At Loan Lawyers, our compassionate team of Florida foreclosure defense lawyers can help you understand judicial foreclosures, giving you the information you need to make an informed decision about your next steps.
What Is the Difference Between Judicial and Non-Judicial Foreclosure in Florida?
Generally, there are two types of foreclosures, judicial and non-judicial. Florida law requires judicial foreclosures. Judicial foreclosures involve the court system. Lenders must navigate a series of legal measures to file a lawsuit seeking to foreclose on a property where the borrowers defaulted on their mortgage.
A non-judicial foreclosure does not involve the court system. Instead, the deed of trust authorizes a trustee to foreclose on a property if the borrower defaults on their loan and fails to make mortgage payments. Sometimes a non-judicial foreclosure is called foreclosure by power of sale.
Florida does not allow non-judicial foreclosures. If your property is in foreclosure in Florida, you will have a judicial foreclosure, which generally offers more safeguards and opportunities for you to fight the foreclosure.
Steps in a Florida Judicial Foreclosure
How does foreclosure work in Florida? Judicial foreclosure is not an overnight process. There are numerous steps involved, including:
- Lender Files a Complaint – When you, the borrower, fail to make a certain number of payments toward your mortgage, it can trigger foreclosure. To start the judicial foreclosure process, the lender files a complaint and places a lien on the property. The lender serves a summons and complaint on you.
- Accept the Summons – After you’ve been served these documents, you have 20 days to file your answer.
- File Your Answer – Thoroughly review the content of the summons and prepare and file your answer with the court. If you don’t respond, the lender will ask the court for summary judgment in their favor, which will likely be granted.
- Attend Hearings – If you respond to the summons, a hearing date will be set. You and the lender present your arguments and evidence to the court for consideration.
- Request Mediation – Mediation in foreclosure is no longer a requirement in Florida, but you can request the court to allow it. If you and the lender reach an agreement, foreclosure proceedings can be stopped.
- Foreclosure Sale or Auction – If the court rules in favor of the lender, the lender can evict you from the property and sell or auction your home. A sale can occur within 30 to 45 days following a final judgment. The court may, at its discretion, extend the time for the sale, typically to 60 or 90 days after entry of judgment. The foreclosure sale may be extended by the court upon proper motion for equitable reasons such as a pending modification, short sale, or other loss-mitigation options. A notice of foreclosure sale must be published in a newspaper for two consecutive weeks before the sale.
How long does a foreclosure take in Florida? The pre-foreclosure process takes 30 to 90 days on average. After that, it could be 140 to 215 days before the process is finished.
How Can a Foreclosure Defense Attorney Help?
The judicial foreclosure process can be confusing and overwhelming. Your home and financial stability are at stake. Lenders are only concerned with one thing: getting their money. Do not be fooled or exploited by predatory lenders, debt collectors, or debt consolidators.
Loan Lawyers was founded specifically to help people with foreclosure and debt issues. We are well-versed in handling all foreclosure and debt litigation aspects. We’ll carefully review your unique situation before advising you on the best options available.
We’ve already saved over 3,000 homes and properties from foreclosure. Our team has the knowledge and resources to help you. Don’t lose hope. The legal team at Loan Lawyers wants to fight for you and your home.
Contact the Foreclosure Defense Team at Loan Lawyers Today for Help
Is worrying about foreclosure keeping you up at night? Put your case in the hands of the respected and knowledgeable Florida foreclosure defense attorneys at Loan Lawyers. Contact us today to discuss your options in a free and confidential consultation.
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Loan Lawyers is made up of experienced consumer rights attorneys who use every available resource to develop comprehensive debt solution strategies. Our goal is to take on those burdens, resolve those problems, and allow our clients to sleep soundly knowing they are on the path to a better future.
