Foreclosures

Foreclosure Law Fort Lauderdale Florida BrowardIn 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). Call the Law offices of Holiday H. Russell to expedite your paperwork.

The Law Offices of Holiday H. Russell, P.A.

2699 Stirling Road, Suite A-105, Fort Lauderdale, Florida 33312

954.920.5153

Email: hhrussell@holidayrussell.com

Holiday H. Russell, P.A. All rights reserved 2016. TERMS OF USE: This web site is designed for general information only. No representations are made as to the current status of any law, statute, rule, procedure or form, or whether any of the same described herein are up to date, complete and current. Persons accessing this site are encouraged to seek independent counsel for advice regarding their individual legal issues. The information presented at this site is not to be construed as formal legal advice to you nor the formation of a lawyer/client relationship. The hiring of a lawyer is an important decision. Before you hire the lawyer to whom you are referred, please be sure to request information regarding the lawyer’s qualifications and experience.
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