Legal Question in Real Estate Law in Florida

Proof of Publication regarding Foreclosure auction

Can a foreclosure auction still proceed if auction has only been published in local paper for one week?


Asked on 4/15/08, 2:10 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Proof of Publication regarding Foreclosure auction

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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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Answered on 4/15/08, 7:24 pm


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