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.
1 Answer from Attorneys
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.