Tuesday, August 19, 2014

A Brief Outline of the Florida Foreclosure Process

Foreclosure is an all too familiar reality in the Sunshine State, with some 1.36 million properties facing repossession in 2013 alone. If you’re one of the many homeowners who may be facing foreclosure, you’re first reaction may be to panic. However, the best way to face this challenge is to arm yourself with knowledge. Below is a brief timeline of the foreclosure process in Florida:

Notice of Default
If you become delinquent on your mortgage payments, your bank or lender will send you a notice of default confirming this fact and providing instructions on how to settle the balance. This usually happens at least 30 days before a foreclosure complaint is filed.

Case Filing and Lis Pendens
Fail to pay the amount due within the allotted time and your lender will formally file the foreclosure suit against you. The lender, via its attorney, will also file a lis pendens (lawsuit pending) with the county—a public declaration that your property faces foreclosure.

Service
Once the case has been filed, the lender will hire a process server to serve you the complaint and court summons. These documents must be served within 30 days of filing the foreclosure case.

Response

Upon being served, you now have just 20 days to contest the case. If you fail to do so, the lender can ask the courts to enter a summary judgment on the lawsuit, which grants the latter to sell reclaim and sell your home. 

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