Individual states have specific guidelines detailing how a bank or private lender must proceed when filing a foreclosure. In Florida, foreclosure filing is often done by an experienced real estate attorney retained by the bank or lender in order to ensure that the action is performed in direct accordance with the laws of the state.
Florida foreclosure filing begins as a lawsuit filed by the lender against the homeowner. The homeowner is notified of this action and is required to file a response within a specified amount of time. If, once that period of time expires, the homeowner is not able to either bring the mortgage up to date or make other arrangements with the lender, the court will set an auction date. Florida foreclosure law allows the homeowner to redeem the property at any time before it is sold at auction; once a Certificate of Sale is issued, however, the homeowner has no right of redemption.
The lender is responsible for publishing a notice of sale describing the property, the terms of sale, and the location of the auction. The notice of sale is to be published for a period of no less than 3 consecutive weeks, and the final notice must be published no less than 5 days before the sale.
Once foreclosure filing is initiated, homeowners have several options for delaying the process or stopping the foreclosure. Lenders should be aware of these options, as some of these tactics may benefit both parties.
Chluski Law has represented both banks and private lenders in the process of foreclosure filing. We will make sure that your foreclosure filing is done properly and adheres to all laws governing foreclosure in the state of Florida; and because we are aware of the many pitfalls common to the process, we can help make these often difficult proceedings go more smoothly. Additionally, we can offer lenders sound guidance in negotiations with homeowners, seeking out any solution that will be advantageous to both parties. Please call our office at (561) 931-0439 to see how we can help you.