Even if you have already been through a foreclosure and have had your home scheduled for a judicial sale, there are still some things you can do to protect your home. There are specific requirements under Florida Statutes that must be met before one of these sales can take place. These defenses, while they may not permanently get you the keys to your home, can at least prevent the sale from immediately taking place.
Under Florida Statute Section 45.031, a judicial sale of a foreclosed home must follow specific guidelines. First, the statute requires notice of the sale to be published once a week for two weeks in a local newspaper in the county where the home is located. The statute continues on to require a list of certain things that must be included in the notice of sale, such as a description of the property to be sold, the time and place of sale and the name of the clerk making the sale. While this is not an avenue to retain your home, Florida Statute 45.031 will ensure that at least the sale is performed properly.
If you are in danger of or are currently facing foreclosure, be sure to consult with a St. Johns County Foreclosure Defense Attorney soon.