What is the aspproximate timeline in florida for final foreclosure after you respond to 20 days summons? I need my sale date to be after July 14th. Is that possible since I was just served the 20 days summons.?
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Complaint and Lis Pendens are filed with the local court.
Lis Pendens must be served to all concerned by personally serving them or if that is not possible by publishing the Notice of Action in a legal newspaper with general circulation of the county (if the party resides outside of Florida this may be done by mail).
Defendants must respond with in reasonable time from the date of the 1st publication (individuals and business must respond within 20 days, Florida 40 days and USA 60 days).
Motion for entry of judgment is filed after all respond times for defendants have expired.
No less then 20-days notice must be allowed for all involved before the hearing.
Typically the Final Judgment will be scheduled 4-5 weeks after the motion for judgment if filed but could be as long as 8-10 weeks away.
Judgment will include the sale date 20 to 35 or 45 to 90 days after the entry of the judgment.
Notice of Sale is released by the clerk and is published in a legal newspaper with the general circulation of the county (second publication must be no less the 5 days prior to the sale).
Sale is conducted by the clerk.
Clerk will issue a Certificate of Title to the winning bidder.
There is a 10-day period following the sale to file objection to the sale (an objection will prevent the issuing of the certificate until the court overrules the objection).
Deed-in-lieu is allowed.
Eviction:
Upon receiving the Certificate of Title the winning bidder may request a Writ of Possession which is posted on the property by the sheriff and requires the occupants to leave the property within 24 hours.
Writ of Restitution must will be issued 48 hours after the entry of the order.
Sheriff posts the writ on the property requiring the occupants to move out with in 24 hours after which they may be forcefully removed.
Info found here http://www.foreclosurepoint.com/reso...rticle=florida -
Originally posted by shelly66 View Post
Shelly, you have lots of time. The normal timelines really have been pushed out considerably here in Fl. I was served my summons last Aug 2008, filed in Sept and I am still in my house. I check fairly regularly to see if the final judgement has been awarded yet and it has not. My attorney says I have 30 to 45 days to move after the sale date so I am keeping tabs as I would like to be out of here on or about the sale date. BTW, I stopped paying May 2008. So hope this helps you on your estimate of timing. Go to the county clerks office website to track your case online.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..Comment
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does everyone have 30-45 days after the sale date to move out, or only FL? I am in Nevada wondering if I can stay longer than when they tell me theyre going to foreclose.
waiting to file in july-august,
waiting for Chase to begin foreclosure,
waiting for cc's to begin lawsuits,
just waiting (& "afraid")...Comment
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