20+ year of experience
Insurance Defense Lawyers
Personal attention

Strong and Dedicated Lawyers
Eager to Protect our Clients Find out if you have a case Find out if you have a case

What are Your Rights in a Florida Foreclosure?

Foreclosure can be a stressful and overwhelming process, but it is important to know that homeowners have a number of rights in the state of Florida. It is also important for those experiencing foreclosure to understand that they have the right to seek the assistance of an attorney and to try to negotiate a foreclosure with their help. Call a Florida foreclosure attorney from Sharmin & Sharmin today to learn more.

Florida house. What are your Florida foreclosure rights?

The Foreclosure Process in the State of Florida

Breach Letter

According to Florida law, if a borrower falls behind on their mortgage payments, the lender is obligated to send a notice referred to as a “breach letter.” This letter’s purpose is to inform the homeowner that they have defaulted on their mortgage. The letter also explains that the lender will initiate the foreclosure process if the default is not “cured.” The breach letter will also outline the options available to the borrower to prevent foreclosure. If not cured, the lender can accelerate the loan and move forward with the foreclosure.

Foreclosure Notice

If a homeowner is unable to correct a default on their mortgage, they have the right to be notified of the impending foreclosure. A servicer usually must wait until the loan is over 120 days delinquent before officially starting a foreclosure. Florida follows a judicial foreclosure process, which requires lenders to obtain approval from the court before starting the foreclosure process. 

If a lender is granted approval for judicial foreclosure, the homeowner will receive a formal complaint and court summons via mail. After a lender initiates a judicial foreclosure in Florida, the homeowner has 20 days to file a response in court.

Mortgage Reinstatement

Mortgages in Florida oftentimes include provisions that permit borrowers to reinstate their loans, allowing them to interrupt the foreclosure process by paying off past-due amounts and fees. These provisions frequently allow borrowers to reinstate their mortgages until a particular stage in the process, such as when the court issues a judgment. Should a borrower successfully reinstate their mortgage, the lender will terminate the foreclosure proceedings.

Home Redemption

One alternative to avoid the loss of a home through the foreclosure process is the redemption of the property. This option differs from the reinstatement of a mortgage, which involves paying off past-due amounts and fees. Redemption requires the payment of the entire mortgage and any outstanding fees or interest owed to the lender.

In any case, a borrower in Florida can redeem a property before either:

  • The court clerk files the certificate of sale; OR
  • the time specified in the foreclosure judgment passes

Sharmin & Sharmin, Your Go-To Florida Foreclosure Lawyers

Sharmin & Sharmin is the premier south Florida firm for all concerns regarding foreclosures. Being such a complex process, there are many rules and requirements that must be followed by all parties. Reach out to a Florida foreclosure attorney today to gain guidance as you navigate the process of foreclosing on a home. Our firm can be reached at 1-844-Sharmin, where we offer free consultations. 

Do you have a case?

Find out in 3 easy steps if you have a case.
All fields are required. If you need immediate assistance, do not hesitate to call us at (1-844) 742-7646

*information required