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Non-judicial Foreclosure: May also be referred to as "statutory" or "power of sale" foreclosure. This type of foreclosure does not go through the court system and is allowed if a mortgage or deed of trust contains a power of sale clause. It is usually faster and cheaper than judicial foreclosure.
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In Florida, foreclosures are judicial, which means the lender (the plaintiff) must file a lawsuit in state court. (To learn more about the difference between judicial and nonjudicial foreclosure, and the procedures for each, see Will Your Foreclosure Take Place In or Out of Court?
In a judicial foreclosure, the lender sues the defaulting borrower in state court in order to auction the property to recoup unpaid debts.In non-judicial foreclosures, the lender auctions the property without having to go to court.Rules regarding which type of foreclosures are allowed vary depending upon the state, with about half of the 50 states using a judicial foreclosure system.
The process varies from state to state, but generally takes one of two paths: judicial foreclosure or nonjudicial foreclosure. In a judicial foreclosure state, the lender has to file a lawsuit in court in order to foreclose. In a nonjudicial foreclosure state, the lender can foreclose without going through the court system.
Florida is a judicial foreclosure state, meaning the lender files a foreclosure. In these non-judicial foreclosure states, it is the borrower who brings a court action to. Even if a payment comes due during that default period, the.
The increases in Florida and Illinois pushed foreclosure rates in those states to the two highest in the country — supplanting the non-judicial states of Arizona. pattern will likely be repeated.
Firefox, Google Chrome and Microsoft Edge browsers will NOT work.. THE FORECLOSURE COURT FILES are kept in the office of the Clerk of Circuit Court, County Judicial Center, 312 North west 3rd street, Okeechobee, Florida 34972 .
TIMESHARE TRUSTEE provides non-judicial foreclosure services to the timeshare industry throughout the state of Florida. The non-judicial process can be used to foreclose Association assessment liens and to foreclose mortgages held by anyone (any developer, any lender).
Please note that the Foreclosure Department does not accept ex-parte e-mails or. will no longer be accepted via e-filing by the Levy County Clerk of Court.. the foreclosure case manager will advise the moving party of an expedited date.
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