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Complaint or Petition by Purchaser Against Possessor of Real Property...

Palm Beach Florida Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

Name: Palm Beach Florida Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust
Brand: US Legal Forms
Rating: 4.83 (286 reviews)

Category:

Real Estate - Foreclosures

State:

Multi-State

County:

Palm Beach

Control #:

US-01014BG

Format:

Instant download

Description

Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

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FAQ

It has long been the law in Florida that any surplus remaining after a foreclosure sale should be paid to the junior lienholders in accordance with the priority of their liens on the property and that only after the liens have been satisfied may any surplus be disbursed to the owner of the equity of redemption.

Florida residents have a 10-day redemption period to buy back a property after a foreclosure sale is complete. It is fundamental to understand that the purpose behind Florida's statutory redemption period is to guarantee that foreclosed properties are sold at a fair price.

In Florida, the redemption period after the foreclosure sale is a brief 10 days. With the help of an experienced foreclosure attorney, those choosing to pursue a pre-foreclosure redemption can take advantage of this window of opportunity and potentially reclaim the house.

The Statute of Limitations on Florida Foreclosures Just like all other debt, the statute of limitations on a Florida foreclosure is five years. This means that once that time period runs out, the lender can no longer file a lawsuit against the borrower or homeowner.

You have to contact the court and file a motion to have these funds you are owed released from the clerk. This could mean that more and more people who are owed these Florida Foreclosure Surplus Funds will slip through the cracks and the State of Florida will keep more of your money.

Legally, you must continue to pay rent to your landlord during the foreclosure process. If the landlord did not pay the mortgage and you want to move out, you can send a letter to the landlord explaining that you are terminating your rental agreement in 7 days because she did not pay the mortgage.

Lenders should be aware of a new Florida law, which requires lenders to provide existing tenants with at least thirty days to vacate the property after the foreclosure sale.

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. If you are a in Foreclosure, contact the Law Office of Brian P.

Surplus funds, also referred to as overage or excess funds, are the funds remaining after a mortgage is paid through the final judgment of a foreclosure auction. The trustee appointed in the foreclosure auction is responsible for disbursing the funds without charging additional fees.

After the Foreclosure Sale In Florida, the lender, which is usually the high bidder at the foreclosure sale, will typically get a right to possession in the foreclosure judgment. After the clerk files the certificate of title, the lender can then file a motion for a writ of possession.

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Palm Beach Florida Complaint or Petition by Purchaser Against Possessor of Real Property After a Foreclosure Sale Pursuant to a Deed of Trust

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How to fill out Palm Beach Florida Complaint Or Petition By Purchaser Against Possessor Of Real Property After A Foreclosure Sale Pursuant To A Deed Of Trust?

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What happens to excess proceeds from a foreclosure sale in Florida?

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Do I still have to pay rent if the house is in foreclosure in Florida?

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What happens after foreclosure sale date in Florida?

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