Florida Foreclosure Process and Laws

 


Quick Facts About the Florida Foreclosure Process

Judicial Foreclosure Available: Yes

Non-Judicial Foreclosure Available: No
Primary Security Instruments: Mortgage
Timeline: Typically 180 days
Right of Redemption: Yes
Deficiency Judgments Allowed: Yes

Mortgages are foreclosed impartially in Florida. A foreclosure action is separated from all counterclaims against the lender. The trial in a foreclosure case is also done without a jury.

The court order states the specifics of the foreclosure, which includes the time and date of the foreclosure sale. The lender must also place an advertisement in the newspaper, informing the public about the upcoming foreclosure proceeding.

After the foreclosure sale has been completed, the borrower’s Equitable Right of Redemption ends. But there is a period, usually 10 days after the sale, wherein the court reviews the sale to make sure that a fair price has been paid and the proper procedures have been done. After everything has been approved, the Certificate of Sale is filed. If not, another sale needs to take place.

In Florida, the lender may sue to obtain a deficiency judgement.

Foreclosure Avoidance Counseling

HUD-approved housing counseling agencies are available to provide you with the information and assistance you need to avoid foreclosure. As part of President Obama’s comprehensive Homeowner Affordability and Stability Plan (HASP), you may be eligible for a special Making Home Affordable loan modification or refinance, to reduce your monthly payments and help you keep your home.

If you need help understanding the Making Home Affordable programs, you can use this search tool to find a counseling agency in your area that will provide you with free foreclosure prevention services. If you are eligible for the loan modification or refinance program, the counselor will work with you to compile an intake package for your servicer.

Foreclosure prevention counseling services are provided free of charge by nonprofit housing counseling agencies working in partnership with the Federal Government. These agencies are funded, in part, by HUD and NeighborWorks® America. There is no need to pay a private company for these services.

Jacksonville Office

Charles E. Bennett Federal Building
400 W. Bay Street, Suite 1015
Jacksonville, FL 32202

Phone: (904) 232-2627

Email: FL_Webmanager@hud.gov
Fax: (904) 232-3759

Jurisdiction: The following 36 counties in North Florida: Alachua, Baker, Bay, Bradford, Calhoun, Columbia, Clay, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Gulf, Hamilton, Holmes, Jackson, Jefferson, Lafayette, Leon, Levy, Liberty, Madison, Marion, Nassau, Okaloosa, Putnam, St. Johns, Santa Rosa, Suwannee, Taylor, Union, Wakulla, Walton, and Washington.

Earl Cox

Acting Field Office Director
Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Miami Office

Brickell Plaza Federal Building

909 SE First Avenue,
Room 500
Miami, FL 33131-3028

Phone: (305) 536-5678
Email: FL_Webmanager@hud.gov

Fax: (305) 536-5765
TTY: (305) 536-4743

Jurisdiction: The following 10 counties in South Florida: Broward, Charlotte, Collier, Dade, Glades, Hendry, Lee, Martin, Monroe, and Palm Beach.

Armando Fana

Field Office Director
Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Orlando Office

3751 Maguire Blvd.,

Suite 270
Orlando, FL 32803

Phone: (407) 648-6441
Email: FL_Webmanager@hud.gov
Fax: (407) 648-6310

Jurisdiction: The following 9 counties in East Central Florida: Brevard, Indian River, Lake, Okeechobee, Orange, Osceola, St. Lucie, Seminole, and Volusia.

Paul C. Ausley, Jr.
Field Office Director
Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday

Tampa Office

Timberlake Federal Building
500 E. Zack Street,
Suite 402
Tampa, FL 33602-2945

Phone: (813) 228-2026

Email: FL_Webmanager@hud.gov
Fax: (813) 228-2431
TTY: Dial 711 to use Florida Relay

Jurisdiction: The following 12 counties in West Central Florida: Citrus, De Soto, Hardee, Hernando, Highlands, Hillsborough, Manatee, Pasco, Pinellas, Polk, Sarasota, and Sumter.

KAREN JACKSON SIMS
Field Office Director
Office Hours: 8:00 a.m. to 4:30 p.m.
Monday through Friday