When your property goes into foreclosure, it means that it has gone into default under the terms of your home loan and the lender is retaking the title of the property. This happens with non-payment and each state has different regulations about how this process happens and the laws around it. Typically in Florida, it takes 4-6 months of non-payment to go into the foreclosure process. 

1. Make past due Mortgage payments

Paying the past due mortgage payments is the most obvious and straight forward method and why it’s number one on our list. Most people cannot afford to make their payments which is why they are going into foreclosure in the first place, a few options you can consider. 

  •         Cash for home offer to pay off your loan then downsize.
  •         Reverse mortgage you’re home.
  •         Find renters for your home and downsize to an apartment for a year or two. 

2.Deed in Lieu of Foreclosure

In some cases you can do a deed in lieu of foreclosure, this will transfer the home to the lender and the lender will forgive the amount due under your mortgage. You will lose your house going this route but it will save you from a few important things, the first being a foreclosure going on your credit and all the legal fees and additional costs a bank will add to your mortgage. 

Some lenders will try a short sale before they’ll agree to a deed in lieu of foreclosure.  

 

3. Attempt a Short Sale 

In order to attempt a short sale you will need to ask your lender for permission to do this as they will be pardoning a portion of the mortgage. When you do a short sale you are selling your home for less then what is owed on the mortgage, this is desirable because you can skip the bad marks to your credit and all the extra legal fees involved in a mortgage. 

Cash for home companies like Gold Leaf Home Buyers are a great resource 

 

4.Verify Florida State Foreclosure Laws Were Followed

Understanding Florida law and the entire foreclosure process is critical if you want any chance at stopping the foreclosure. There are a lot of policies and procedures with a foreclosure and ensuring everything that has been followed legally is the first step to stopping your foreclosure. Some things like active duty, bankruptcy and Mortgage Reinstatement or Redemption can stop foreclosure.



Frequently asked questions about Florida Foreclosure Laws

How long does it take to foreclose a property in Florida?
The foreclosure process in Florida can take as little as 180 days depending on the court’s schedule. The homeowner is allowed to contest the action and seek delays, and hearings if they follow the proper process. 

In Florida what is the foreclosure process?
A quick summary of the process is that the bank who holds the lien files a lawsuit in court to start the foreclosure process and gives notice to the homeowner with a summons and complaint. After this step the homeowner gets 20 days to answer the court, this will allow the homeowner to contest the foreclosure.  If the homeowner does not contact the court during this period the bank gets a default judgment and the foreclosure. When the court approves the foreclosure Florida law requires the bank to publish a notice of the foreclosure sale in a newspaper once a week for two consecutive weeks, with the second publication at least five days before the sale. (Fla. Stat. § 45.031).

Other things to explore to avoid foreclosure

  • Home loan modification
  • Forbearance Agreement
  • Using state Redemption Period
  • Hardship and payment plan programs