Legal Question in Real Estate Law in Florida

Rights of mortgage holder after final judgement in foreclosure hearing

Property has now been foreclosed. As owner, what rights if any do I have prior to Public Auction in Oct. Can defaulters remain on property and can I have access to the house? Also, who actually owns the property at this point. Taxes were not paid by defaulters.


Asked on 9/06/01, 10:43 am

1 Answer from Attorneys

Randall Reder Randall O. Reder, P.A.

Re: Rights of mortgage holder after final judgement in foreclosure hearing

In Florida, there is a foreclosure sale at which the

the mortgagee can along with anyone else bid for

the property. The mortgagor has ten days after

the sale in which to file an objection. If none

is filed, the clerk of court should issue a

certificate of title to the highest bidder, who

then has all the rights of any owner subject to

any and all other claims that were not extinguished

by the foreclosure proceeding. Hence, to answer your

questions, one would need to review the mortgage

and all the papers concerning the foreclosure

proceeding. I suggest you make an appointment

with a real estate lawyer in your area.

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Answered on 10/26/01, 9:12 am


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