Law Offices of Splittler, Read and associates, P.A.

Avoid Foreclosure by Knowing the Florida Foreclosure Laws and Process

Knowledge is power, and power is what you need to save your home and get out of  the Foreclosure crisis.

Use the following Foreclosure process to develop a definite plan of action with well-timed, well-informed steps, so you can stop the Foreclosure process and save your home!

The Process

In Florida, mortgages must be foreclosed by filing a lawsuit in court. As in any lawsuit, the borrower must be served with notice of the lawsuit and must be given an opportunity to appear and defend his or her rights. The lender will try to show that the borrower is in default, and that Foreclosure is therefore necessary under Florida equity law. Florida is unusual in that the legislature has passed very few statues regulating Foreclosures. Most of the law on the subject of Foreclosures in Florida is found scattered in dozens of cases. The basic statute, chapter 702.01 reads as follows:

All mortgages shall be foreclosed in equity. In a mortgage Foreclosure . . .

 

action, the court shall sever for separate trial all counterclaims against the foreclosing mortgage. The Foreclosure claim shall, if tried be tried to the court without a jury.

 

Counterclaims by a borrower may be tried to a jury, but they must be tried separately from the main Foreclosure lawsuit.

 

 

 

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