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