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.
Division AW has been disolved. All of the pending foreclosure cases (open and reopen cases) have been redistributed to the 12 Circuit Civil Divisions. See Administrative Order 3.302 and for the list of cases and the new assigned division. If your case is in closed status, it will be reopened upon receipt and docketing of any post-judgment motions. The case will be reassigned to one of the twelve Circuit Civil divisions upon reopening. Please contact the Clerk of the Court if the case remains in closed status after the motion has been filed.
|Foreclosure Sales Information from the Palm Beach County Clerk|
|Foreclosure Summary Judgment Checklist|