Foreclosure Process in Florida

Florida Foreclosure Process

Time is of the essence in the Florida Foreclosure Process. Once you receive a Complaint from your lender, you will have only 20 days to respond. At the Gregg Horowitz Law Firm, we will guide you step-by-step through the Foreclosure Process and your Foreclosure Defense.

Here is a brief outline of the initial stages of the Foreclosure Process in Florida:

  • Notice of Default. This is the first step in the Florida foreclosure process. When you are 3 or more payments behind in your mortgage, your lender notifies you that you are in default of your mortgage.
  • Lis Pendens (“suit pending”). Your lender files a lawsuit against you for defaulting on your mortgage and demands that you pay your mortgage in full.
  • Your Answer. After being served the Lis Pendens, you have 20 days to file an answer with the court. When you file an answer, you receive the opportunity to present your side at a hearing.
  • Summary Judgment. At the end of the answer period, the lender’s attorney files a motion with the court to declare summary judgment. A 20-day answer period must pass between the Summary Judgment and the Hearing.
  • Your Hearing. This is your opportunity to contest the foreclosure. Having a qualified attorney on your side can be absolutely vital for your success.
  • Foreclosure Sale Date. If you were unable to contest the foreclosure or negotiate an alternative, a foreclosure sale date will be set, usually within 30 to 45 days following your hearing.
  • Foreclosure Sale. Your property is offered for sale to the highest bidder at an auction.
  • Right of Redemption. After a foreclosure sale in Florida, there is a waiting period (usually 10 days) before the Clerk issues a Certificate of Title to the new owner. Before this certificate is filed, you can still prevent the foreclosure sale by paying off your mortgage debt.
  • Removal. Once the Certificate of Title is issued to the new owner, the Sheriff can evict you and your possessions, if necessary.
  • Deficiency Judgment. After the foreclosure sale, the lender can still sue you for a deficiency judgment if the foreclosure sale price does not cover the balance due on the loan and expenses.
  • Foreclosure Timing. If uncontested, the Florida foreclosure process can take approximately 180 to 200 days to complete.

If you may be facing foreclosure in Sarasota County, Florida, please contact us today to discover your options and determine the best solution for your situation.