At Yesner & Boss, P.L. we only represent homeowners facing foreclosure. We help our clients to protect their home, family, and credit. We successfully represent clients by assisting them in many aspects to help them to avoid a foreclosure completely, avoid any deficiency judgments after a foreclosure, or to delay a foreclosure sale allowing time to either sell the home or allowing additional time to vacate the home.

There are several alternatives to foreclosure we can assist with. For more information on some of the services Yesner & Boss, P.L. can offer to avoid a foreclosure, please call our office and we'll be happy to schedule an appointment for you.

A mortgage is a form of security to secure repayment of a debt, most commonly a loan to purchase a home. A mortgage in the state of Florida is not a conveyance, but a lien placed on the home. The mortgagor, the borrower, retains title to the home during repayment of the home loan. This concept is known as the lien theory of mortgages as compared to states that use the title theory. Because of this concept, in Florida a mortgagee, a lender, must follow a formal judicial foreclosure process in order to seize the property to secure the loan repayment.

A mortgage is “an interest in land created by a written instrument providing security for the payment of a debt. A mortgage can be defined as either a conveyance of title to property that is given as security for the payment of a debt as it is defined in title theory states, or as a lien against property that is granted to secure a debt and that is extinguished upon payment according to the stipulated terms, as it is defined in lien theory states, such as Florida. The definition and the effect of a mortgage depend on whether the State is a title theory or a lien theory state.

The foreclosure begins after the borrower defaults on the mortgage terms. Most lenders will begin a foreclosure suit between 90 and 120 days after a mortgage payment is past due. The formal foreclosure process usually takes a minimum of 150 days from the time that the lender files the foreclosure suit until the time the home is sold in order to satisfy the debt.

A lender is not required to notify the borrower that they are going to proceed with a foreclosure suit. The lender begins a foreclosure suit simply by filing a lis pendens against the borrower. A lis pendens is a notice of a pending lawsuit. This notification may be served on the borrower in person, by mail, or by publication as provided by statute. Along with filing the lis pendens, the lender files a formal complaint which alleges any breach of the terms of the loan and the remedies that the lender seeks from the lawsuit. The complaint will also be served on the borrower as provided by statute. At this point, the borrower should contact an attorney for assistance and advice regarding the lawsuit.
Upon service of the complaint, Florida Statute provides for 20 days for the borrower, defendant, to reply to the allegations and assert any affirmative defenses. If the borrower fails to respond to the complain within the 20 day period given, the court may make order a default judgment ruling in favor of the lender and order that the foreclosure process proceed and that the home will be sold to satisfy the outstanding debt. If any affirmative defenses are asserted, the lender will have the same 20 day period to respond back to those allegations.

After the complaints have been answered by all parties asserting any allegations, the court will set a hearing to rule on the foreclosure suit.

After the hearing, a final judgment will be entered. If the judge rules in favor of the lender, the judge may order the clerk to set a sale date which will be at least 20 days after the date of the judgment but no longer than 35 days.