Understanding the Foreclosure Process in Florida

John Constantine • December 15, 2018

Understanding the foreclosure process in Florida is an important part of navigating your own home foreclosure.


Before we dive in…

Understanding the Foreclosure Process in Florida

What is foreclosure anyway?

Foreclosure is the legal process that lenders use to take back property securing a loan, generally after the borrower stops making payments.

Foreclosure is no fun. But just know that it’s not the end of the world.

When you know how foreclosure in Florida works… it arms you with the knowledge to make sure you navigate it well and come out the other end as well as possible.


The Basic Stages of A Foreclosure

There are a few stages that are important to any foreclosure process.

Foreclosure works differently in different states around the country.


The two ways different states use to foreclose upon a property are: judicial sale or power of sale.

Connect with us by calling (941)-786-0009 or through our contact page to have us walk you through the specific foreclosure process here locally in Bradenton.


In either scenario, foreclosure typically doesn’t go to court until 3-6 months of missed payments have elapsed. Usually (but not always), a lender will send out many notices that you are in arrears – overdue or behind in your payment.


Under Judicial Foreclosure:


  • Your mortgage lender must file suit in the court system.
  • You’ll get a letter from the court demanding payment.
  • Assuming the loan is valid, you’ll have 30 days to bring payment to court to avoid foreclosure (and sometimes that can be extended).
  • If you don’t pay during the payment period, a judgment will be entered and the lender can request the sale of your property – usually through an auction.
  • Once the property is sold, the sheriff serves an eviction notice and forces you to immediately vacate the property.


Under Power of Sale (or Non-Judicial Foreclosure):


  • The mortgage lender serves you with papers demanding payment, and the courts are not required – although the process may be subject to judicial review.
  • After the established waiting period has elapsed, a deed of trust is drawn up and control of your property is transferred to a trustee.
  • The trustee can then sell your property to the lender at a public auction (notice must be given).


Anyone who has an interest in the property must be notified during either type of foreclosure.

For example, any contractors or banks with liens against a foreclosed property are entitled to collect from the proceedings of an auction.


What Happens After A Foreclosure Auction?

After a foreclosure is complete, the loan amount is paid off with the sale proceeds.


Sometimes, if the sale of the property at auction isn’t enough to pay off the loan, a deficiency judgment can be issued against the borrower.

A deficiency judgment is where the bank gets a judgment against you, the borrower, for the remaining funds owed to the bank on the loan amount after the foreclosure sale.


Some states limit the amount owed in a deficiency judgment to the fair value of the property at the time of sale, while other states will allow the full loan amount to be assessed against the borrower.


Here’s a great resource that lists the state by state deficiency judgment laws, since every state is different.


Generally, it’s best to avoid a foreclosure auction. Instead, call up the bank, or work with a reputable real estate firm like us at Golden Rule Home Solutions to help you negotiate discounts off the amount owed to avoid having to carry out a foreclosure.


Experienced investors can help you by negotiating directly with banks to lower the amount you owe in a sale – or even eliminate it, even if your home is worth less than you owe.


If you need to sell a property near Bradenton, we can help you.

We buy houses in Bradenton Florida like yours from people who need to sell fast.


Give us a call anytime (941)-786-0009 or fill out the form on this website today! >>>

 

Another Foreclosure Resource For Bradenton Florida HomeOwners:


