Foreclosure Sale Objections

Bidding at a Florida foreclosure sale can be incredibly motivating. Getting the winning bid at a Florida foreclosure auction is exhilirating. 

But a time will come when that winning feeling is deflated by the call from a Clerk, or the letter in the mail, with the words "Objection to Sale". What do you do then? Is it all over? 

Foreclosure sale objections can happen before or after the foreclosure sale auction. An objection can be filed by anyone: the borrower, the lender, the tenant, an occupant, a third party...

Are all objections valid? Hardly. Objections must be filed during the ten-day objection period to be considered by the Court. Objections also need to have a legal basis. Saying "pretty please do not let this sale happen because I will be homeless" is not a valid basis. An objection that challenges the price because its "not market price" will also be invalid.

Does the fact that an objection is invalid mean that everything will automatically be taken care of? No. Objections must be "heard." This means that they require being set for hearing. 

Will the Court set the hearing? No. One of the parties in the case must coordinate the hearing with the other parties, set, and notice it properly with the court.

Will the Lenders defend my position at a foreclosure sale objection hearing? No. The lender's attorney has one job only: to defend and protect the lender (not the third party bidders). 

Will I be able to defend myself at a foreclosure sale objection hearing? It depends. If you are making your auctions through a corporation or LLC you must have an attorney. Its considered impermissible and unlawful practice of law to try to appear on behalf of your corporation or LLC in court. That means, you will not be able to make legal defenses (written or oral) or any other kind of request for your business unless you're a Florida licensed attorney. 

Should I defend myself when there is a Florida foreclosure objection and I did not buy it as a corporation or LLC?  If you won the bid as an individual (a human being), you can respond on your behalf. You must know the legal defenses available, the case law, the constitutional law, and procedural law to have a decent shot at things going your way. Its always better to have an experienced real estate attorney defend your rights as a third party bidder.

If you've received the dreaded call or email from the Clerk of Court letting you know that an objection was filed in the foreclosure sale, or you received a copy of the Objection in the mail, its important to contact a florida real estate foreclosure bidder attorney as soon as possible. You can contact me at Natalia@lcolawfl.com or call 813-480-2106.