my mother has a property that has been place for sale and has been in foreclosure for about a year. on august of this year a final judment of foreclosure has been set and her property was sold today and the plaintiff has bought the property again. no bid has been giving after he bid. my mother is very sad that the plaintiff at the time that she was doing a modification continue with final sale. she wants to file a motion to object the sale and stay in the property until she can renegotiate with the mortgage lender . can someone give us a good advise she has no money to hire an attorney and seek proffesional counseling.. we know she has 10 days to file a motion.. please help us with a good advise how she can proceed. Thank you!!
Here are some Quick Facts about Foreclosure in Florida:
Judicial Foreclosure Available: Yes
Non-Judicial Foreclosure Available: No
Primary Security Instruments: Mortgage
Timeline: Typically 180 days
Right of Redemption: Yes
Deficiency Judgments Allowed: Yes
In 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)
The lender may sue to obtain a deficiency judgment in Florida.
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Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States.
I am very sorry to hear about this. Unfortunately, homeowners have to defend the foreclosure at the same time they try to work out a modification with the bank. If your mother is really interested in seeking legal counsel, she needs to speak with an attorney directly to see if there are grounds for a motion. The best time to hire an attorney is at the beginning of the action, when you are first served the complaint, so that the lawyer can file an answer asserting every defense available, and negotiate with the plaintiff. There are many foreclosure defense attorneys in the area that offer free consultations and charge affordable rates.
Best of luck to your mother.