When a property is foreclosed in Florida, tenants have certain rights that must be respected. According to the Tenant Protection Act in Event of Foreclosure, anyone who purchases a property through a foreclosure sale must give tenants 90 days notice to vacate the premises. The court clerk must submit a certificate of sale one day after the sale, and tenants have ten days from the submission of the certificate to file an objection. In addition, lenders must provide current tenants with at least thirty days to vacate properties after a foreclosure sale has been officially completed. In the early stages of a foreclosure action, lenders become aware of tenants in possession and must follow a procedure designed to accelerate the foreclosure process.
If the foreclosure sale is scheduled for the next day or so, filing for bankruptcy is the best way to stop it right away. However, tenants have the legal right to live in their home until all foreclosure procedures are completed and the house is sold. It is important to understand all the steps of foreclosure in Florida, from not making your first payment to a foreclosure sale. If you have questions about the foreclosure process or want to learn about possible defenses to foreclosure and possibly fight it in court, consider talking to a lawyer who specializes in foreclosure. There is still hope for homeowners who lost their properties during foreclosures in Florida.