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How long can I live in my home during the foreclosure process?

Orlando, FL |

Our foreclosure process has started, but we haven't heard yet if or for how long we can stay in the house. Is there a usual amount of time people are allowed to stay?

Attorney Answers 4


  1. As a homeowner going through foreclosure, you are able to stay in your home all the way to the end of the foreclosure... the sale date.

    The lender has to get a default judgment, then a summary judgment, then a sale date. This has generally been taking well over a year. And this is presuming you do nothing to fight the foreclosure.


  2. You are the owner of the property and you have the right to live in your house until the foreclosure process is final and the property has been sold at public auction at the courthouse. This process can take as little as 90 days. However, since the real estate market tanked in 2007, the average foreclosure takes between 2 and 3 years. If you have been served with a summons and complaint in your foreclosure, you will be well served to consult with a lawyer in your area who is experienced in foreclosure defense.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.


  3. There are several factors that determine how long you can stay in your home while going through the foreclosure process, depending on how much you defend against the foreclosure.

    Orange County is one of the tougher counties to defend against foreclosure and the rulings are contrary to well-established case law and the amendments to the Rules of Civil Procedure established by the Florida Supreme Court in February 2010. On top of that, changes to funding of the courts has pressured judges to expedite foreclosure cases and get them closed, which is an inherent conflict of interest. Until clients can afford costly appeals, justice and due process are in jeopardy. But that's my personal opinion.

    I strongly suggest you consult with a foreclosure defense attorney who can perform a forensic audit on your case and give you a personal assessment of your options.

    There is a new program in Chapter 13 Bankruptcy that provides owners of homestead property the opportunity to mediate a mortgage modification.

    This communication is not intended to create an attorney/client relationship. It is always recommended you consult an attorney in person to discuss your case. The Law Offices of Stage & Associates practices state-wide and represents homeowners and community associations. Please visit our website at www.stagelaw.com.


  4. It is impossible to predict how long the process will take. Sometimes people are suprised at how quickly it goes, sometimes they are suprised at how long it takes. I had someone come to me a couple of weeks ago where they are facing a sale next month of a case that was filed in November 2011. There is no way to predict with any accuracy what will happen. One thing is certain - unless you have a knowledgable attorney defending the case for you, it will take less time than it would otherwise.

    However, you would do well to retain counsel to assist you. Someone who really understands this world might be able to improve the situation for you, or perhaps negotiate a cash for keys agreement with the mortgage company.

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.

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