If the defendant loses at trial, then a final judgment will be entered and a sale date will be placed on the property. The sale date is set about sixty to 120 days after the entry of the final judgment. The lender must make certain public notices, and the sale occurs at the courthouse in the form of an auction. If you are working with the plaintiff to process certain loss mitigation alternatives, such as a loan modification, short sale, or voluntary surrender, you may file a motion to cancel the sale and have the motion to cancel the foreclosure sale heard in front of the judge. If the foreclosure sale is continued then you may continue processing your loss mitigation options.
After the sale takes place, the sale terms are confirmed by the court, and the clerk of court may issue the certificate of title to the new buyer ten days after the certificate of sale. The defendant may serve an objection to the amount of the bid within ten days after the clerk files the certificate of sale. Fla. Stat. §45.031(8). If a timely objection to the bid is served upon the plaintiff and the third party purchaser, the objections shall be heard by the court. Fla. Stat. §45.031(8). Until the clerk of the court issues the certificate of title, your client still has the right to redeem the property if you can pay off the mortgage in full.
