Can a lender foreclose on a property with a mortgage lien?
Yes, a lender can foreclose on a property with a mortgage lien in Florida. Foreclosure law allows a lender to take steps to reclaim a property if a borrower fails to make their home loan payments and the borrower is in default on their loan. In Florida, the lender must first file a legal document called a lis pendens, which is a public notice of foreclosure. This document puts the public on notice that the lender is going to take action to reclaim the property. Once the lis pendens is filed, the lender can then file a complaint with the local court claiming that the borrower is in default on their loan and is in danger of losing their home. The lender must follow state and local laws to proceed with the foreclosure process. Once the court issues a foreclosure judgment, the lender can then take possession of the property as collateral for the loan. As a result, the lender can legally foreclose on a property with a mortgage lien in Florida.
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