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Foreclosure Process

In Florida, foreclosure is a judicial proceeding, typically initiated by a lender claiming to hold a delinquent loan.

  • Steps in Florida's foreclosure process include:
  • Notice of default sent by lender to homeowner
  • Lender files a complaint in Circuit Court along with a lis pendens
  • Lis pendens is a legal document providing public notice of a property's foreclosure status.
  • Judge issues a foreclosure order
  • Notice of Action appears in the local newspaper if homeowner has not adequately replied to lender's notice of default. Notice of Action outlines why the property faces seizure and what steps must be taken to avoid foreclosure.
  • Property is sold at auction (often to the lender for a nominal fee)

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Commercial Litigation Lawyer

 

 

The Foreclosure Process In Florida

In Miami-Dade County, and throughout the entire state of Florida, foreclosure is a judicial process, meaning that the lender must utilize the court system in order to foreclose on your mortgage.  It so happens that, as compared to states with a non-judiciary foreclosure process, the judicial foreclosure may provide the property owner with additional opportunities and time in which to remedy the situation. 

In other words, a foreclosure case is just like any other lawsuit. The Complaint that is served upon the Borrower contains mere allegations by the Plaintiff Bank. The burden is on the Bank to prove that they are the propert party to bring these allegations and the Bank also shoulders the burden of proving these allegations.  Even more importantly, there are several conditions precedent that the Bank must prove that they satisfied prior to bringing or filing the foreclosure action. 

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If the Mortgagor (borrower) defends the foreclosure action, depending on the type of mortgage, ownership of the mortgage, answer and affirmative defenses and other facts and circumstances surrounding your case, the foreclosure process can take from one to two years on average - three years in not unusual. In rare cases, the foreclosure process may take as long as five years. These time frames vary from county to county and from case to case and whether or not an experienced foreclosure litigation lawyer represents the Mortgagor / Borrower.

When the court grants a final judgment of foreclosure, the court will simultaneously set a foreclosure sale date. The sale date is usually within a few months or so of the court ruling with public notification of location, date, and sale time made by the County Clerk, who typically oversees the sale.

If the Bank improperly obtained a final judgment of foreclosure, it is possible to file a motion with the court to reverse an improper final judgment. Examples of the bank improperly obtaining a final judgment include circumstances where the court did not have proper jurisdiction over the Borrower because they were not served properly with the initial Summons and Complaint. Other examples include circumstances where the bank improperly advised the borrower that they do not need to worry about the foreclosure case or that the borrower should not hire an attorney.

How Many Payments Are You Past Due?
While the process of foreclosing can take the bank many months--even several years, don't wait that long before hiring an attorney.

If you have missed more than three mortgage payments, you are in jeopardy of losing your home and you should get legal representation immediately.There are many options available to help resolve a foreclosure situation.  We help you pursue all of these options while we aggressively defend the foreclosure case, which also results in a delay of the foreclosure process.

 

THE BANKS HAVE LAWYERS
YOU SHOULD HAVE A LAWYER ON YOUR SIDE
WE DEFEND HOMEOWNERS
WE DEFEND FORECLOSURES

Call Us Today: 305.531.2545 (Direct)
Or Toll Free 888.400.ATTY (2889)

 

 

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Law Offices of Charles L Neustein PA
777 Arthur Godfrey Road, Second Floor
Miami Beach, FL 33140

Call Direct: 305-531-2545
Toll Free: (888) 400-ATTY (2889)
FAX: (305) 531-2365
Email: FN@NeusteinLaw.com
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