Common Questions about Foreclosures in Florida

Receiving the foreclosure notice for your home will stir up a lot of emotions: fear, anxiety, and confusion. Along with these feelings, you’ll also have a lot of questions about Florida’s foreclosure laws and processes.

Of course, knowing the answers to these queries can help you make better decisions on how to proceed. If you find yourself in the middle of a foreclosure case, here are the three things you should definitely know:

Can I Represent Myself in Court?

Yes. Is it recommended, though? Not at all. Anything you say—even seemingly innocent statements—can be used against you by the plaintiff, who happens to be your disgruntled lender. Don’t take any chances and hire a reputable foreclosure defense attorney.

Can Bankruptcy Stop the Sale of my House?

Yes, but only temporarily. When you file for bankruptcy, an “automatic stay” immediately takes effect, barring lenders from collecting arrears from you. If you’re facing a foreclosure sale, it will have to be delayed, allowing you to look for another place to stay. Note, though, that the stay only lasts until your bankruptcy case is closed or discharged, or if the lender secures a motion to lift the stay.

How Many Days Do I Get to Respond to the Foreclosure Case?

In the state of Florida, just 20 days. If you don’t respond to the complaint and summons, the court may automatically enter a foreclosure judgment against you, so don’t delay your response.