Recession Still Seen in Florida Foreclosure, Eviction Processes
The stock market has hit record highs, home prices are rising and unemployment rates are declining. Still, lenders and landlords are finding it necessary to take possession of property when buyers or tenants can’t pay the bill.
Florida foreclosure rates led the nation in 2012, with more than a 50% jump from the year before. In 2012, one out of every 32 houses in Florida was undergoing foreclosure. So far, the 2013 numbers are keeping pace.
The Florida Foreclosure Process
Foreclosures must go through the court system as a type of lawsuit, since Florida is a “lien theory” state, where property is used as the collateral for a mortgage. That means that, in the Jacksonville area, lenders must file a notice of foreclosure – known as a lis pendens – with the Duval County Clerk of Courts. They are then required to notify the homeowner of the action by service of process.
To avoid unnecessary delays, since many foreclosures in Florida can take up to two years or more, lenders have turned to professional process servers, such as Accurate Serve of Jacksonville, an Accredited Florida Process Server.
Once served, the property owner has 20 days under state law to respond to the notice by challenging the action or filing bankruptcy. Some may get permission to “short sell,” or sell the property for less than they owe.
If the notice goes unchallenged, the procedure is simplified. The courts can take 180 to 200 days to complete the process by issuing a default judgment in favor of the lien holder.
The Florida Eviction Process
With Florida unemployment still hovering above seven percent, landlords are often faced with the unpleasant task of evicting once-dependable tenants for non-payment of rent. They may also need to remove tenants who are violating other lease stipulations.
Regardless of the cause, evictions must go through a process that is standard throughout the state, though different cities may have different rules regarding landlord/tenant rights.
In general, the state provides for a three-day and a seven-day eviction notice, depending on the type of lease infraction.
• Three-Day Evictions – These evictions are used in cases of non-payment of rent.
• Seven-Day Evictions – Such evictions are for other violations such as unauthorized pets or criminal activity.
NSimilar to the foreclosure process, landlords must file a complaint with the clerk of the court’s office and then arrange for the tenant to be served a summons or notification that action is being taken against them.
This is a process in which Accurate Serve of Jacksonville specializes. Its efficiency and professionalism can help avoid unnecessary delays that might arise if the service is left to the schedules of harried deputies.
If the tenant can’t be found, a notice of service is posted on the property and the clerk of the court will send additional notification by certified mail. The defendant has five days to answer and contest the action in court. If the landlord is successful, a default judgment is awarded and the tenant is given 24 hours to vacate or face physical removal by deputies.
