If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow Florida state's laws. If you need help understanding your rights to keep your home by speaking to one of our: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, or Winter Park foreclosure attorneys.
Florida Foreclosure Law
We Can Help Stop Florida Foreclosure
In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.
The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.
Equitable Right of Redemption ends at the foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that "the court reviews the sale to ensure a fair price has been paid." Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example. This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed. If the sale is not confirmed, another sale is ordered. (Reference F.S. Chapter 702)
The lender may sue to obtain a deficiency judgment in Florida.
Did the bank send you a foreclosure notice? The foreclosure notice informs you that the bank has initiated foreclosure proceedings and scheduled the sale of your home at auction. It also includes the amount you currently owe, the percentage interest, the name of your bank, and contact information for the bank’s attorney.
If you are behind on your mortgage payments this may be the eventual outcome if you wait. Speal to one of our foreclosure attorneys today.
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