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Florida Foreclosure Procedure

Please note that the contents of this page are for informational purposes only and do not constitute legal advice. Furthermore, laws change and information on this page is not guaranteed to be completely up to date.
In Florida, lenders may only foreclose on a mortgage in default by using the judicial foreclosure process. They must file the lawsuit in the circuit court in the county where the property being foreclosed is located. The borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The steps typically taken in a foreclosure proceeding are outlined below.

Filing of the Complaint and Notice of Lis Pendens

The first legal action taken by the lender is to file a complaint and notice of lis pendens. Your lender alleges that you in default, demands that the note be paid in full immediately, and puts the public on notice that a lawsuit has been filed against you. The clerk of court records the lis pendens in the public records and you are served with a summons, commencing the lawsuit against you and giving you time to file an answer.

Summons and Service of Process

Within 10 to 20 days after the lis pendens and complaint have been filed, a process server delivers to you: a copy of the complaint filed against you, a copy of the lis pendens, and a summons.  The summons is a document that details your rights and responsibilities associated with the lawsuit that has just been filed against you.

Answer

You have 20 days from receipt of your summons to file an answer in response to the lis pendens and complaint. The answer is filed with the clerk of the circuit court.  An answer is a legally sufficient response to the allegations that have been alleged against you in the complaint. It is an opportunity to show why you shouldn't be foreclosed upon. If you file an answer, a hearing date is set.  At the hearing the lender's attorney will be present and you may tell the judge the reason for your default.  By filing an answer, you insure that a clerk’s default and a default judgment will not be entered against you without an opportunity to be heard.

Preliminary Hearing

You may present your case at the hearing and the judge will decide what to do next. If you have a valid answer, the judge may require the lender to give you a reasonable amount of time to work things out. However, if you just haven't made your payments, the judge will rule in favor of the lender and the foreclosure will go forward. If you do not file an answer within the 20 day period or if the judge rules against you at the preliminary hearing and doesn't allow you more time, the lender will move for a summary judgment.

Summary Judgment Hearing

A summary judgment hearing is generally held 20 days after the lender's motion for summary judgment. At the summary judgment hearing, the lender will present the case against you. You may give testimony if you are present to try and create a dispute as to a material fact in the case. More times than not, providing proof of payment is the alleged defense that would provide you the greatest likelihood for success at this hearing. Without such evidence, the judge will most likely rule against you and find you in default of the mortgage and will grant the lender the right to foreclose the mortgage and sell your property. The final summary judgment will show the amount you owe the lender including principal, interest, attorney fees, expense, and court costs.

Foreclosure Sale

After a final judgment is entered, the judge will set a foreclosure sale date which is usually 30-45 days after the entry of the Judgment. This is when the property will be sold at auction. The court order of foreclosure specifies how the foreclosure must take place and the foreclosure must take place consistent with those terms.

Redemption by Junior Lien Holders.

At the discretion of the court, junior lien holders can redeem the property up to the time of the confirmation of the sale. The equity of redemption is cut off when the sale is confirmed, but it exists prior to that time, which means the borrower can save the property from foreclosure by coming up with the money before confirmation.

Confirmation of Sale

After the sale takes place, the sale terms must be confirmed by the court that ordered the sale. If the terms of the sale order are met, title in the buyer’s name can become complete by filing a certificate of title.

Deficiency Judgment

The lender may sue to obtain a deficiency judgment in Florida. A separate action for a deficiency must be filed within four years after the foreclosure sale.
Please note that the contents of this page are for informational purposes only and do not constitute legal advice. Furthermore, laws change and information on this page is not guaranteed to be completely up to date.

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