By John Constantine June 23, 2024
Selling a house in Bradenton can be a complex and often challenging endeavor. The local real estate market conditions, the state of your property, and competition from other sellers are just a few of the many factors that can complicate the process. Finding a reliable real estate agent, navigating through a mountain of paperwork, and waiting patiently for the right buyer to come along can add significant stress and frustration. However, there is an alternative solution that can streamline the process and alleviate much of the burden – selling directly to Golden Rule Home Solutions. In this blog post, we’ll explore the top 10 challenges that can make selling your house in Bradenton difficult, and explain how Golden Rule Home Solutions can help you overcome these obstacles with ease.
By John Constantine June 16, 2024
Trying to sell an unwanted property in Bradenton can quickly become an overwhelming and stressful ordeal. From navigating the complexities of the local real estate market to dealing with time-consuming and costly repairs, the process is often fraught with challenges. Fortunately, there are some simple strategies that can help streamline the sale of your property, minimizing stress and ensuring a smooth transaction. In this blog, we’ll explore six straightforward tips to help you sell any unwanted property in Bradenton with ease.  Additionally, we’ll introduce you to Golden Rule Home Solutions, a trusted solution that allows you to sell your property through a direct sale, saving you from paying costly commissions and shouldering the burden of extensive repairs. With these practical tips and the assistance of Golden Rule Home Solutions, you can approach the sale of your unwanted property in Bradenton with confidence, knowing that a hassle-free experience is well within reach.
By John Constantine June 9, 2024
When selling a property in Bradenton, navigating real estate disclosures is a crucial aspect of the process. Real estate disclosures play a key role in safeguarding buyers and providing them with essential information to facilitate an informed purchase decision. Discover the ins and outs of real estate disclosures to streamline your house sale in Bradenton.
By John Constantine June 2, 2024
Navigating the process of selling a property can be a daunting endeavor, requiring significant patience, time, and effort – especially in a highly competitive market like Bradenton, where numerous competing listings vie for buyers’ attention. Traditional methods, such as working with a real estate agent, often involve a prolonged waiting period of weeks or even months before finding the right buyer and finalizing the transaction.  However, for homeowners seeking a swift and hassle-free selling experience, the option of selling directly to a professional buyer like Golden Rule Home Solutions presents an attractive alternative. This direct selling approach offers several key benefits, making it an increasingly popular choice for those looking to bypass the complexities of traditional selling methods. In this blog post, we’ll explore the top 10 advantages of selling your house directly in Bradenton, empowering you with valuable insights to determine if this path is the right fit for your unique circumstances and goals. By understanding the potential benefits, you can make an informed decision that aligns with your priorities and ensures a smooth, efficient sale
By John Constantine January 15, 2023
This is a subtitle for your new post
By John Constantine January 11, 2023
Looking For Home Buyers In Bradenton? We Analyze The 3 Ways To Sell Your Home In Bradenton If you own a home and are thinking about selling to home buyers in Bradenton, you have a number of selling options available to you. In this blog post, we’ll look at those 3 ways and break them down to help you determine which way is best for you. For most people, owning a home is the largest purchase of their lives. So it’s not surprising that the process of buying a home or selling a home can be extremely complex. Over the years, three home-selling options have developed to allow homeowners like you to sell to home buyers in Bradenton. As you think about selling your home, you need to decide which way to sell is best for you, given your goals and timeline to sell. Not sure with of these methods below is right for you? Click here to fill out the form or call (941)-786-0009 and we’d be happy to give you a no-obligation consultation 
By John Constantine January 8, 2023
One question we get all of the time here at Golden Rule Home Solutions about our local Bradenton house buying program is, “Can you buy my house for cash in Bradenton or do I have to wait for a buyer to get a bank loan?“. Great question and totally valid. 95% of all buyers of houses listed with a real estate agent go through the traditional “bank loan” process, which can take from 20-60 days from the time you accept their offer, to actually close on the property. All the while you’re paying your mortgage payment, the utilities on the house, insurance, and a real estate agent commission at the end. Keep reading this article to learn about our local “ cash for houses in Bradenton” program and how we can close on your house in as little as 7 days.
By John Constantine August 5, 2020
Are you contemplating selling? You may be curious on which is the better option, a direct sale vs. hiring an agent when selling your house in Bradenton. Circumstances in life can alter your living situation, at times despite your desires. What’s important to note is the time required before closing with each option is just as much of a consideration as the effect each has on your finances.
By John Constantine July 22, 2020
Have you ever wondered what life would be like if you could roll out shelves in your kitchen cabinets? To simply pull out a magical drawer and voilà!! you find EXACTLY what you were looking for! My significant other and I stumbled across these life changing shelves that slide and decided to have these cabinet pull outs installed at our house in the Bradenton Sarasota area.  Are rolling pull out shelves worth it? “Oh my gosh!! Now cooking will be so much easier!” Elayna screamed when she opened the kitchen cabinets and saw the pullouts for the pantry at our home in Bradenton Sarasota FL. Yes, I SURPRISED her! She then proceeded to roll out and slide back in the shelves over and OVER again with a BIG SMILE on her face. You know that feeling you get when you know you made the right decision? I DEFINITELY had it! I mean, who doesn’t LOVE home cooking?? The answer is, YES, cabinet pull out shelves are ABSOLUTELY worth it!
By John Constantine July 12, 2020
Mattress protectors are essential items for every Airbnb and Vrbo vacation rental host. Heck, they are a necessity in general for every bed in the house. Chances are, you have spent a lot of money on your beds and now you need to make sure your investment is protected. Mattress protectors will do more than just protect your bed from stains, they also can prevent bed bugs, dust mites, allergens, etc. However, when choosing a mattress protector, it’s not as easy as looking at these desirable features. Many of the mattress protectors out there have a lot of issues that can create an uncomfortable night for your guest. Two common issues with mattress protectors on the market are that they make crinkling noises and trap heat . Both of these issues would NOT make a pleasant experience for your Airbnb or Vrbo guests, so picking the wrong mattress protector could result in a negative host review.
More Posts