In response to the increasing number of foreclosures filed in the state of Florida, state legislators have been working toward significantly reducing how long the foreclosure process lasts. This process often took several years to complete, resulting in either a trial or final hearing in front of a circuit court judge who, after hearing all of the evidence, would rule in favor of either the mortgage company or the homeowner. If the mortgage company ultimately prevailed, the circuit court judge would grant a final judgment of foreclosure and set a sale date of the home. The sale date would usually take place within one to two months of the entry of the judgment, at which point, the homeowner would be required to move from the property.
In June 2013, a new foreclosure law was put into effect that considerably changed the foreclosure process. One noteworthy change in the law is that the mortgage company is required to certify in its complaint that they have the original note in their possession or have lost the original note. Overall, the length of time it takes to complete the foreclosure process has been shortened. The new foreclosure law also specifies that any lien holder, such as the homeowner’s association or mortgage company, can request the new expedited process or utilize the former longer process. Under the expedited process, homeowners are given less time to work toward a loan modification or settlement, and have less time to make arrangements to move from the home.
If the lien holder chooses the new expedited process, they can request from the court an order to show cause. If the court finds that all the requirements have been met by the lienholder, including verification of the complaint, and possession and right to enforce the note, it will enter an order to show cause to all defendants in the case. The purposes of the order to show cause are to set a hearing date, require defendants to file defenses prior to the hearing, and provide defendants with a list of certain rights under the new laws. Often times, the court will set the show cause hearing to take place in as little as two months following the initial complaint being filed.
The foreclosure process can be a complex and stressful process for many individuals. If you are behind on your mortgage payments and are worried a foreclosure is imminent, experienced foreclosure attorneys may be of assistance in that they can explain how the foreclosure process works, provide representation in a foreclosure lawsuit and/or discuss other options available to save your home, such as filing a chapter 13 bankruptcy.
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