# Forecloure on a Florida home.. **URL:** \ **Category:** Factual Questions\ **Created:** [November 3, 2007, 2:04am UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077 "2007-11-03T02:04:00Z")\ **Posts on this page:** 11\ **Page:** 1
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [November 3, 2007, 2:04am UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/1 "2007-11-03T02:04:00Z")
Okay, straight question, and please no judgements or extra info: Today is Nov. 2, and I am current on my home mortgage in the state of Florida. If I quit paying today (and miss the next scheduled Dec. 1 payment) and ignore all notices and phone calls, what day should I expect a sheriff’s deputy to forcibly remove me from my home? ---
**Author:** ![Auntbeast](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Auntbeast](https://boards.straightdope.com/u/Auntbeast)\ **Post date:** [November 3, 2007, 5:11pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/2 "2007-11-03T17:11:49Z")
It can take quite a while. More than 3 months I would think. It also depends on how desperate your mortgage company is to get the house back. At the current rate of foreclosures, there is a huge problem with mortgage companies owning way, way too many foreclosed houses. From what I’ve read, it seems to me that your mortgage company would try to do anything possible to KEEP you from foreclosing. To give you an idea, we have been through the ringer the last few years. We just ended a 6 month repayment plan to get us caught up on our mortgage. Now, according to our agreement, had I defaulted on any of those payments, the agreement would have been void and they could have started foreclosure proceedings immediately. You’ll get the notice of intent pretty quickly, but depending on how aggressive they are, I would guess you could still be in your house safely for about 3 months (which would put you 3 months behind) and then everything after that is a crap shoot. If you are considering foreclosure, please, please, please investigate all the ways that can impact you in the long run. If you are trying to reduce expenses, perhaps you could rent your house to someone else and you get a small apartment. The short term effects of this market are exactly that. If you can find a way to ride it out for a year or so more, you’ll be much better off than if you get foreclosed on. I have an absolute crapload of equity. Countrywide would have LOVED to foreclose on me. Now, if I had negative equity? Yeah, not so much. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [November 3, 2007, 5:35pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/3 "2007-11-03T17:35:26Z")
> [@](#): > > - Judicial Foreclosure Available: Yes > > - Non-Judicial Foreclosure Available: No > > - Primary Security Instruments: Mortgage > > - Timeline: Typically 180 days > > - Right of Redemption: Yes > > - Deficiency Judgments Allowed: Yes > 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. (Reference F.S. Chapter 702) > > The lender may sue to obtain a deficiency judgment in Florida. [Florida Foreclosure Law](http://www.foreclosurelaw.org/Florida_Foreclosure_Law.htm) > [@](#): > > How long does it take to foreclose a property in Florida? > > Depending on the court schedule, it usually takes approximately 180-200 days to effectuate an uncontested foreclosure. This process may de delayed if the borrower contests the action, seeks delays and adjournments of hearings, or files forbankruptcy. [Florida Foreclosure Laws - Foreclosure.com](http://www.foreclosure.com/statelaw_FL.html) Plus, they generally wouldn’t start foreclosure proceedings until you were 90 days down. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [November 3, 2007, 6:16pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/4 "2007-11-03T18:16:27Z")
I’m a real estate attorney in Florida, so most of my business right now is foreclosures. As previously stated, the lender generally won’t refer the defaulted loan to the attorneys until about 3 months after you stop paying. An uncontested foreclosure suit then takes about another 3 months to get a judgment (this can be considerably extended with certain methods of contesting the action). From judgment to sale is another 30-60 days. From sale to eviction is about another 10 days. So, a minimum of about 7 months\*; sometimes it will last close to a year. \*This is a generalization, naturally, and not a promise; clearly, YMMV ---
