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Florida Foreclosure Process Overview

By November 14, 2012 No Comments

What is the Florida Foreclosure Process?

The Florida foreclosure process is judicially supervised, and Florida is typically called a “judicial foreclosure state.”  Thus, when a bank or servicer finally begins the foreclosure process, they will be forced to file a lawsuit just like in any other typical legal dispute.  The homeowner at risk of foreclosure should get served with a copy of the lawsuit, and the homeowner will appear as a defendant in the foreclosure lawsuit with the right to assert defenses.

Why is Judicial Foreclosure Good for Foreclosure Defense?

While it might seem intimidating to be the subject of a lawsuit, Florida homeowners are actually very lucky to have such a foreclosure process.  In states where judicial supervision is not required by law, banks and servicers can foreclose with as little as 90 days notice and with little opportunity for homeowners to put forth foreclosure defenses that may stop foreclosure or encourage loan modification settlements.  Homeowners wondering how to stop foreclosure may be shocked to find that in non-judicial foreclosure states, they will actually have to file a lawsuit themselves to contest the proceedings.


How can a Florida Foreclosure Defense Attorney at KNZLaw Help Me?

One way to take advantage of the opportunities of being in a state with a judicial foreclosure process is to examine the possible foreclosure defenses you have.  One of the experienced Florida foreclosure attorneys in our West Palm Beach office can alert you to possible defenses you have, as well as explaining every possible foreclosure settlement option you have.  We will never pawn your work off to inexperienced associates or unlicensed paralegals or surrogates.