Do I have to move out of my home during the foreclosure process in Florida?
You do not have to move out of your home during the foreclosure process in Florida. Florida is a lien theory state, not a title theory state. Therefore, the borrower retains ownership of the property until the foreclosure sale and a certificate of title is issued to someone other than the borrower conveying title to the property.
The borrower should, however, be aware that the time may come when the borrower has to leave the property and make arrangements to do so, particularly if the borrower does not have any defenses to the foreclosure action.
Foreclosure FAQ
- How long does the foreclosure process usually take in Florida?
- What are tax deed sales?
- What do I do after I am served with a summons and foreclosure complaint?
- What happens if I just mail the keys to the bank and walk away?
- What is a deed in lieu of foreclosure?
- What is a deficiency judgment?
- What is a judgment debtor’s examination?
- What is a lis pendens?
- What is a short sale?
- What is foreclosure?
- Why are affirmative defenses to a foreclosure different than just an answer with denials?
- Do I have to move out of my home during the foreclosure process in Florida?
- Does a tax deed sale provide a marketable title?