FORECLOSURE IN FLORIDA
Carolina Nunez, Esq. is a Florida foreclosure defense attorney at The Law Offices of Carolina Nunez, P.A.
With our personalized service, we have helped clients feel heard and understood.
Understanding a Florida Foreclosure
What exactly is a foreclosure?
Do I need a foreclosure lawyer?
A foreclosure in Florida occurs when your respective bank or lender takes the necessary steps to auction your property to recover the amount of money that is owed. The bank or lender recovers the amount you owe at a foreclosure sale, where your home is sold to the highest bidder. In order for a foreclosure to occur, the bank has to show that you are behind on your mortgage payments. This is known as a “default.”
FLORIDA Foreclosure Filing and ProceedingS
After you have defaulted, the bank will begin to initiate the process of placing your home in foreclosure. A lender is required to mail you a letter that explains that you will be foreclosed on if you are unable to catch up with your payments. During this time, the bank will attempt to call you to try to come to a “solution” regarding your situation. Sadly, many homeowners that face foreclosure often resort to working with the bank by themselves in order to come to a “solution” or they simply ignore the bank’s letter. Instead, you should consult with an Orlando foreclosure defense attorney.
FLORIDA FORECLOSURE SALE
When a bank files the foreclosure in the courts, the borrower is then served a copy of the complaint and you will have 20 days to respond. If you do not respond to the lawsuit, the bank will be able to proceed with the foreclosure sale. At a foreclosure sale, the home is sold to the highest bidder. The bank often lets the new “owner” take control of evicting you from the foreclosed home.
FLORIDA
ESTIMATED
FORECLOSURE TIMELINE
Keep in mind these are the typical timeframes the foreclosure process takes. Each case is individual and therefore, times vary.
Default on Mortgage Payment
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Timeline:
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Typically occurs after 90 days of missed payments.
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Details:
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After you miss a mortgage payment, your lender will send you a Notice of Default. You have a short grace period after the due date to make your payment.
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Pre-Foreclosure
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Timeline:
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Typically 30-90 days after Notice of Default.
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Details:
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The mortgage lender will likely attempt to contact you to resolve the issue. During this period, you may receive multiple communications from your lender, including phone calls, letters, and potentially a notice of acceleration, which demands full payment of the outstanding debt. During this time, be cautious of scams.
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Foreclosure Lawsuit Filed
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Timeline:
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Approximately 90-180 days (or even more) after a Notice of Default.
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Details:
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If the default is not "cured" (if you don't pay what is due) -- the lender will likely file a foreclosure lawsuit against you in the court.
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You will be served with a summons and complaint, notifying you of the foreclosure action.
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Borrower’s Response
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Timeline:
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Within 20 days of being served.
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Details:
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You must file a response to the foreclosure Complaint within 20 days. If you do not respond, the court may issue a Default Judgment against you. It's important that you do not wait until a couple of weeks or days before your Answer to a foreclosure lawsuit is due in court.
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Mediation (Optional)
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Timeline:
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Varies.
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Details:
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Some courts may offer or require mediation to allow you and the lender to negotiate a settlement or loan modification.
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Summary Judgment or Trial
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Timeline:
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Usually anywhere from 2-6 months after the Complaint is filed.
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Details:
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The lender may file a motion for summary judgment if there are no disputed issues of fact. If granted, the court will set a sale date. If the case goes to trial, the court will determine whether foreclosure is warranted.
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Foreclosure Sale
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Timeline:
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Varies.
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Details:
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Notice of the Foreclosure Sale must be published and noted in the court case.
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Redemption Period
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Timeline:
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Before the sale is finalized.
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Details:
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You have the right to redeem the property by paying the total amount owed, including fees and costs, up until the sale is confirmed by the court.
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Certificate of Title
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Timeline:
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About 10 days after the certificate of sale.
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Details:
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If no objections are filed, the clerk will issue a Certificate of Title to the new owner, finalizing the foreclosure.
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LOSS MITIGATION
HOW TO AVOID
MORTGAGE LENDER TRAPS
During this time, the bank will attempt to call you to try to come to a “solution” regarding your situation. Sadly, many homeowners that face foreclosure often resort to working with the bank by themselves in order to come to a “solution” or they simply ignore the bank’s letter. Instead, you should consult with an attorney.
The Law Offices of Carolina Nunez, P.A. is here to help you if a foreclosure lawsuit has been filed against you. Fill out our online intake form, or call us at 386-PLEITOS (Spanish/Español).
SPECIAL CONSIDERATIONS FOR VETERANS FACING FORECLOSURE
Veterans may face unique challenges during foreclosure. However, there are specific protections and resources available to help.
VA Loan Foreclosure Protections
VA Loan Foreclosure Process:
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Similar to traditional foreclosures, but the VA offers additional support.
Servicemembers Civil Relief Act (SCRA):
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Provides financial protections, including interest rate reductions and foreclosure protections, for active-duty service members.
VA Assistance Programs:
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The VA offers programs to help veterans avoid foreclosure, such as the VA Home Loan Guaranty program and the VA Foreclosure Alternatives program.
HOW THE LAW OFFICES OF CAROLINA NUNEZ, P.A. CAN HELP YOU AVOID FORECLOSURE
Individuals and families are now dealing with the aftermath of inflation, COVID-19, death, job loss, and major income reductions. Adding to that stress is collecting all of the necessary information to submit to a lender for assistance and ensuring that all documentation is properly filled out.
If you are currently struggling with your mortgage payments, or anticipate not being able to pay your mortgage, The Law Offices of Carolina Nunez, P.A. is here to help you if a foreclosure lawsuit has been filed against you. Fill out our online intake form or call 407-900-FIRM. Si necesita un abogado de defensa de ejecuciones hipotecarias en Orlando, Florida, en Español, llame a: 386-PLEITOS
At The Law Offices of Carolina Nunez, P.A., we understand the emotional and financial toll of foreclosure. Our experienced team is dedicated to providing personalized legal assistance to help you navigate the foreclosure process and explore all available options to save your home.
Negotiation with Lenders:
We can negotiate with your lender on your behalf to explore alternatives to foreclosure, such as loan modification, forbearance, or repayment plans.
Consultation and Guidance:
We offer consultations with our Florida foreclosure defense attorney to help you understand your options and make informed decisions about your financial future.
The Law Offices of Carolina Nunez, P.A. is here to help you if a foreclosure lawsuit has been filed against you. Fill out our online intake form, or call us at 386-PLEITOS (Spanish/Español).
My Commitment
As Your Florida Foreclosure Defense Lawyer
I am Attorney Carolina Nunez, and I am dedicated to ensuring that our offices provide exceptional legal representation. Our commitment is to explore every possible avenue to achieve justice for our clients, whether it involves negotiating settlements or aggressively pursuing litigation in court.
We understand that each case is unique and deeply personal, and we strive to offer a personalized approach to legal representation. Our goal is to provide not only expert legal advice but also compassionate support to guide you through every step of the legal process. We are here to listen to your concerns, answer your questions, and work tirelessly to protect your rights and secure the best possible outcome for your case.
At The Law Offices of Carolina Nunez, P.A., we believe in building strong attorney-client relationships based on trust, transparency, and a shared commitment to achieving justice.
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