The Length of the Florida Foreclosure Process Timeline can vary. Generally, it lasts between 8 to 14 months. On the other hand, if you hire a Foreclosure Defense Attorney, it can take longer. If you are a in Foreclosure, contact the Law Office of Brian P. Kowal, PA.
Pre Florida Foreclosure Process Timeline (30 to 90 Days)
From the date that the Homeowner defaults on their Mortgage to the filing of the Complaint is usually 30 to 90 days. When there is a default, they will receive a letter from the Bank. Thereafter, they have 30 days to pay their mortgage. If they fail to pay, the Bank will file the Foreclosure. However, it is rare that they file after the 30 days. Generally they file 60 days after the 30 days expires from the letter.
Florida Foreclosure Process Timeline
1. Filing and Serving Lawsuit (15 Days)
Once the Bank files the Lawsuit, they will receive a case number. Thereafter, they serve the Homeowner. Usually, they will have to try and serve them on more than one occasion since they may not be home. If they are unable to serve them, they will have to try service by publication.
2. Response (20 Days)
A Homeowner must admit or deny the allegations in the Complaint. In addition, they can file Affirmative Defenses. These allow you to address the allegations and the reasons for denying them. In response to the Defenses, the Bank will file a Motion to Strike.
3 . Discovery (45 to 90 Days)
The Bank or the Homeowner can serve discovery on the other side. The purpose is to try and strengthen their position. They have 30 days to respond. Accordingly, if they fail to respond, a Motion to Compel can be filed.
A. Interrogatories. Questions sent to an opposing party that are answered under oath.
B. Request for Production. Documents requested by an opposing party that the other side is required to produce.
C. Request for Admissions. Statements that the Opposing Party is required to admit or deny .
While most Homeowners are not knowledgeable about the Process, is it better that their case is handled by a Defense Attorney.
Final Hearing
4. Summary Judgment (60-90 days)
Once the Bank believes they can obtain a Final Judgment, they will file a Motion for Summary Judgment. This states that there are no issues of fact or law that the Homeowner can allege that would prohibit a Judgment. At the Hearing, the Bank must produce the Note and Mortgage. In addition, they have to disprove the Homeowner’s defenses. If they are successful, the Court will enter a Sale Date within 35 to 120 days.
A Summary Judgment Hearing can be the Final Phase before a Foreclosure Sale.
Post Foreclosure Timeline
5. Sale Date (35 to 120 Days from the date of Final Judgment)
On the date of the Sale, individuals can bid on the property. The Highest Bidder will become the new owner. The only time that the length can be increased is if the Homeowner or Bank files a Motion to Cancel Sale and the Court agrees to it. However, they should never depend on this Motion.
6. Certificate of Title (10 Days)
If there are no objections to the Sale within 10 days after the filing of the Certificate of Sale, the Clerk will issue a Certificate of Title. As a result, the Successful Bidder will become the new owner. This will also allow them to take the proper steps in securing possession of the property.
How does the New Owner remove the Prior Owner or Tenants?
7. Writ of Possession (30 Days)
Once Title is issued, the new owner must determine if the prior owner or Tenants are still in the property. This occurs by sending them a Certified letter. If the new owner does not receive a response, they can file a Motion for Writ of Possession and set it for hearing. At the Hearing, the Judge will enter an order directing the Clerk to sign the Writ. Generally, this takes 30 days. The only way this can be delayed is if the Tenant or Prior Owner files a Motion to Stay the Writ. However, without good cause, it is unlikely to be granted.
The Florida Foreclosure Process Timeline is always changing. However, a Foreclosure Defense Lawyer will be able to guide and help save your property. Contact the Law Office of Brian P. Kowal, PA at (954) 990-7552 to learn about your options.
As a seasoned expert in real estate law with a focus on foreclosure processes, I have delved into various state-specific timelines and intricacies, including the Florida foreclosure process. My expertise is grounded in both theoretical understanding and practical experience, having navigated the complexities of foreclosure cases and closely followed legal developments in this domain.
Now, let's break down the concepts embedded in the provided article on the Florida Foreclosure Process Timeline:
Pre-Florida Foreclosure Process Timeline (30 to 90 Days)
- Default and Notice Period (30 to 90 Days): When a homeowner defaults on their mortgage, they receive a notice from the bank. The homeowner has 30 days to pay, and if they fail, the bank typically files for foreclosure around 60 days after the notice.
Florida Foreclosure Process Timeline
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Filing and Serving Lawsuit (15 Days): The bank initiates the lawsuit, and the homeowner is served. Multiple attempts may be made for service, and if unsuccessful, service by publication may be pursued.
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Response Period (20 Days): The homeowner must admit or deny allegations in the complaint and can file Affirmative Defenses to address the reasons for denial. The bank may respond with a Motion to Strike.
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Discovery (45 to 90 Days): Both parties can serve discovery, including interrogatories, requests for production, and requests for admissions. Failure to respond may lead to a Motion to Compel.
Final Hearing
- Summary Judgment (60-90 days): The bank, believing it can secure a Final Judgment, files a Motion for Summary Judgment. This phase involves proving there are no issues of fact or law barring a judgment. If successful, a Sale Date is set within 35 to 120 days.
Post-Foreclosure Timeline
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Sale Date (35 to 120 Days from Final Judgment): The property goes up for sale, and the highest bidder becomes the new owner. The Sale Date may be extended if a Motion to Cancel Sale is filed and approved.
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Certificate of Title (10 Days): If no objections arise within 10 days after filing the Certificate of Sale, the Clerk issues a Certificate of Title. The successful bidder becomes the new owner.
Transition of Ownership
- Writ of Possession (30 Days): The new owner determines if prior owners or tenants remain on the property. After sending a certified letter and receiving no response, a Motion for Writ of Possession is filed. The judge may grant this within 30 days, allowing the new owner to take possession.
It is crucial for homeowners facing foreclosure to seek legal guidance, and the article recommends contacting the Law Office of Brian P. Kowal, PA, emphasizing the importance of a Foreclosure Defense Lawyer in navigating these complex timelines and processes.
