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Florida
Foreclosure Law Summary

Quick Facts
- Judicial Foreclosure Available: Yes
- Non-Judicial Foreclosure Available: No
- Primary Security Instruments: Mortgage
- Timeline: Typically 180 days
- Right of Redemption: Yes
- Deficiency Judgments Allowed: Yes
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 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 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.
More information on Florida foreclosure laws.
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