Complaint For Foreclosure In Florida
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Foreclosure Timeline and Process. Foreclosure procedures in Florida are all Judicial Foreclosures controlled by the courts. The lender must sue the borrower and obtain an order to foreclose. Depending on the court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida.
One way to attack a foreclosure is to argue that the foreclosing party does not have standing to foreclose. If the foreclosing party cannot produce the promissory note on which the loan is based, the court likely will dismiss the case.
The complaint must be verified and include allegations regarding the basis for plaintiff's standing, the default, the amounts owed, and the location of the original promissory note. Rule 1.110(b) does not preclude the verification of a foreclosure complaint by an employee of the plaintiff bank's loan servicer.
Even after the bank has filed a foreclosure lawsuit against you, you have a right of redemption which allows you to cure the mortgage by catching up the missed payments and any fees assessed by the bank. By exercising your right of redemption, you can stop the foreclosure before it happens.
To contest a judicial foreclosure, you have to file a written answer to the complaint (the lawsuit). You'll need to present your defenses and explain the reasons why the lender shouldn't be able to foreclose. You might need to defend yourself against a motion for summary judgment and at trial.
For homeowners facing immediate foreclosure, filing for bankruptcy or obtaining a temporary restraining order (TRO) can be effective solutions. Chapter 7 or Chapter 13 bankruptcy creates an “automatic stay,” which temporarily halts all collection activities, including foreclosure auctions.
Under federal law, the servicer usually can't officially begin a foreclosure until you're more than 120 days past due on payments, subject to a few exceptions. (12 C.F.R. § 1024.41 (2024).) This 120-day period provides most homeowners ample opportunity to submit a loss mitigation application to the servicer.
Foreclosure Litigation Timeline The Filing of the Lis Pendens. The Summons and Service of Process (10 to 20 days) ... The Answer (20 days) ... The Preliminary Hearing. The Summary Judgment Hearing (45 days) ... Foreclosure Sale Date (75 days) ... Redemption by Junior Lien Holders. Judicial Sale, Advertisement and Certificate of Title.
In the complaint, the plaintiff asks the court for a judgment and for permission to sell the home at a foreclosure sale.
