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Foreclosure

"Foreclosure" means different things to different people. In this article it refers to the process in Florida that terminates with a mortgage foreclosure auction that permanently cuts off the homeowner's stake in a home.

Mortgage Financing

Many Floridians finance their home with a loan. The loan is actually built out of a Note and a Mortgage, two separate but connected instruments.

The Note is your promise to pay the lender back according to the terms of the loan. The Mortgage is your agreement to use the property as collateral backing your promise.

Default

Default most often happens when you can't keep up with the loan payments. As little as 30 days after a payment is overdue the loan may be declared in default. Most loans contain an acceleration clause that allows a demand for the entire loan balance on default. At the point of default you may only have a short time to cure it by making up the past due balance and any fees that accrued to avoid the loan going out to a law firm and a foreclosure lawsuit initiated.

Time is of the Essence

If you are notified of default or have received a summons it is vital that you consult with an attorney as soon as possible. This office offers a free 45 minute consultation with the attorney to discuss foreclosure and foreclosure alternatives as well as bankruptcy