Mortgage Foreclosure in Miami, Palm Beach, and Broward Counties Florida
Foreclosure in Florida is generally through a judicial process in which a lawsuit is filed in the Circuit Court in which the mortgage holder attempts to prove to the Court that you have defaulted on your mortgage obligations and requests that the Court set a public sale of the mortgaged real estate.
You still own your house until after the foreclosure sale is held at the end of the foreclosure lawsuit. After the foreclosure sale, the Court will issue a certificate of sale and certificate of title. Upon issuance of the certificate of title, the purchaser at the foreclosure sale is the owner of the real property and is entitled to possession.
It should be noted though, that in order to try to save your home in a Chapter 13 bankruptcy, the bankruptcy must generally be filed before the foreclosure sale.