Sunday, December 10, 2023

Mortgage Foreclosure

Mortgage Foreclosure

House with foreclosure sign outside

Foreclosure is the enforcement of a mortgage lien by judicial sale of the property. A mortgage lien is created when there is a loan contract for money borrowed under a note. This loan is secured by the mortgage lien upon real property. When the debt is not paid according to the loan contract terms, or when other contract terms are violated, the lender can pursue its lien on the property.

To enforce its mortgage lien, the lender must first file a foreclosure suit, prove its case, and obtain a final judgment. After entry of the foreclosure judgment, the note is cancelled and the lender is entitled to have the property sold and the proceeds applied to the foreclosure judgment. Upon issuance of the certificate of title, the purchaser acquires the right of possession which is enforceable by writ of possession.

Motions to Cancel Sale Hearings

Upcoming sales cancellation motions must be noticed and heard before the assigned division judge.

Parties should consult with their assigned judge's webpage for specific instructions as to their procedures.

For more information please see: Administrative Memorandum 18-A: Termination of Foreclosure Cancellation Calendar.

Contact Information

Dade County Courthouse

73 West Flagler Street, Miami Florida 33130.
Hours of Operation 8:00 AM – 5:00 PM
Monday through Friday, excluding Holidays

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