Foreclosure Laws in
Florida
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Florida Foreclosure Laws
Florida carries out foreclosures through court proceedings. The foreclosure
process in Florida takes about five months.
Pre-foreclosure Period
A foreclosure in Florida begins when a lender files court action and
records a notice of a pending lawsuit (Lis Pendens) against the borrower.
The lender notifies the borrower and any other affected parties in
person or in some cases by mail or publication. If the borrower does
not respond to the court action within a specified amount of time,
the county clerk can find the borrower in default and the lender can
ask the court to make a final ruling. If the court rules against the
borrower, the ruling will include the total amount owed to the lender
and the foreclosure sale date.
The lender is not required by state law to notify the borrower before
initiating the foreclosure process, but individual mortgages or deeds
of trust might call for this. The borrower can stop the foreclosure up
until the date of the sale by paying the total amount owed to the lender.
Notice of Sale / Auction
The sale date is typically 20-35 days after the court ruling, but this
may vary depending on the individual court. The clerk of court issues
a notice of sale containing the location, date, and time of the sale. The
notice is published once a week for two weeks, with the second notice
appearing at least five days before the sale.
The clerk usually oversees the sale, which ordinarily occurs at the county
courthouse at 11:00 a.m. on the sale date. The winning bidder must provide
a 5-percent deposit and pay the remaining balance by the end of the day
or a new sale is scheduled a minimum of 20 days later. After a successful
sale, the clerk gives a certificate of sale to the winning bidder
Within 10 days of the sale, the clerk transfers ownership to the winning
bidder if no one disputes the sale. In most instances, a borrower
has no right of redemption after the certificate of sale is issued.
DISCLAIMER
As the information in these reports is subject to change, it is provided
as a general guide and not to be relied upon in your decision to purchase
or sell real estate in the Florida Keys.
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