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Tenants require at least 90-days' notice for eviction. If the tenant does not vacate the property within 90 days, or the previous homeowner does not vacate the property after the foreclosure sale is confirmed, the purchaser can file a motion for writ of possession with the court.
You can potentially file for bankruptcy or file a lawsuit against the foreclosing party (the "bank") to possibly stop the foreclosure entirely or at least delay it. If you have a bit more time on your hands, you can apply for a loan modification or another workout option.
Even after the bank has filed a foreclosure lawsuit against you, you have a right of redemption which allows you to cure the mortgage by catching up the missed payments and any fees assessed by the bank. By exercising your right of redemption, you can stop the foreclosure before it happens.
You'll get a copy of the foreclosure judgment from the court by mail. In most cases, the judgment will state that your right to redeem ends when the clerk files the certificate of sale. You won't get an opportunity to get your house back after this time.
Put your name, address, phone number, loan number, and date on the top of the letter. List the name and address of your lender. information about any money you have saved for a workout agreement. Tell the lender you are working with a foreclosure counselor and include their name and agency.
A motion to dismiss can stop a foreclosure lawsuit altogether, if the plaintiff did in fact fail to meet its lawful responsibilities in bringing the lawsuit. Generally, the motion to dismiss must be heard by the court at a designated hearing date and time.
Ways to Stop Foreclosure in Florida Declare Bankruptcy. Yes, bankruptcy is a way through which foreclosure can be stopped. ... Applying for Loan Modification. ... Reinstating Your Loan. ... Plan for Repayment. ... Refinancing. ... Sell Out Your Home. ... Short Sale. ... Deed In Lieu of Foreclosure.