Non Judicial Foreclosure Coming to Florida?

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A Helpful Guide to Non-Judicial Foreclosures. If you’re in the timeshare industry, you may have heard the term "non-judicial foreclosure". In this article, we are going to explore the benefits of utilizing the non-judicial foreclosures process for timeshare resorts.

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In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury. The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms.

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In non-judicial foreclosure states, the lender may even choose to initiate foreclosure through the courts even if the mortgage includes a Power of Sale clause. Choosing the judicial option in a non-judicial state is often done if the lender wants to pursue a deficiency judgment or if there are title issues.

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Judicial and non-judicial foreclosures. A lender that wants to foreclose on your home has two foreclosure options: judicial and non-judicial. A judicial foreclosure is processed through the courts; some states require lenders to use this process. A non-judicial foreclosure is handled outside the court system.

Outside of Florida: Under Power of Sale (or Non Judicial Foreclosure): In many areas outside of Florida, foreclosure goes through "power of sale" or "non-judicial foreclosure." In this scenario, parties with an interest in the property must be notified (as well as judicial foreclosure).

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In a mortgage foreclosure action, the court severs, for separate trial, all counterclaims against the foreclosing lender. The foreclosure claim shall, if tried, be tried to the court without a jury. The court order of foreclosure will specify how the foreclosure must take place, and the foreclosure must take place on those terms.

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