In Florida, a lender can only foreclose on real property by conducting a judicial foreclosure. A judicial foreclosure is a foreclosure processed through the court system, which begins when the lender files a complaint and records a Lis Pendens in the county's public record. In any foreclosure process, there are certain notice requirements that must be followed before a foreclosure sale can be set or conducted. In Florida, the homeowner is generally noticed of a foreclosure when they are served with a summons and complaint of the pending foreclosure. If a homeowner is never served with a summons or complaint, a foreclosure sale date or actual sale may be set aside if it can be proved you were never served or improperly served with a summons and complaint. Additionally, in Florida, the foreclosure sale also must be noticed. The notice must be published consecutively for a minimum of 3 weeks. The last publication cannot be less than 5 days before the scheduled sale date. The homeowner has an absolute right to redeem the property at any time prior to the sale, but there is not right to redeem the property after the sale has been conducted. The homeowner can redeem the property by paying the full amount that is due and owing to the lender. If your foreclosure sale date has passed in Duval County, Clay County or St. Johns County Florida and you were never served with a foreclosure complaint or summons, contact a Florida Foreclosure Defense Lawyer or a Jacksonville Foreclosure Defense Lawyer today for a free case review.
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