**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\ **Post date:** [November 3, 2007, 6:21pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/5 "2007-11-03T18:21:28Z")
[QUOTE=Atomicktom] I’m a real estate attorney in Florida, so most of my business right now is foreclosures. As previously stated, the lender generally won’t refer the defaulted loan to the attorneys until about 3 months after you stop paying. An uncontested foreclosure suit then takes about another 3 months to get a judgment (this can be considerably extended with certain methods of contesting the action). From judgment to sale is another 30-60 days. From sale to eviction is about another 10 days. So, a minimum of about 7 months\*; sometimes it will last close to a year. \*This is a generalization, naturally, and not a promise; clearly, YMMV [/QUOTE] Thanks. You are close to me, so I will take your word. We have had financial difficulties lately, and I pray that it won’t come to this, but want to stare down the barrel, so to speak, in case the worst should happen. I consider the question answered, and would appreicate a moderator to close…Thanks again… ---
**Author:** ![ivylass](https://avatars.discourse-cdn.com/v4/letter/i/9de053/32.png) [@ivylass](https://boards.straightdope.com/u/ivylass)\ **Post date:** [November 3, 2007, 6:24pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/6 "2007-11-03T18:24:32Z")
Just a heads up, if you are having problems making your mortgage payment…_call the bank._ They will probably be willing to work with you as long as you stay in contact with them. I think I read somewhere banks hate foreclosing on homes…they’re in the money business, not the real estate business, and it’s a headache they don’t want. Is that correct, **Atomicktom**? ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [November 3, 2007, 6:27pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/7 "2007-11-03T18:27:37Z")
Leaving this one open for a bit longer, as you may still get some good advice. But I will close it at the OP’s request later today. **samclem** ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [November 3, 2007, 6:35pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/8 "2007-11-03T18:35:13Z")
[QUOTE=ivylass] Just a heads up, if you are having problems making your mortgage payment…_call the bank._ They will probably be willing to work with you as long as you stay in contact with them. I think I read somewhere banks hate foreclosing on homes…they’re in the money business, not the real estate business, and it’s a headache they don’t want. Is that correct, **Atomicktom**? [/QUOTE] Yes, I’d agree. All lenders (that I’ve dealt with) have a loss mitigation department that you can call to try and arrange some sort of payment plan. If you enter a plan, they’ll put the foreclosure on hold. IME, many people complain about the lack of customer service in the loss mit. departments, so it requires you to be aggressive and vigilent. Don’t expect them to call you. There are other methods of delaying a foreclosure. Bankruptcy, while not desirous, is one. Also, by law, they have to provide you a breakdown of the debt once you are served with a lawsuit. Request a verification of debt, and that will delay the process. If you want to pay a lawyer, they can give you other tactics (however, be forewarned: a lawyer may delay the process, giving you time to sell the property or see the market turn around, but they aren’t going to make the debt go away) I hate seeing all of these foreclosures (it’s job security for me, but I’m much more fulfilled helping people buy homes then helping banks take them away; besides, I have family in the mortgage business, and they’re really struggling). Having said that, being able to foreclose on property is a necessary evil that ensures that banks can recoup bad investments. But it doesn’t mean that you, the borrower, are a bad person. And it doesn’t mean that you’ll never be able to own again. Life does go on, so I hope that all people facing this unfortunate situation keeps a good perspective and doesn’t give up hope. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [November 3, 2007, 6:52pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/9 "2007-11-03T18:52:16Z")
[QUOTE=Atomicktom] I’m a real estate attorney in Florida, so most of my business right now is foreclosures. [/QUOTE] I thought I remembered that. Thanks! ---
**Author:** ![Dewey\_Finn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dewey_finn/32/4222_2.png) [@Dewey\_Finn](https://boards.straightdope.com/u/Dewey_Finn)\ **Post date:** [November 3, 2007, 7:03pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/10 "2007-11-03T19:03:28Z")
[QUOTE=ivylass] Just a heads up, if you are having problems making your mortgage payment…_call the bank._ They will probably be willing to work with you as long as you stay in contact with them. [/QUOTE] Second this. If you’re having problems, call the bank and work with them to avoid foreclosure or damage to your credit (if possible). ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [November 3, 2007, 8:21pm UTC](https://boards.straightdope.com/t/forecloure-on-a-florida-home/425077/11 "2007-11-03T20:21:54Z")
Closed at the request of the OP. **samclem**