Florida is a judicial foreclosure state, which means a bank or homeowners’ association must receive court approval before foreclosing on a home located in Florida. The bank or HOA must file a petition for foreclosure in the circuit court where the property is located and serve the homeowner with a copy of the foreclosure petition. While the foreclosure case is proceeding in the court system, the homeowner will have a right to raise legal defenses to the foreclosure. If the foreclosure sale of your home has already been scheduled, you should contact a foreclosure defense attorney in Tampa right away for advice on how to cancel a foreclosure sale in Florida. There may be legal defenses to the foreclosure and options to modify your loan, which will allow you to keep the home and stop the sale.
How to Cancel a Foreclosure Sale in Florida With a Motion to Cancel
If the foreclosure sale has already been scheduled it is important to seek assistance from a Tampa foreclosure defense lawyer right away. To stop a foreclosure sale there must be an order from the Judge cancelling the sale; otherwise, the sale will move forward as planned. Under Florida foreclosure law, the homeowner must prove one or more adequate equitable factors exist in order to successfully obtain an order that cancels a judicial foreclosure sale. See Florida foreclosure case Chase v. Arsali. A foreclosure defense attorney in Tampa should be able to point out which equitable factors may be helpful if you need to know how to cancel a foreclosure sale in Florida.
How to Cancel a Foreclosure Sale in Florida That Has Already Occurred
If you did not hire an attorney for assistance with how to cancel a foreclosure sale in Florida, you may be able to void a sale that already occurred. When foreclosing on a home, the lender must follow the strict procedures proscribed under Florida foreclosure law. See FL Statute 45.031. If the lender did not follow the proper procedures in preparing for and noticing of the sale there may be legal grounds to have the sale vacated/ cancelled. However, even if the bank fully complied with the requisite procedures the sale may still be overturned if there was a material irregularity in the sale process. See UM Publishing v. Home News Publishing. Regardless, it is still recommended to try and cancel the sale before it occurs. If you wait until after the sale occurs, you may lose options you would have otherwise had to keep the home.
How to Cancel a Foreclosure Sale in Florida With Bankruptcy
One of the most common solutions for people seeking how to cancel a foreclosure sale in Florida is to file bankruptcy. Immediately after a homeowner files for bankruptcy an automatic stay will go into effect. See 11 USC 362. The stay requires all collection activity against you to stop immediately, including a scheduled foreclosure sale. Creditors and collection agencies will not be able to contact you, garnish your wages, or repossess your property while the automatic stay is in effect. Additionally, in Chapter 13 you can force the bank to modify your mortgage. If your mortgage is modified you wont have to worry about how to cancel a foreclosure sale in Florida any longer.
Foreclosure Defense Law Firm in Tampa
If you are at the risk of losing your home to foreclosure contact us to speak with a foreclosure defense attorney for information on how to cancel a foreclosure sale in Florida. Homeowners have many options when it comes to fighting foreclosure, and we want to make sure our clients choose the best strategic plan for their family. Whether you want to keep your home and prevent foreclosure, or walk away from your home without being responsible for any of the debt, Florida Law Advisers, P.A. can help. Our initial consultation is free and we offer flexible payment options to all of our clients. To speak with a foreclosure defense lawyer in Tampa call us today at 800 990 7763.