Florida Foreclosure Law

Florida Foreclosure Law

Florida Foreclosure Cases filed in Florida. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

In Florida, foreclosure defenses (for residential foreclosures) can be categorized into three different arguments. Those arguments focus upon either (1) the validity of the mortgage; (2) whether or not there has been a “default” under the law; and (3) if the lender had a legal right to accelerate the debt under the circumstances of the case.

Home / Foreclosure Laws State Foreclosure Laws and Timelines Foreclosure is a legal process through which lenders reclaim properties from borrowers who can no longer afford to meet their monthly mortgage obligations.

Florida is a judicial foreclosure state. Therefore, a party seeking to foreclose a home must go to court and receive approval from a judge. This includes not just banks, homeowner association foreclosure cases must also go through the court process as well.

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Florida foreclosure begins when the lender files a lawsuit (Lis Pendens) against the homeowner. The homeowners must be notified of the legal action pending.

Florida Foreclosure Timeline and Process. Foreclosure procedures in Florida are all Judicial Foreclosures controlled by the courts. The lender must sue the borrower and obtain an order to foreclose. Depending on the court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida.

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A trial court may not rely on a legal opinion offered by a party's expert witness. Florida's Third District recently reversed dismissal of a mortgage foreclosure.

This story details the life and death of a Florida woman, Kathryn Norris, who died alone in her home and was left. Last.

A foreclosure sign in front of a home in Miami, Florida. Facebook. “They are by necessity practicing law without a license,” Weidner says.

The new florida timeshare foreclosure law modification will shorten the amount of time needed to process a foreclosure from 18 months to a mere 90 days. It is hoped that this change in foreclosure time will help to quickly remove and replace owners who can no longer afford their payments.

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