Florida is a state that allows for judicial foreclosure. Cases must be heard in court. In order for a lender to initiate foreclosure proceedings, a case must be filed and tried in a county court. The court will issue a judgment after the trial if the borrower fails to pay the debt.
Foreclosure proceedings are similar to those of other states. The process usually begins with one party filing a complaint asking the court to approve the sale of the property. If the debtor objects, then a hearing will be held to decide whether or not to grant approval. The court will only allow for the sale of the property if it is not worth more than what is owed. If the value is more than the debt, then the owner has no right to stop the sale.
The complaint also includes information about who is filing the lawsuit and where the property is located. This document is called a summons. The defendant will receive this document when the lawsuit is filed. It is important that defendants file their answers to the complaint within 20 days of receiving it. This is called answering the complaint. Failure to do so may result in a default being entered against them.
Defaults are when a defendant does not answer or appear at all hearings during the course of the foreclosure process. If there is no response from the defendant, then the court will likely enter a default judgment against them.
The Florida Supreme Legal, district courts of appeal, circuit courts, and county courts comprise the state's court system. The Florida Constitution provides that the Supreme Court has the "final appellate jurisdiction in all cases involving a question of law or determining property rights." The Legislature may assign any case not within the exclusive jurisdiction of the Supreme Court to another trial court.
District courts are the first level of appeal for most civil cases and administrative proceedings. District judges can rule on their own cases, but they can also be assigned by the chief judge of the judicial circuit. Most civil cases can be filed in district court without paying filing fees. If you are not satisfied with the decision of the district court, you can file an appeal with the next highest court in the state system - the 1st District Court of Appeal in Tallahassee. The Florida Constitution requires that appeals be brought to an appellate court with a final judgment; therefore, if there is no judgment at the conclusion of the case, the appellant will have won and there can be no appeal.
The circuit courts are the second level of appeal for most civil cases and administrative proceedings. Circuit judges can rule on their own cases, but they can also be assigned by the chief judge of their judicial circuit.
Courts in Florida The Florida judicial system consists of the Supreme Court, five appellate district courts, 20 circuit courts, and 67 county courts. Each level of the Florida court system has a particular role in ensuring that all Floridians get justice. If you are trying to decide what court will best serve your needs, it may help to understand how each court works.
The Florida Supreme Court is the state's highest court and reviews cases on appeal from lower courts. The court is made up of six justices who are appointed by the governor for ten-year terms. No one can be a judge on the supreme court while still working at a legal firm or corporation. The court decides important issues regarding Florida law as well as civil rights cases. Its decisions are binding on all lower courts.
Each district court of appeal reviews cases brought before it by applying the rules of evidence that are used in civil trials. The judges on these courts are elected by voters in their districts. They write opinions when they rule on cases and those opinions are then published in the Florida Reporter journal. Each district court of appeal has a different territory that covers all or part of Florida. For example, the First District covers Miami-Dade and Monroe counties, the Second District includes Broward and Palm Beach counties, and the Fourth District includes Duval County.
There are two types of courts in Florida: trial courts and appellate courts.
The Florida judiciary is made up of the state supreme court, district courts of appeal, circuit courts, and county courts. Appellate judges are appointed on the basis of merit, and trial judges are elected in nonpartisan elections. The process for selecting judges is outlined in the Florida Constitution.
Judges are normally retired after a life tenure, but some may be removed from office through impeachment for misconduct or denial of justice. Judges can also be removed by the governor for "mental incapacity" or "physical disability." In these cases, another judge is appointed to serve out the remainder of the judge's term.
Florida has two types of courts: appellate courts and trial courts. Trial judges are responsible for hearing civil and criminal cases that have been filed in their jurisdictions. They can also issue orders called "writs" when they believe there is no other adequate remedy available. Appellate judges review decisions made by trial judges. They can also write opinions setting forth how they believe the case should have been decided.
Each judicial department is led by a chief judge who is selected by the governor with the advice and consent of the Senate. There are three levels of judges within each court: a chief judge, who is usually elected by his or her peers; vice chiefs; and judges.
Florida's Supreme Court The Court is the last arbitrator of Florida law, and its rulings have binding authority for all other Florida state courts, as well as federal courts, when applying Florida law. On most occasions, the sole appeal from the Florida Supreme Court is to the United States Supreme Court on issues of federal law.
Florida law does not compel a lender to choose between proceeding against real and personal property. The lender may file a single action against both real and personal property collateral used to secure the loan. However, if the borrower has only one of each type of property, the lender will need to file separate actions against each type of property.