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Florida Value of Real Property Or Mortgage Foreclosure Claim

State:
Florida
Control #:
FL-SKU-4182
Format:
PDF
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Description

Value of Real Property Or Mortgage Foreclosure Claim

Florida Value of Real Property or Mortgage Foreclosure Claim is a type of legal action brought by a lender against a borrower to recover the unpaid balance of a loan that was used to purchase real estate. The claim includes the foreclosure of the mortgage, as well as any additional costs associated with the foreclosure process. This claim is used when the borrower has failed to make payments on the loan or otherwise defaulted on the loan agreement. There are two types of Florida Value of Real Property or Mortgage Foreclosure Claim: judicial foreclosure and non-judicial foreclosure. In judicial foreclosure, the lender must file a lawsuit in court and obtain a court order to foreclose on the property. In non-judicial foreclosure, the lender can foreclose on the property without going to court. In either case, the lender must provide the borrower with a notice of the foreclosure before the process can begin. The Florida Value of Real Property or Mortgage Foreclosure Claim is an important tool for lenders to recoup losses from delinquent borrowers and protect their investments.

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FAQ

The Length of the Florida Foreclosure Process Timeline can vary. Generally, it lasts between 8 to 14 months. On the other hand, if you hire a Foreclosure Defense Attorney, it can take longer.

In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located.

Florida is known as a judicial foreclosure state. This means the mortgage company is required to get approval from the court before they can proceed with a foreclosure process. Florida courts can deny the loan servicer the right to foreclose if they don't meet certain criteria.

Submit your claim: You must submit your claim to the court and to the trustee. The trustee and the court will then examine your claim and determine if you are owed surplus funds. If you do not claim the funds within two to three months, the funds will be kept by the court.

Essentially, a judicial foreclosure means that the lender goes to court to get a judgment to foreclose on your home, while a non-judicial foreclosure means that the lender does not need to go to court.

Florida is a judicial foreclosure state. Therefore, a bank or HOA seeking to foreclose a home must receive approval from a judge. The case must be filed in the circuit court where the property is located. Under Florida foreclosure law, all mortgage foreclosure cases are to be conducted in a court of equity.

Florida is a judicial foreclosure state. Therefore, a bank or HOA seeking to foreclose a home must receive approval from a judge.

More info

The form below has been designed to assist with the calculation requirements of s. 28.241. For Real Property cases (not a foreclosure), complete first section only.The form below has been designed to assist with the calculation requirements of F.S. 28.241(1)(a)2.a.,. Instant access to fillable Microsoft Word or PDF forms. Minimize the risk of using outdated forms and eliminate rejected fillings. The following provisions apply to motions for a writ of possession arising from the mortgage foreclosure of residential real property. Value Of Real Property Or Mortgage Foreclosure Claim. For purposes of the deficiency liability, the foreclosed property "value" is the fair market value on the date of the foreclosure sale auction. Justia - Value Of Real Property Or Mortgage Foreclosure Claim - Florida - General - Seminole - Local County - Free Legal Forms - Justia Forms. The total loan balance will conceptually be equal to the amount on the final closing statement and the amount of debt forgiven.

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Florida Value of Real Property Or Mortgage Foreclosure Claim