Foreclosure procedures in Florida are all Judicial Foreclosures controlled by the courts.
In Florida, all mortgages are foreclosed in equity. In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury.
The lender must sue the borrower and obtain an order to foreclose. The court defines the procedures to be followed. A notice of sale may or may not be published in local newspaper publications. If a notice of sale must be published, the terms of the sale ordered by the court must be adhered to.
The court may extend the redemption period before the sale, but this rarely happens.
The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms. Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the lender or their representative to place such advertisement, publication, or notice.
Equitable Right of Redemption ends at the final primary stop foreclosure sale (or at another time specified by the courts, but this rarely happens). There is a period of time after the sale that "the court reviews the sale to ensure a fair price has been paid." Basically, this period of time allows parties to object to the sale on the basis that proper procedures were not followed or collusion existed between the bidders, for example. This period is usually 10 days, after which the Certificate of Sale is filed and title passes, if the sale is confirmed. If the sale is not confirmed, another sale is ordered. (Reference F.S. Chapter 702)
The lender may sue to obtain a deficiency judgment in Florida.
However, the right to redeem the property exists up until the time the sale is confirmed, which is usually ten (10) days after the sale. The court reviews the sale to determine whether a fair price has been paid for the property. If the court does not confirm the sale, another one is scheduled. |