The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action.
Florida Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief
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US-01680BG
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How to fill out Petition Or Complaint To Enjoin Nonjudicial Foreclosure Sale And For Declaratory Relief?
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FAQ
Florida is a judicial foreclosure state. Therefore, a bank or HOA seeking to foreclose a home must receive approval from a judge. The case must be filed in the circuit court where the property is located. Under Florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity.
You'll get a copy of the foreclosure judgment from the court by mail. In most cases, the judgment will state that your right to redeem ends when the clerk files the certificate of sale. You won't get an opportunity to get your house back after this time.
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.
Tenants require at least 90-days' notice for eviction. If the tenant does not vacate the property within 90 days, or the previous homeowner does not vacate the property after the foreclosure sale is confirmed, the purchaser can file a motion for writ of possession with the court.
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.
Initial Filing Fees Filing TypeCostForeclosure Claims $50,000 and less (Level 1)$400Foreclosure Claims more than $50,000 and less than $250,000 (Level 2)$905Foreclosure Claims $250,000 and above (Level 3)$1,905