Florida Foreclosure Process

The Florida foreclosure process as in other states that use the judicial foreclosure process functions as follows:

1. When your payment becomes 60 days late (much later in this market), the lender files a lawsuit in the court with jurisdiction on your house. With this lawsuit they begin the process to foreclose on your loan.


2. The lender or its lawyer records a notice mentioning this lawsuit at the county recorder's office. This notice is referred to as lis pendens meaning "lawsuit pending". This lets everyone know that there's a lawsuit on this property. That's why you get lots of people contacting you about the foreclosure.


3. You receive a letter letting you know about the impending lawsuit and that you have 20 days from the date you receive this letter to respond. Respond to this letter, if only to get some additional time. If this is too confusing or too tough to deal with, this is the right time to get a lawyer.


4. The court date is set. If you responded by mail or in person, you could get the date moved back.


5. The lawsuit is heard in court. The judge hears the lawsuit. If you or your lawyer do not show up, the judge orders the foreclosure on the loan. If you show up and have some special circumstances in your favor, he can dismiss the case.


6. If you lost the lawsuit, the judge orders the foreclosure on the loan and requests that a public auction date be set.


7. The date is advertised.


8. Your house is sold to the highest bidder or is kept by the lender if no one bids higher than the amount their looking to get.


9. In some states, there's a redemption period where you can still get your property back by paying all the money owed. That is not the case in Florida. A sheriff's deed is given to the highest bidder.