The Florida foreclosure process is written into Florida law and is difficult to comprehend without assistance from an attorney. Mortgage lenders and banks know that foreclosure is confusing and that homeowners have few resources to use for finding out the actual steps of the process. We are here to help you avoid foreclosure and to get a better understanding of the Florida foreclosure process. Every county in Florida follows a similar path of the foreclosure process, but one or more counties could differ from this overview. Our specialists will inform you if your county is different after some basic information is gathered from you.
Steps in the Florida Foreclosure Process
1. Notice of Default
When you fall behind on your mortgage payments, your bank or lender will notify you by phone and by mail of the default. Your mortgage documents could specify a time frame that your lender uses to establish a notice of default. You will be asked in the communication to catch up on your late payments by a given due date.
2. Complaint is Filed
If the time to repay the overdue mortgage payments has passed, your bank or lender will typically file a notice with the county clerk. A document known as a foreclosure action will be filed usually 30 days after the initial notice of default. This document is public information and announces the notice of default.
3. Process Service
This is your official notification of the pending foreclosure hearing for your property. It is usually delivered to you by a sheriff or appointed process server in the typical Florida foreclosure process. You have a limited amount of time to respond, file a motion of defense or dispute the default before the date of the foreclosure hearing in court.
4. Motion for Summary Judgement
When the time frame has lapsed to file a motion or response against the default, your bank or lender will move forward and try to seek a summary judgement against you. This is a legal maneuver that requests on paper that the courts award your lender or bank exactly what is asked for in the complaint.
5. Summary Judgement Hearing
A date for a judge to officially hear and decide on the motion for summary judgement will be scheduled between 30 and 180 days after the motion is filed. If you do not raise awareness or contest the initial complaint made by your lender or bank, the court date will proceed as scheduled with or without you appearing in person.
6. Actual Sale of Property
A judge will rule in favor or not in favor of your mortgage lender or bank during the scheduled court date to hear the motion for summary judgement. In a majority of cases, a judge will side with your lender or bank and schedule the actual sale date of your property. Each county has specific time frames for a completion of the sale.
7. Property Title Transfer
When no objections prevent the transfer of the property title, your bank or mortgage lender will receive the title unless a third party purchases the property. This is the last phase of the Florida foreclosure process and you will officially be evicted according to state law.
Our experienced foreclosure experts can help you during any stage of the foreclosure in Florida process. You should know that each day you delay getting help is one day closer to your bank or mortgage lender taking your home. Call us at 1-800-589-4106. We can help you stop foreclosure today.
