What are the foreclosure laws in Florida?
The laws for foreclosure in Florida can be confusing.
Summary:
| Judicial Foreclosure | Yes |
| Non-Judicial Foreclosure | No |
| Security Instrument s | Mortgage |
| Right of Redemption | Yes-brief and subject to court procedure |
| Deficiency Judgments | Yes |
| Time Frame | Usually 180 days |
Judicial foreclosure in Florida is completely controlled by the court. The lender sues and obtains an order to foreclose. The court then defines the procedure to be followed. The court may or may not order that the notice of sale be published in a newspaper. If so ordered, it is the responsibility to place the notice for publication on the terms ordered by the court.
The sale technically ends any equitable right of redemption; however the court may extend the time for redemption, but rarely does so. In fact, there is a period following the sale during which the court reviews the sale to ensure a fair price has been paid. This usually takes about 10 days, and right of redemption remains in effect until court confirmation of the sale.
Should the court, for any reason, not confirm the sale, another sale is ordered.
The lender may also sue for a deficiency judgment.
