Following a first mortgage foreclosure, all junior liens (including a second mortgage and any junior judgment liens) are extinguished, and the liens are removed from the property's title. However, the second mortgage debt and creditor's judgment remain, even though they're no longer attached to the foreclosed property.
Tampa, Florida 33619-0917 Submit paper title or a completed HSMV 82101 if unable to locate paper title. Your customer should sign a completed form HSMV 82139 Notice of Lien. Submit the completed form HSMV 82139 and a check (see fees) to the Tax Collector's office. The lien will be added to show you as lienholder.
The foreclosure procedure in Florida begins with the lender asking the court to allow the foreclosure to proceed. If the court allows it, the foreclosure sale typically must occur within 20 to 35 days of the judgment. Foreclosure sales are conducted as auctions that are open to the general public.
In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located.
In Florida, like many other states, the foreclosure process typically commences after a specific period of consecutive missed payments, normally ranging from three to six months.
Tampa, Florida 33619-0917 Submit paper title or a completed HSMV 82101 if unable to locate paper title. Your customer should sign a completed form HSMV 82139 Notice of Lien. Submit the completed form HSMV 82139 and a check (see fees) to the Tax Collector's office. The lien will be added to show you as lienholder.
Identifying a lien If not known, verify owner of record by searching the owner name, address, or folio number of the property on the Property Appraiser's website. Check the property address for liens. Verify and obtain the lien information in the Clerk of Circuit Court Records.
A deficiency judgment allows a mortgage lender to recover the difference between the outstanding balance of a mortgage note and the proceeds of a property foreclosure sale. In Florida, a deficiency judgment can also include costs and attorney's fees.
Final judgments issued in Florida are the culmination of a lawsuit. They can come at the end of the process from a trial or beforehand through certain procedural mechanisms like default or summary judgment or from an unperformed settlement agreement.
2nd and Junior Mortgages (such as home equity loans, etc.) Credit Card Judgments (recorded after the foreclosing mortgage) Personal Judgments (recorded after the foreclosing mortgage) Mechanic's Liens (recorded after the foreclosing mortgage) Other Judgments (recorded after the foreclosing mortgage)