Chattel Mortgage Form Foreclose In Miami-Dade

State:
Multi-State
County:
Miami-Dade
Control #:
US-0007BG
Format:
Word; 
Rich Text
Instant download

Description

The Chattel Mortgage form for foreclosures in Miami-Dade enables a Mortgagor to secure financing for a mobile home by putting it as collateral against a promissory note. This legal document outlines essential details such as the identities of the Mortgagor and Mortgagee, the description of the mobile home, and the payment terms including interest rates and due dates. It includes covenants that the Mortgagor agrees to uphold, such as maintaining ownership of the collateral and keeping it insured. In cases of default, the Mortgagee has rights to seize and sell the collateral as outlined in the document. The form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in real estate transactions, offering a structured framework for securing loans against personal property. Users should ensure accurate completion of all sections and understand state-specific regulations that may impact the enforcement of this instrument. It is also necessary to have the document notarized to ensure its validity in legal proceedings.
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FAQ

Be compassionate, don't be predatory. Lead in softly, don't jump right into the issue of pre foreclosure. Know your data, don't engage without knowing the situation. Build rapport over a period of time, don't take a one-and-done approach. Interact face-to-face, don't hide behind technology.

Viewing Case Information Online. You can easily view the foreclosure case information online at the Clerk's Online Resource ePortal (CORE). Just be sure to have the case number or Plaintiff or Defendant name on hand so you can search and locate the case.

In nonjudicial pre-foreclosure situations, the pre-foreclosure process is usually quick. For example, the pre-foreclosure process can be as short as 111 days in California. This includes a 90-day default notice period and a 21-day foreclosure sale notice.

By dialing 311 or 305-468-5900 (outside Miami-Dade County), you can receive personalized customer service in English, Spanish or Haitian Creole. The 311 Contact Center is open Monday through Friday from 7 a.m. to 7 p.m. and Saturday from 8 a.m. to 5 p.m., while closed on Sundays and holidays.

After you have redeemed your property, you will receive a “Clerk's Certificate of Satisfaction of Final Judgment of Foreclosure” which will be recorded in the Public Records at the County Recorder's Office – 22 NW 1st Street, Miami, Florida, 33128, phone # (305) 275-1155.

To start a foreclosure in Florida, the foreclosing bank files a lawsuit (a "complaint") and serves it to you. After the 120-day preforeclosure period expires, assuming a loss mitigation application isn't pending, the servicer can initiate a foreclosure under state law. (12 C.F.R. § 1024.41 (2024).)

In Florida, mortgage foreclosure actions are subject to a five year statute of limitations pursuant to Fla. Stat. § 95.11(2)(c). The statute of limitations begins running from the date that the cause of action accrues, which is typically the date of the borrower's default under the note or mortgage terms.

You'll need to act quickly to claim surplus funds after the foreclosure sale. A limited amount of time will be available for you to get the funds. The exact amount of time you'll get depends on state procedures. You can apply to either the foreclosure trustee or the court to get the foreclosure excess proceeds.

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. If contested by the borrower or if the borrower files for bankruptcy, this process may be delayed further.

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Chattel Mortgage Form Foreclose In Miami-Dade