Florida Real Estate Foreclosure and Adequate Notices
By law a mortgage lender must provide adequate notice of intent to foreclose
on a Florida home or property. A statement alone from the lender that notice was provided to the
home or property owner is simply not good enough as we have seen in many
foreclosure cases being reversed by the Courts.
Florida Foreclosure Notices and Right to Cure
A Florida homeowner has the right to cure a mortgage debt prior to the lender filing
for foreclosure. Not only must adequate notice be provided to the homeowner,
but also an opportunity to cure. A homeowner whose lender has filed for
foreclosure has a right to an affirmative defense for lack of notice of
default from the lender. In short, the lender must be able to provide
documentation to the courts to support that adequate notices were sent to
the home or property owner and that the owner was provided with an
opportunity to cure and to avoid foreclosure.
“There have been many foreclosure appeal cases where the courts have
reversed the final judgments on foreclosure due to an issue of material
fact as to whether or not the lender provided the homeowner with such
adequate notice, hence allowing them the opportunity to cure“
In Florida, there have been numerous cases where judges have reversed the final judgment for foreclosure when attorneys for the defendants in foreclosure proceedings have filed pleadings of lack of notice. It is important to remember that the plaintiff’s affidavits, complaints, motion for summary judgments should establish that proper notice was provided to the homeowner and a lender’s statement alone is not enough to support a final judgment for foreclosure in the lender’s favor and any notices or letters that the lender “claims” were sent to the homeowner, should be included in the record in the case.
If you file a defense and pleading for lack of notice, the lender must respond or risk the chance of the case being reversed.
If you have any questions or concerns about whether proper notice has been provided in a foreclosure case, please contact Lubliner Law Firm, Tampa, Florida who can handle a variety of your real estate legal needs.
Pate v. Aurora Loan Services, LLC,
Frost v. Regions Bank