least five days before the sale.

The clerk of Court handles the sale, and normally occurs at the county courthouse at 11:00 a.m. on the foreclosure sale date.

Within 10 days of the sale, the clerk transfers ownership to the winning bidder or lender if there were no bids over the banks attorney. After the certificate of sale is issued a borrower has no right of redemption.

If you’re at risk of having your home foreclosed on fill out our foreclosure form and we will work with you. Do not give up we may be able to help and keep a deficiency judgment off of your record.