- 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
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In Florida, all
mortgages are
foreclosed in
equity. In a
mortgage
foreclosure
action, the
court severs,
for separate
trial, all
counterclaims
against the
foreclosing
lender. The
foreclosure
claim shall, if
tried, be tried
to the court
without a jury.
The court order
of foreclosure
will specify how
the foreclosure
must take place,
and the
foreclosure must
take place on
those terms.
Whenever a legal
advertisement,
publication, or
notice relating
to a foreclosure
proceeding is
required to be
placed in a
newspaper, it is
the
responsibility
of the lender or
their
representative
to place such
advertisement,
publication, or
notice.
Equitable Right
of Redemption
ends at the
foreclosure sale
(or at another
time specified
by the courts,
but this rarely
happens). There
is a period of
time after the
sale that "the
court reviews
the sale to
ensure a fair
price has been
paid."
Basically, this
period of time
allows parties
to object to the
sale on the
basis that
proper
procedures were
not followed or
collusion
existed between
the bidders, for
example. This
period is
usually 10 days,
after which the
Certificate of
Sale is filed
and title
passes, if the
sale is
confirmed. If
the sale is not
confirmed,
another sale is
ordered.
(Reference F.S.
Chapter 702)
The lender may
sue to obtain a
deficiency
judgment in
Florida.
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