One question we get a lot in our practice is “If I get foreclosed on, how far out is the sale date?”
I will give you the legal answer first and then I will give you the practical answer.
Under Florida Statute 45.031(1)(a), the foreclosure sale cannot be less than 20 calendar days from the entry of the Final Judgment of Foreclosure and cannot be more than 35 calendar days from the date of the entry of the Final Judgment unless the bank or the bank’s attorney agrees to hold the foreclosure sale further out.
Practically speaking, agreements for extended sale dates are very common. If you do not wish to fight the foreclosure, you can consent to a Final Judgment of Foreclosure in exchange for the bank agreeing to a sale date three or four months out. If you are occupying the property, this gives you the benefit of the additional time to vacate the property. This is a routine practice in foreclosure litigation.
Ryan C. Torrens, Esq.
Consumer litigation attorney