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Florida Foreclosure Question

Posted: Sep 5, 2011

About how long does it take to officially foreclose in Florida? I see a bunch of court foreclosures in the newspaper every Sunday. Is that to make it official and am I going to need a lawyer to foreclose?

Any help would be appreciated!

;

Google Florida Foreclosure Procedure - Been there, almost done that

[ In Reply To ..]
Florida takes much longer than many of the other states, because there are so many and state law requires that it be a judicial foreclosure.

In a nutshell, though, once you have defaulted and are more than 60 days past due, the bank will send you a letter saying that they are accelerating your loan and you have until X date to bring it current. If that doesn't happen, then several months later you'll get the service of summons for the foreclosure law suit. I googled "court" and my state and found a web site that has all court filings for my state and I kept an eye on it and so knew several days ahead of actually getting the service of summons that the lawsuit had been filed.

You don't necessarily need a lawyer, but one could possibly come in handy. If you have trouble paying your mortgage, though, I'm thinking there's not a lot extra for an attorney. You might try the Legal Aide Society and see if they offer any kind of assistance.

Now, Florida is a little different than most because the process is so long and drawn out. I have read various articles that said that people were in their house for up to a year before the actual sale date and they had to leave - and they were not making any kind of payment in that time period.

If the original payments are something you can keep up with and you just need help getting caught up after getting behind, try your hardest to work something out with the mortgage company. It took me a long time and a number of tries to get someone who would work with me an actually give me accurate information. Because of her help I was able to get everything caught up and get the lawsuit dismissed and keep my house.

If that's not in the cards and you know the foreclosure is going to come no matter what, stop paying any money right now and don't throw good money after bad. You'll very probably have at a minimum of 6 months and very possibly more than that and this will give you a chance to save that money as a downpayment for new housing arrangements.

The one thing you have to consider is what this does to your credit report, and it trashes it. Many renters - both houses and apartments - look at credit reports when they are considering new tenants, but they also know that in today's economy foreclosure is not such a rare thing any more. Just know that it may make it a little more difficult to find a new place to live unless you can explain to a landlord the details of your situation.

Good luck. I've been in your shoes and it's not a good place to be. Hope everything works out for you.

I also think I read on here that someone - suggested trying to SM

[ In Reply To ..]
get new housing lined up before it goes on your credit report.

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