Florida | Real Estate Law
Legal Question
Proof of Publication regarding Foreclosure auction
Can a foreclosure auction still proceed if auction has only been published in local paper for one week?
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Legal Answer
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Read More Answered By: Scott R. Jay |
Re: Proof of Publication regarding Foreclosure auction NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Absolutely not. This issue is governed by a combination of both Florida law and the Florida Rules of Civil Procedure.
I recently had a case where a very similar issue was in contention. Based on my extensive research, on the day of the sale, I had an emergency hearing and the court ruled that the sale must be published at least twice and the second notice must be at least 5 days prior to the date of the sale. Not only was the sale cancelled for my case but 205 other sales were also removed from the calendar due to an error by the clerk's office.
Scott R. Jay, Esq. |
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