Florida Foreclosure Process
Florida rules of procedure require the foreclosing plaintiff to move the case along and allows a period for exchange of documents, requests for certain information, all designed to allow each side to prove their respective positions. This is known as discovery. Afterward, the case may be set for final conclusion by the court using a summary process that can lead to entry of a judgment authorizing the sale of the home. Alternatively, the case may get set for trial.
At each stage of this process technicalities of procedure, court protocols and the pressure to close cases all work against a homeowner who fails to get proper legal advice and representation. Homeowners who are unrepresented almost always lose the home. While those who obtain counsel at least have a fighting chance to win the case. Although no guarantee can be given regarding the outcome of any specific case, our firm has won numerous cases for clients facing foreclosure. Sometimes a win can be a resolution favorable to the client to which the bank agrees.
It is important to know that once a foreclosure case reaches final judgment and the property is sold, except under rare circumstances there is very little that can be done on behalf of a homeowner that has lost. Our firm handles post-judgment motions and appeals, but it is extremely important to know that the time to fight the foreclosure is before the property gets set for sale.