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.
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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