Foreclosure Process in Florida

Posted: Jun 27, 2008 | Comments: 3 | Views: 4,796 | Bookmark and Share

Florida is a judicial state, so therefore the court carries out the proceedings.  The foreclosure process in this state takes around 5 months. 

The foreclosure process begins by a court action being filed by the lender and a notice of pending lawsuit recorded.

The borrower is notified by mail, or person, by the lender.  The court can make a final ruling that the borrower is in default, if the borrower does not respond by a certain time.  The total amount owed by the borrower to the lender, and the sale date, can be ruled by the court against the borrower.

Under this state law, the lender is not required to notify the borrower before beginning the foreclosure process.  The mortgage or Deed of Trust may stipulate this though.  If the borrower can pay the total amount to the lender, even up to the sale date, he/she can stop the foreclosure.

After a court ruling, the sale date occurs generally around 20-35 days after.  The notice is published with the time, date, and location of the sale.  For two weeks before, the notice of sale is published once a week.

The sale is usually overseen by the clerk, and normally takes place at the court house.  Whoever makes the winning bid, must provide a 5 % deposit, and be able to pay the remaining balance by the end of that day.  If this does not occur, a new sale date is set not less than 20 day later.  A certificate of sale is given to the winning bidder.

Ten days after the sale, a transfer of ownership is given to the winning bidder, if there has been no dispute of the sale.  Most of the time, the borrower has no right of redemption, once the certificate has been issued to the winning bidder.


Integrity 1st Consulting is your Foreclosure specialist- Kathy Swift

 

(ArticlesBase SC #465078)

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    Comments on this article

    1
    1. mary October 15, 2008
    so doesthis mean you have until that 10 days to vacate the property? (my sale date is coming soon)please help
    0
    2. James Meyers July 22, 2009
    Shame on Kathy Swift for ignoring Mary's request for information!!

    If you're going to post an article that includes a comment section, then check your flipp'n comments!!!

    It has been 10 long months since Mary asked you a pertanent question. Some real estate specialist you must be.

    Thanks for nothing.
    0
    3. carol ann October 19, 2009
    what rights does a renter have, what is the process of leaving a rented condo that has been notified of a foreclosure of the property they are renting? How many days, what is the process of renter leaving property. How long does a renter have to find another place to live once foreclosure proceedings have been initiated? Do you know of any websites that have that information? A friend of mine rents a condo and was given notification 2 days ago his condo would be auctioned 11/09/2009.
    Thank you!
    Thank you!
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