Non Judicial Foreclosure Coming to Florida?

TIMESHARE TRUSTEE provides non-judicial foreclosure services to the timeshare industry throughout the state of Florida. The non-judicial process can be used to foreclose association assessment liens and to foreclose mortgages held by anyone (any developer, any lender).

Those states, where a court order is required for foreclosure, include Florida, Illinois, Ohio. Of the 24 so-called non-judicial foreclosure states, 20 reported a decrease in the third quarter.

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The Florida Bankers Association, the 400-member-strong lenders’ lobby, has presented state legislators with a bill to upend decades of Florida law and establish "non-judicial" foreclosures in Florida by July 1. What’s a non-judicial foreclosure? Banks would accelerate foreclosures against defaulting homeowners by bypassing the courts.

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Other high-level findings from the report: Foreclosure activity in 2012 increased from 2011 in 25 states — 20 of which primarily use the longer judicial foreclosure process — including New Jersey.

If a lender proceeds with a foreclosure on your home, it may be able to choose between a judicial foreclosure and a non-judicial foreclosure. Essentially, a judicial foreclosure means that the lender goes to court to get a judgment to foreclose on your home, while a non-judicial foreclosure means that the lender does not need to go to court.

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Non-judicial foreclosure OIs are exempt from existing case delivery parameters. The only time Advisory needs to review notices of sale is when the notice meets the criteria in (1) above. For a notice of sale where an investigation is needed, determine the redemption period applicable under local law, which then determines the time available for.

A judicial foreclosure requires the lender to first file and win a lawsuit for the right to foreclose. As such, the judicial foreclosure process lasts much longer than a non-judicial foreclosure.

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Outside of Florida: Under Power of Sale (or Non Judicial Foreclosure): In many areas outside of Florida, foreclosure goes through "power of sale" or "non-judicial foreclosure." In this scenario, parties with an interest in the property must be notified (as well as judicial foreclosure).

Since Florida is leading the nation in foreclosed properties, second only to California, it was no surprise for Historic City News reporters to learn that yesterday’s House Civil Justice Subcommittee heard a presentation that suggested cutting the courts out of the foreclosure process. In August alone, 226 homes were added to the 1,768 foreclosed homes.