Florida Foreclosure Law: How the Foreclosure Process Affects You

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This section will review foreclosure laws in Florida. Because foreclosure laws vary from state to state, it is important to understand how the Florida foreclosure process works. Remember, when you consider buying a foreclosure, the state in which the property is located determines the laws regarding the property, not the state where the buyer may reside. In many cases buyers of foreclosed homes located in Florida also live in Florida. Be aware of how state foreclosure laws may impact your personal situation. You can learn a [no-glossary]lot[/no-glossary] about the system for foreclosure in Florida in this section, but our information is not a substitute for professional legal advice. And because every state’s laws are subject to change without notice, we recommend you consult a real estate lawyer to gain a professional opinion of our information, and your interpretation of the information, as it applies to your specific real estate investment or home purchase situation. Visit the Florida law details below to learn about how Florida foreclosure handles aspects of judicial or non-judicial availability, primary security instruments, foreclosure timelines and foreclosure filing milestones, guidelines for Power of Sale in Florida, and application of deficiency judgments. We’ll help you understand these foreclosure law [no-glossary]terms[/no-glossary] and how Florida applies them to the process. You may or may not need to navigate through Florida’s laws in great detail during your purchase process, but smart foreclosure buyers find that learning a lot might help save a lot on a discount home purchase.
Judicial Foreclosure Available:
Yes
Non-Judicial Foreclosure Available:
No
Primary Security Instruments:
Mortgage
Timeline:
Typically 180 days
Right of Redemption:
Yes
Deficiency Judgments Allowed:
Yes
Information on FLORIDA foreclosure laws.

The Foreclosure Process in Florida

In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.

The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.

Equitable Right of Redemption ends at the foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that "the court reviews the sale to ensure a fair price has been paid." Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example. This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed. If the sale is not confirmed, another sale is ordered.

The lender may sue to obtain a deficiency judgment in Florida.

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