Non Judicial Foreclosure Coming to Florida?

For the first time in nearly two years, Florida took a top ranking nationally for foreclosure activity, coming in second only to Illinois. “Foreclosure activity in most non-judicial states stayed.

A judicial foreclosure requires the lender to first file and win a lawsuit for the right to foreclose. As such, the judicial foreclosure process lasts much longer than a non-judicial foreclosure.

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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.

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Either way, you might expect to see courtrooms around Florida particularly well attended this month. a TV station caught a couple of judges in decidedly non-judicial activities during work hours:.

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Judicial v. Non-Judicial Foreclosure States. You may have heard the term judicial sale or judicial foreclosure sale and wondered what the difference is between a judicial sale and non-judicial sale state and whether or not a foreclosure sale can happen without a judge’s approval.

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If you fail to cure the default as set forth in this notice or take other appropriate action with regard to this foreclosure matter, you risk losing ownership of your timeshare interest through the trustee foreclosure procedure established in section 721.855, Florida Statutes. You may choose to sign and send to the trustee the enclosed.

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In Florida, lenders may foreclose on a mortgage in default by using the judicial foreclosure process. This is commenced by filing a lawsuit in the Circuit Court in the county where the property being foreclosed is located. Again, this is a judicial process – there is not a non-judicial foreclosure process in the State of Florida.

The group wants Florida to join the other 37 states with non-judicial foreclosure proceedings, which the bankers say would ease the crisis of backlogged cases the state faces – by some estimates approaching 800,000 this year. In 2009, the state’s foreclosure rate climbed higher with nearly 400,000 filings.