Short Sale, Foreclosure and Strategic Default

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Saturday, May 26, 2007

Florida Foreclosure Law

Florida Foreclosure Law

- Judicial Foreclosure Available: Yes


- Non-Judicial Foreclosure Available: No


- Primary Security Instruments: Mortgage


- Timeline: Typically 180 days


- Right of Redemption: Yes

- Deficiency Judgments Allowed: Yes

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.


Foreclosure Summary copyright, © ForeclosureLaw.org

1 comment:

Daniel said...

Foreclosure guidance is something a home-owner should seek right away whenever they be aware that they may be having troubles making their home loan payments. It is important that an individual in this case taking action immediately as penalties and interest can compile quicker than most would want to think.

Decatur Foreclosure Attorney