Florida is a judicial foreclosure state, meaning that a bank or homeowner's association must receive approval from a judge before they can foreclose on a home. The case must be filed in the circuit court where the property is located, and all foreclosure cases must be conducted in a court of equity. After the clerk submits the certificate of title, the lender can file a petition for a possession order. It is rare for lenders to apply for foreclosure after 30 days of defaulting on their mortgage payment.
Generally, they file the request 60 days after the 30-day letter expires. Florida is a state that only accepts mortgages, which follows the judicial foreclosure doctrine. If you have questions about the foreclosure process in Florida or want to learn about possible defenses to foreclosure and possibly fight foreclosure in court, consider talking to a lawyer who specializes in foreclosure. In fact, if the foreclosure sale is scheduled for the next day or so, the best way to stop the sale right away is to file for bankruptcy. Lenders must publish foreclosure sales notices in local newspapers at least once a week for two consecutive weeks, and the second notice will be published at least five days before the sale.
If your Florida foreclosure case is dismissed, your lender can refile the case. Overall, Florida has one of the longest foreclosure periods in the country, although there are steps you can take to protect your property. Mortgages in Florida may include a default letter clause requiring the lender to inform the borrower if a loan is in default before the foreclosure process begins. Learn all the steps of foreclosure in Florida, from not making your first payment to a foreclosure sale. Certain aspects of the foreclosure process in Florida can also vary from county to county, so extensive research is needed for those facing foreclosure or interested in investing in foreclosed properties. Florida law establishes a procedure designed to accelerate the foreclosure process in uncontested cases or in cases where the landlord has no genuine defense.
