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 to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust
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FAQ
In Florida, foreclosures are handled by circuit courts and are always judicial, meaning the lender must file a notice of impending lawsuit with the courts known as lis pendens.
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.
Florida is known as a judicial foreclosure state. This means the mortgage company is required to get approval from the court before they can proceed with a foreclosure process.
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.
Florida's circuit courts have exclusive original jurisdiction over mortgage foreclosure actions. Fla. Stat.