Florida foreclosure…it’s not something that any homeowner wants to think about, but with the current state of affairs, more and more families are facing this harsh reality. If you are facing foreclosure, the most important thing to know is that you can appeal foreclosure in Florida. Today on the Weidner Law blog, we’re going to touch on a few things that you should know when it comes to this appeals process.
Florida Foreclosure Appeals: 8 Things That You Should Know
1. Not Everyone Can Appeal Their Foreclosure
Having your home foreclosed on is upsetting and it can make you feel victimized, but this does not necessarily mean that you have grounds to appeal a final foreclosure ruling. There are a number of legitimate reasons for appeal and your foreclosure attorney will help you to determine which of these reasons is right for you.
Some legitimate reasons for foreclosure appeal include:
- If you do not believe that the judgment was entered correctly
- If you believe that the judge made an error in their application of the law
2. Errors That Can Cause a Judgment to Be Overturned
There are quite a few errors or missteps that can take place during the foreclosure process that warrant an appeal, these include:
- Failing to prove a legal standing to file a foreclosure lawsuit against the borrower.
- Being unable to provide the original note because it was “lost” and then later filing the “original document” with the court.
- A failure to prove damages caused by the borrower and provide authenticated evidence of these damages.
- Failing to provide proper business records to the court to prove their case.
- The case was brought by a non-holder in possession – an entity that has the right to enforce the note but does not have direct possession of the note (for example, an entity or individual that bought your mortgage from your lender) – but the non-holder in possession cannot prove their legal standing.
3. Florida is What We Call a “Judicial Foreclosure State”
This means that a bank must file a lawsuit in order to initiate foreclosure as a result of the borrower breaches their mortgage or promissory note in any way – including failing to make their mortgage payments. The bank must win their foreclosure case before they are legally able to take possession of the property in question. This is to your benefit as a borrower because it gives you time to “get your ducks in a row” rather than being surprised by the bank simply taking ownership of your home without notice.
4. If You Are Considering Appealing Foreclosure, Act NOW!
Time really is of the essence when it comes to appealing foreclosure, so if you think that you want to appeal the foreclosure decision, do it NOW! The sooner you act, the more time your foreclosure appeals attorney will have to review your case and make the best case possible for your appeal. You need a strong case to approach an appeal that has been recorded, which also means that in addition to as much time as possible, you also need the best appeals attorney possible.
5. You Appeals Success Depends on A Couple of Things…
With the help of a foreclosure attorney, you can appeal even after the judge has granted the foreclosure. Your chance of a successful appeal relies on a number of factors:
- Having an experienced foreclosure attorney on your side
- Using the correct grounds for appeal based on your individual circumstances (this is why you need an experienced attorney)
- Following the correct procedures for appeal (again, another reason why you need an attorney!)
6. You CAN Appeal Foreclosure Even After Ten Days
A final foreclosure decision is entered on the court docket ten days after the judge rules. Most people believe that this means that you ONLY have ten days to appeal your foreclosure. The truth is that you can actually appeal your foreclosure even after those ten days (up to thirty days, but no later than 30 days after the final decision is recorded.) IF you meet the necessary criteria for an appeal – again, your attorney will help you to determine whether or not your case meets these criteria.
7. You Do Have Alternative Options to An Appeal
In lieu of appealing a foreclosure case, you can also file a motion to vacate the foreclosure judgment. Your foreclosure attorney can help with this process, but you can only file this motion in specific circumstances such as a mistake being made in the hearings process or if new evidence comes to light in the case. A vacated judgment simply means that the decision of the judge in your case is set aside, reversed, or overturned and the case is dismissed.
8. GET AN ATTORNEY
We know, we’ve mentioned it more than a few times throughout this article, but the importance of having a reputable and experienced attorney on your side cannot be overstated. Remember, your home is at risk and you must have knowledgable and trustworthy representation.
Are You Facing Florida Foreclosure and Considering Appealing?
If you live in or around the St. Pete area and are researching the appeals process for Florida foreclosures, Weidner Law can help. Just give us a call today at 727-954-8752 and let’s schedule a meeting to discuss your options.