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We are a board-certified consumer bankruptcy attorney and a lawyer with over 30 years of experience in the areas of consumer rights and criminal defense. Together, we help people in Florida’s Panhandle keep their homes, find long term debt relief, fight criminal charges and develop estate plans that will benefit them and their loved ones.

GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Experienced And Effective

We are a board-certified consumer bankruptcy attorney and a lawyer with over 30 years of experience in the areas of consumer rights and criminal defense. Together, we help people in Florida’s Panhandle keep their homes, find long term debt relief, fight criminal charges and develop estate plans that will benefit them and their loved ones.

GET HELP TODAY

Toll Free :
888-858-5404
Local :
850-391-2884

Experienced And Effective
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  4.  » What are my foreclosure rights in Florida?

What are my foreclosure rights in Florida?

On Behalf of | Dec 6, 2021 | Uncategorized |

If you worry that you are close to foreclosure on your home, it is essential to know what to expect. In Florida, judicial foreclosure is mandatory. This means the lending bank must file a lawsuit against you to start the process.

The prospect of foreclosure is scary to any homeowner. However, you have some legal protections if a bank files a suit against you. See below to learn more about the judicial foreclosure process.

How long do I have after delinquency?

Federal law dictates that you have 120 days after a delinquent payment before the foreclosure process can begin. Before this time passes, the bank might send you a “breach” letter informing you of their intent to foreclose.

When can I respond?

After the bank files a lawsuit, you can respond within a specific timeframe. This is your chance to contest the foreclosure. If you do not reply, the bank can receive a default judgment and win the suit without a trial. If you choose to respond, the judge will listen to your case. However, even if you manage to keep your home, the bank can still come back with a new lawsuit.

Can I repurchase my home?

If the bank forecloses on you and auctions your home, Florida allows the right of redemption. This means if you come up with funds, you can pay off the new owner. However, you may have to pay the entire mortgage, so it is not an easy proposition.

Missing mortgage payments puts you at a disadvantage when it comes to avoiding foreclosure. Yet, in Florida, you can fight for your home and even repurchase it. It is best to maintain constant communication with the courts and your lending bank if difficulties arise in making your payments.