With mortgage foreclosures on the rise in South Florida, it is important that our foreclosure defense clients stay in tune and ahead of the curve by having a general understanding of how the foreclosure legal process in Florida works. As such, our office has created the Florida Foreclosure Flow Chart.
What Is Foreclosure?
At its most basic level, foreclosure is a legal process that allows a lender to take possession of a property when the borrower is unable to make their mortgage payments. In other words, if you own a home and you fall behind on your mortgage payments, your lender may eventually initiate foreclosure proceedings to take back the property and sell it in order to recoup their losses.
Now, it’s not like your lender is going to swoop in and take your home the second you miss a payment. In fact, there are usually several steps involved in the foreclosure process, and it can take several months or even years to complete. However, it’s important to note that foreclosure is a serious matter, and it can have long-term consequences for your credit score, your ability to get a loan in the future, and your overall financial stability.
What Steps Are Involved In the Foreclosure Process?
So, what are some of the steps involved in the foreclosure process? Well, it can vary somewhat depending on where you live and the specific terms of your mortgage, but generally speaking, it might look something like this:
Missed Payments
If you miss one or more mortgage payments, your lender will typically send you a notice informing you that you are in default on your loan. This is usually the first step in the foreclosure process, and it’s important to take it seriously and respond as soon as possible.
Notice Of Default
If you continue to miss payments, your lender will likely send you a notice of default, which formally begins the foreclosure process. This notice will usually give you a specific amount of time (often 30 days) to bring your payments up to date and avoid further action.
Foreclosure Proceedings
If you are unable to catch up on your payments within the given time frame, your lender will likely begin the formal foreclosure proceedings. This may involve filing a lawsuit, having your property appraised, and/or scheduling a foreclosure sale.
Foreclosure Sale
If the foreclosure proceedings are successful, your lender will usually have your property sold at a public auction. The proceeds of the sale will go towards paying off your outstanding mortgage balance, as well as any fees or legal costs associated with the foreclosure process.
Eviction
If you are still living in the property at the time of the foreclosure sale, you will typically be given a certain amount of time to vacate the premises before you can be forcibly removed by a Florida Sheriff.
Of course, this is just a very basic overview of the foreclosure process, and there are many different factors that can influence how it plays out in any given situation. It’s also worth noting that there may be ways to avoid foreclosure or mitigate its impact, such as by negotiating a loan modification or seeking legal assistance, by qualified foreclosure defense attorneys, such a Law Office of Ryan S. Shipp, PLLC.
In any case, the most important thing you can do if you’re facing foreclosure is to take it seriously and seek out professional help and guidance as soon as possible. It’s not a pleasant experience, but with the right support, you can get through it and come out the other side stronger and more financially stable.
If you, your family, or your friends are in Foreclosure, contact the West Palm Beach Foreclosure Defense Attorneys at Law Office of Ryan S. Shipp, PLLC to discuss your options and implement a plan of attack to help stop foreclosure dead in its tracks.
Remember, whether its defending your foreclosure action, exploring a loan modification, or selling your property through a short sale, it is always recommended that you seek legal consult. Our office is located in Lantana, Florida and we help homeowners in Palm Beach County and throughout the State of Florida. Call us today @ 561.699.0399.
