Wellington, FL asked in Foreclosure for Florida

Q: Can I sell my home before foreclosure?

A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.

There is no sale date as of yet.

I'm trying to sell my house before anything happens.

My questions are:

- About how long will it take for the attorney to set a sale date?

- If I sell my home before the sale and have a closing date scheduled before the sale, will it stop the foreclosure?

- Same question if I have a closing date before the sale but the closing date itself is scheduled after the foreclosure?

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2 Lawyer Answers
James Clifton
James Clifton
  • Foreclosure Defense Lawyer
  • Fayetteville, GA
  • Licensed in Florida

A: You can absolutely sell your house prior to foreclosure. The foreclosure process in Florida is a judicial foreclosure and takes a while to accomplish, sometimes 18 months or more. However, it can happen much quicker if you do not file an answer in the case. If you sell the house before the foreclosure is completed, the bank dismisses the foreclosure case. If you have a closing date after the sale date, the bank's attorney will often work with you to accommodate your sale instead of going forward with the foreclosure auction. Hiring an attorney to assist you would be worthwhile to make sure you can cash in on the equity in your home through a standard sale. Some law firms, like mine, will defer payment from you for defending against the foreclosure and collect the attorney fees from the proceeds of the sale after it is complete. This helps homeowners who may not be able to pay for an attorney upfront. Schedule a free consultation to make sure you are protected.

Barbara Billiot Stage agrees with this answer

A: I absolutely agree you should hire an experienced foreclosure defense attorney who can also facilitate the sale and you have been provided an excellent answer by Mr. Clifton. No one should buy, sell or rent real estate without a lawyer and it can be especially challenging with a foreclosure pending. Since you are in pre-foreclosure there may still be time if you act quickly enough for any attorney you hire to negotiate holding off on filing the foreclosure.

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