Judicial or non-judicial foreclosure action in Florida?

Florida – July 28, 2022

Although there are two types of foreclosure processes: non-judicial (26 USC § 7425(b)) where a notice of default is mailed to the borrower with an opportunity to cure the default before the foreclosure sale can be held; and judicial (28 USC § 2410) where a mortgage servicer must wait until a borrower is at least four months delinquent on payments to begin action by notifying a homeowner and filing a lawsuit in the county where a property is located.  The petition for foreclosure will outline reasons for foreclosure for a judge to sign off. Florida does not allow non-judicial foreclosures so it is wise for property owners to hire experienced foreclosure attorney who can draft appropriate court filing documents and adhere to designated timelines. Many homeowners do not understand the seriousness of foreclosure action until it is too late and should consult with a foreclosure attorney when they receive a first notice, or in advance of the notice because they are aware of their inability to pay the debt on time.

Notice of foreclosure activity.

The 120-day rule applies to mortgages that are secured by a property, which is the borrower’s principal residence. (12 C.F.R. § 1024.30). Orlando foreclosure attorneys help property owners by answering questions and initiating proper steps to stop a foreclosure action.

Foreclosure resolution.

Foreclosure activities can be resolved in a few different ways depending upon the financial capability of the property owner, and the legal action taken by a foreclosure attorney on their behalf:

1. The homeowner/borrower pays off the default amount during a grace period specified by state law, known as pre-foreclosure and reinstates the loan.
2. The homeowner/borrower sells the property to a third party during the pre-foreclosure period and the proceeds are used to pay off the loan.
3. The home is sold to a third party at a public auction at the end of the pre-foreclosure period.
4. The lender takes ownership of the property with the intent to sell it, either by agreement with the homeowner/borrower during pre-foreclosure through a short sale foreclosure, or through purchase at the public auction.

Hire a lawyer.

Experienced Florida real estate attorneys can review the first notice, the purchase agreement and note pertaining to a property, the financial statements of an owner wishing to correct the delinquency depending upon the possibility of loan modifications, other loans, or bankruptcy options that may save their home.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

Sources.

1. Chapter 196 Section 031 – 2020 Florida Statutes – The Florida Senate (flsenate.gov)
2. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)