Florida Foreclosure Process
Florida performs its foreclosures judicially. Specifically the circuit courts of Florida have jurisdiction for the filing of a foreclosure complaint. There are nine separate steps to the foreclosure process in Florida. They are 1) Breach letter; 2) Complaint to foreclose; 3) Lis Pendens 4) Order to show cause; 5) Judgment; 6) Notice of Sale; 7) The Sale;
Certificate of Sale; 9) Certificate of title.
1.) Breach letter
The first step in the Florida foreclosure process is for the lender to notify the homeowner by certified mail that he/she has breached the contractual terms of the promissory note and to notify the owner of its intention to foreclose on the home and seek a deficiency judgment. This letter will be forwarded to the homeowner prior to the filing of the complaint to foreclose. This is the end of the private information colon cleansing system which we will only see if we are able to enter the home prior to an auction and purchase the property from the homeowner directly.
2) Complaint to Foreclose
The Complaint to Foreclose is just a lawsuit which is filed in the circuit court where the property is located. The attorney prepares the complaint and attaches the mortgage and the promisory note as part of the complaint. It recites the facts of the breach of contract by the homeowner. There is a great deal of information in the complaint and the team member should always copy the entire file for the file. For instance the complaint will recite the amount of the original mortgage, the current amount that the homeowner is behind on the mortgage and will include all of the other parties of record.
The court action is what is known as an in-rem action based upon equity.