Florida’s Foreclosure Sale Procedure
Of all the blogs I’ve written, this one may be the least sexy ever. What foreclosure defense attorney wants to talk about the procedures that must be followed when a foreclosure sale is conducted? After all, any homeowner in that situation has been foreclosed and is facing a foreclosure sale on his/her property.
That said, any homeowner in this situation should be aware there are procedures which must be followed for a foreclosure sale to take place. For instance, Florida Statute 45.031 requires a Notice of Sale to be published once a week for two consecutive weeks in a newspaper of the county where the property is located, and subsection (2) of the statute requires a list of specific things that must be included in the Notice of Sale.
I realize this isn’t anything that will cause you to dance a jig. However, if you’ve exhausted other remedies and are facing a foreclosure sale, it’s worth reading Fla. Stat. 45.031 to ensure the sale has been conducted properly. If not, then you can object to the sale, and as this Florida appellate court ruled, your objection would be well-taken, preventing that sale from getting confirmed. That won’t change the Final Judgment, but it will force the sale to be rescheduled (and the proper procedure followed).
Mark Stopawww.stayinmyhome.com
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