Florida Foreclosure Law

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Under Florida laws, when a property owner becomes delinquent on fees, a lien automatically becomes attached to the homeowner property as of the date the assessment became due. The HOA records a lien at the county recorders’ office, which provides a public notice that the lien exists.

Florida is one of the top foreclosure states in the nation and many homeowners are facing the prospect of losing their homes. foreclosure laws are often complicated with long timelines. The following will explain each step in the Florida foreclosure timeline, beginning from the first missed payment to an eventual eviction notice.

This site will help you research foreclosure laws for any state in the U.S. as well as The District of Columbia

If passed and signed into law, it would make Florida the third state after California and New York to enshrine such protections into law – and the first with a Republican Legislature and governor.

The 2018 Florida Statutes. (1) The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiff’s status and the facts supporting that status, thereby ensuring the availability of documents necessary to the prosecution of the case.

Judicial Foreclosure In many ways, Florida state law favors the homeowner over the mortgage lender. One of the principle examples of this is the fact that the law requires the lender to carry out a judicial foreclosure. What this means to you is that the bank cannot simply foreclose on the property and evict you from your home.

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Whether you decide to pursue: a deed in lieu of foreclosure, short sale, loan modification, bankruptcy protection, or legally challenge the foreclosure, Florida Law Advisers, P.A. can help. Our Tampa foreclosure defense attorneys can develop a comprehensive legal strategy based on your specific situation to help solve your current mortgage crisis.

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In Florida, the lenders go to court in what is known as a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. The property is then sold as part of a publicly noticed sale. The court with jurisdiction over a foreclosure is known as the Circuit Court.