How Long Will a Foreclosure Take in Florida?

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If you have missed several mortgage payments and are in fear of foreclosure, or if your lender has already sent you a default notice, you may think it is time to start packing your bags. Fortunately, even if your lender has started the foreclosure process, the situation is likely not that urgent yet.

Foreclosures do not happen automatically in Florida and there is a very specific procedure that must be followed. The procedure takes time and during that time, you may even be able to save your home. If you fear that your lender may start the foreclosure process soon, our Florida foreclosure defense lawyer outlines below how long it may take.

The Pre-Florida Foreclosure Process Timeline

Florida is a judicial foreclosure state, which means that before your lender can foreclose on your home, they must file a lawsuit against you and be successful with it. A lawsuit begins with filing a complaint with the court, and your lender will likely file that complaint within 30 to 90 days after your first missed mortgage payment.

Before the complaint is even filed with the court, your lender will likely send you a default notice 30 days after your missed payment. The default notice will notify you that you have missed a mortgage payment, and give you a chance to get caught up. If you receive a default notice, it is a warning sign that you may be headed towards foreclosure. However, lenders will rarely file a foreclosure lawsuit immediately following the default notice. They will usually wait 60 days after sending the notice before proceeding with the case.

Filing and Serving the Lawsuit

After the bank files a lawsuit and receives a case number, they will then serve you with the lawsuit. In most cases, they have to try multiple times to serve you with the lawsuit and if they still cannot reach you, they will use the service by publication. This part of the process typically takes about 15 days.

Responding to the Complaint

After you have been served with the complaint, you must respond to it by either accepting or denying the allegations the lender made in their complaint. You can also file an affirmative defense. You must file your answer within 20 days of being served with the lawsuit. After the lender has heard your defenses, they will likely file a motion to strike, which they may or may not be successful with.

The Discovery Phase

Any trial will include a discovery phase, and that includes trials involving foreclosures. The discovery phase is an opportunity for both sides to request information from the other. That information can either help one party build their case, or defend against arguments made from the other side.

The discovery process may include a number of steps, such as:

• Interrogatories: These are written questions that are sent to the other side. The answers to these questions are also written and are given under oath.
• Request for production: A request for production is simply asking the other side to produce certain documents. After a request for production, the side being asked for information is required to provide it.
• Request for admissions: A request for admissions is a list of written statements that the other side is required to accept as true, or deny.

The discovery process will usually take between 45 and 90 days. When working with a Florida foreclosure defense lawyer, you may not even be aware that the discovery process is ongoing, but it is an important step.

The Final Hearing

If the lender believes they have a strong case, they may file a motion for a summary judgment. They are much more likely to be successful with this motion if you do not fight the foreclosure and do not attend the hearing. A summary judgment states that there are no facts or issues of the law that would interfere with a judgment being made. The lender must produce the note and mortgage during the hearings and if you raise any defenses, they must refute and defeat them.

If you are successful with your case at the final hearing, the foreclosure case is over and the process stops immediately. However, if the lender is successful with their case, the judge will likely enter a sale date within 35 to 120 days. The final hearing should take place anywhere between 60 and 90 days after the discovery phase.

The Impact of the Pandemic on Foreclosures

The COVID-19 pandemic has wreaked havoc on Florida, the entire country, and the rest of the globe. It has also had a significant impact on the schedules of the court. The courts are currently experiencing a great backlog, and it is estimated that it will take three years to clear that backlog. That being said, while the above timeline is a good guideline of how long a foreclosure may take, it may currently take a bit longer as the courts continue to try and clear their schedules.

The Statute of Limitations on Foreclosures in Florida

Like all civil cases, Florida foreclosure Laws have established a statute of limitations or a time limit in which the lender must file the lawsuit. In Florida, this time limit is five years from the date of default. The statute of limitations usually runs consecutively, but certain actions may toll or extend the time limit. For example, if you file bankruptcy, it will likely toll, or suspend, the statute of limitations.

Call Our Foreclosure Defense Lawyers in Florida Today

If you have missed mortgage payments or have been served with a lawsuit from your lender, our Fort Lauderdale foreclosure defense lawyers can help with your case. At Loan Lawyers, we know that there are defenses available to foreclosure and we will use them effectively to give you the best chance of a favorable outcome in your case. Call us today at (954) 523-4357 or fill out our online form to schedule a free consultation and to learn more about your legal options.