Objecting to Foreclosure Sales

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Even if your home has unfortunately just been sold at a foreclosure auction, all hope is not necessarily lost. So long as you act very quickly after the date of the foreclosure auction, you may still have time to file an objection to the foreclosure sale. If you are able to timely file an objection to the foreclosure sale, the Court will thereafter hold a hearing on the objection to determine whether the foreclosure auction should not have proceeded as scheduled, or whether it did not proceed properly even if it should have otherwise proceeded as scheduled. If the Court sustains the objection (that is, grants the objection), the prior foreclosure auction would be reversed. The foreclosure auction then would either have to be rescheduled or, potentially, not rescheduled at all, depending on the basis of the objection and the extent of the Court’s ruling.

The timing for filing an objection to a foreclosure sale is governed by Section 45.031(5) of the Florida Statutes. That section of the Florida Statutes provides that an objection to a foreclosure sale must be filed within ten (10) days after the Clerk of the Court issues the Certificate of Sale in the underlying foreclosure lawsuit. The Certificate of Sale is the document issued by the Clerk of the Court stating the date on which the foreclosure auction occurred, the monetary amount of the highest bid received at the foreclosure auction, and the name of the person or entity who submitted the highest bid at the foreclosure auction. The Certificate of Sale, however, does not actually transfer title (that is, ownership) to the property to the winning bidder at the foreclosure auction. The document that transfers title/ownership to the property is the Certificate of Title.

Only the Clerk of the Court can issue a Certificate of Title. Section 45.031(5) of the Florida Statutes, however, prohibits the Clerk of the Court from issuing a Certificate of Title if the homeowner timely files an objection to the foreclosure sale. If the homeowner timely files an objection to the foreclosure sale, then the Court (that is, the presiding judge) must hold a hearing on the objection to determine whether the foreclosure sale proceeded properly. Only if the Court determines that the foreclosure sale proceeded properly and therefore overrules the objection (that is, denies the objection), would the Court then order the Clerk of the Court to proceed with issuing the Certificate of Title. Unless and until a Certificate of Title has been issued in the underlying foreclosure lawsuit, the original homeowner still remains the lawful owner of the property and does not have to vacate (that is, move out of) the property.

If your home has unfortunately just been sold at a foreclosure auction but the ten-day period by law to file a timely objection to the foreclosure sale has not yet passed, you should immediately consult with an experienced foreclosure defense attorney to determine whether you may have a valid basis to file a timely objection to the foreclosure sale.

If you have questions about objecting to a foreclosure sale and whether or not you may have a valid basis to file an objection to the foreclosure sale, we welcome the opportunity to meet with you to discuss your particular situation. For more information about foreclosure defense, please visit our website here.

Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems. We have saved over 1,800 homes from foreclosure, eliminated $100,000,000 in mortgage principal and consumer debt, and have collected millions of dollars on behalf of our clients due to bank, loan servicer, and debt collector violations, negligence and fraud. Contact us for a free consultation to see how we may be able to help you.