This document outlines the foreclosure process from beginning to end. It starts with filing a complaint, then proceeds through serving parties, filing responses, requesting a motion for summary judgment, obtaining a final judgment, scheduling a foreclosure sale, conducting the sale, and transferring title. The new owner can take possession by getting a writ of possession, and may need to go through eviction if the property remains occupied. Tenants have certain protections and notice rights throughout the process as well.

2. Financials
Complaint/Lis
Pendens
Contract
MSJ
Negotiations
FJ
Closing
FC SALE
Short Sale
Foreclosure
F
I
N
I
S
H

3. Complaint/
Lis Pendens
Motion
For
Summary
Judgment
Final
Judgment
Foreclosure
Sale
Auction
REO/Bank
Owned

4.  Begins when complaint is filed.
 Complaint set’s forth the plaintiff’s claim and serves as
notice that a foreclosure has been filed and any
subsequent interest is subject to the foreclosure action.
 Must include mortgagor/owner of the property as well
as any other party with an interest in the property.
(tenants, spouses, etc)
 Must include junior lien holders
 Each party must be served.

5.  Once served, defendants must file a response within
20 days, otherwise the clerk will enter a default, and
the plaintiff will move for summary judgment.
 If defendant files pleading within the 20 days, the
plaintiff will usually respond and eventually request
motion for summary judgment as long as there is no
issue of material fact.
 In majority of cases, motion for summary judgment
will be entered based on proofs through affidavits,
and only in rare instances trial on merits will be
necessary.

6.  After Final Judgment, clerk’s sale is scheduled
usually 30-45 days out, judge may put out
further.
 Prior to the sale, a notice of sale must be
published for 2 consecutive weeks in a
newspaper of general circulation in the
county in which the property is located.

7.  Conducted by the clerk.
 Opening Bid: Based on the full amount of
judgment owed to lender and fees incurred.
 If no one bids above that amount, the foreclosing
lender will take possession of the property. (REO)
 Sale is complete when the Clerk announces the
identity of the successful bidder and issues a
Certificate of Sale.(usually happens the same day
as the sale)

8.  10 day period after the sale in which
objections can be filed (F.S. 45)
 If no objections filed, clerk will issue
certificate of title.

9.  If property is still occupied after CT, a Writ of
Possession is issued by clerk and hand
delivered to occupant.
 The new owner takes possession of the
property by asking clerk for a Writ of
Possession.
 If property is occupied by someone not on
the writ, eviction proceedings begin.

10.  Protects tenants in Foreclosed properties;
 Tenants must receive 90 days notice prior to
eviction,
 Only apply to bona fide tenants with arm’s
length lease, in writing and fair market value.
 Tenants must be allowed to stay in the
property through their lease unless:
1. New owner wants to occupy property as their primary
residence;
2. Month to Month tenancy

11.  All properties sold “As Is”.
 Bidders responsible for conducting their own
research.
 Surviving Liens: Associations, Tax, Child
Support, Judgments.
 Missed Defendants

12.  No disclosures, warranties or representations
 No termination, must allow lender to repair;
 Difficult to Finance;
 Contract before certificate of title is issued;
 Missed defendant
 Delay in cleaning up title issues
 Deed restrictions