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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.
The lender may sue
to obtain a
deficiency judgment
in Florida. |