If a homeowner fails to make mortgage payments on time, the lender is likely to take foreclosure action. A Miami foreclosure defense attorney can help secure an alternative to foreclosure for debtors who qualify, but in cases where there isn’t another viable option, the foreclosure process will move forward. The final step in this process is eviction, which is often a top concern for our clients. This is primarily due to a lack of knowledge of what being evicted actually entails.
Here are two aspects of eviction a homeowner should know if foreclosure action has been taken on his or her home.
Foreclosure Action Does Not Equal Eviction
The timeline for the foreclosure process in Florida varies for every case, but can generally take anywhere from 6 months to 4 years. Many mistakenly believe that they must vacate the house upon being served a notice of default by the court. However, homeowners are legally allowed and encouraged to stay in their homes throughout the duration of the foreclosure process. In fact, a homeowner can and should use this time to consult with a Miami foreclosure defense attorney to determine if there are defenses to the foreclosure that can allow them to keep the property. If he or she doesn’t wish to keep the property, other options like Florida’s cash for keys program may be worth exploring.
Transfer of Ownership
Once the foreclosure sale is complete and the certificate of title is issued, the occupant will have a legal obligation to move out unless other arrangements have been agreed upon with the new owner. If the previous owner fails to vacate the property, the lender will file a motion for writ of possession. After the writ is issued by the court, the sheriff will post it on the property, giving the current occupant(s) 24 hours to leave.
If you have questions about the foreclosure process in Florida, schedule a free consultation with a Miami foreclosure defense attorney at Graham Legal today. Our skilled team will guide you through every step from start to finish, ensuring an optimal outcome and minimal stress.