Florida is a judicial foreclosure state. Therefore, a party seeking to foreclose a home must go to court and receive approval from a judge. This includes not just banks, homeowner association foreclosure cases must also go through the court process as well.
Search for a property listing in Florida. Curious about Florida foreclosures? Bank of America’s Real Estate Center is a great place to begin your search for Florida bank-owned homes. Your real estate agent and mortgage loan officer can help you understand the loan solutions available when purchasing a foreclosed home in Florida.
Florida Foreclosure Laws Florida Laws Favor the Homeowner If you have defaulted on your home loan, the bank or mortgage lender has a legal right to enforce the lien by foreclosing on your home and recovering the property which is pledged as collateral against the loan.
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.
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How are Florida mortgages foreclosed? In Florida, the lenders go to court in what is known as ajudicial foreclosure proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale. The court with jurisdiction over a foreclosure is known as theCircuit Court.
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Florida law already provided for a procedure designed to speed up the foreclosure process in uncontested cases or in cases where the homeowner does not have a legitimate defense. Previously, after the foreclosure complaint had been filed, the mortgagee (the lender) could request an order to show cause why the foreclosure should not proceed.
Florida is one of the top foreclosure states in the nation and many homeowners are facing the prospect of losing their homes. Foreclosure laws are often complicated with long timelines. The following will explain each step in the Florida foreclosure timeline, beginning from the first missed payment to an eventual eviction notice.
Florida foreclosure law states that the advertisement, publication, or notice shall be placed directly by the attorney for the petitioner, by the petitioner if acting pro se, or by the clerk of the court.