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I have been trying to get an answer to this question since Friday and would appreciate a response.

I have discussed this situation with you before regarding the property we have in Florida. I have been trying to get a modification from the mortgage provider but thay have declined to allow this and have said they intend to proceed with the forclosure. If they do proceed with the forclosure what happens next do they or their lawyers send me any corrrespondance advising that we owe the mortgage and they intend to forclose on the property. I know at the moment it appears that forclosure orders in Florida are taking up to 6 months, but I guess what I am after is how long do I have to be able to remove my property from the premises before the locks are changed and the house locked up. Regards XXXXX XXXXX
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Answered in 5 minutes by:
9/18/2011
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,230
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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Hi Chris, I am happy to assist you today.

Yes, you will have somewhere in the ballpark of 6 months from the date that they begin foreclosure. It's always hard to tell how long it will take, but you will know when it's time to leave.

Here is what happens. First you get a Notice of Acceleration. This tells you that your full loan amount is now due and they are starting foreclosure. After that you will get a Notice of Sale which tells you the date of the foreclosure auction. That is when you will know for sure that the foreclosure sale is taking place soon.

Even after the auction, there is about a week before the closing, as which time the new owner will take title. You can still remain on the property.

Once the new owner has title, you can still stay there and they can't just come change the locks. They would actually have to do an eviction proceeding to get you out. So you would get notice of that and get to go to court and ask the judge for more time if you need it. I have seen former owners be granted 2 more months beyond the foreclosure sale because of their circumstances.

So you will be notified of everything along the way and know when you need to be out.

Take care,
Kimberly
KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4,230
Experience: 13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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KimberlyLaw
KimberlyLaw
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Satisfied Customers: 4,230
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