1. The average time for litigating a foreclosure through trial in Florida is 600 days, but it can be shortened to as little as 180 days with successful summary judgment motion practice.
2. Florida Statute 702.10, also known as the “fast-track” foreclosure, provides a procedure for a speedy foreclosure for both residential and non-residential properties.
3. The fast-track procedure begins when the plaintiff files a complaint and then immediately requests an Order to Show Cause from the court.
4. The court will review the complaint to ensure it is verified and alleges a cause of action to foreclose, and if satisfied, will promptly issue an Order to Show Cause and set a hearing date.
5. The burden of proof is shifted to the defendant to show why a final judgment should not be entered against them at the hearing, which must be set within 20 to 60 days after serving the order on the defendant.
6. If the defendant fails to file a defense before the hearing or present a defense at the hearing, the court may enter final judgment ordering a foreclosure sale. If a defense is presented, the plaintiff may argue that it is insufficient at the hearing. 1. The court granted final judgment in favor of the plaintiff in a show cause hearing because the defendant’s response was insufficient.
2. A plaintiff can obtain a foreclosure judgment in less than 60 days by using the fast-track procedures provided in Florida Statute 702.10(1).
3. The fast-track option for non-residential property foreclosures, under section 702.10(2), is similar to 702.10(1) but has some differences in the outcome.
4. The non-residential option is designed to protect the rights of the commercial mortgage holder and does not reduce the timeline to final judgment.
5. If the defendant uses a valid defense, the fast-track option may not lead to a speedy foreclosure judgment.
6. The Statute does not address whether junior lienors, such as a 2nd mortgage or an HOA lien, may be foreclosed out by a fast-track final judgment.
7. Only “in rem” relief shall be provided under this procedure, and a separate proceeding is required to secure a deficiency judgment.
https://www.jimersonfirm.com/blog/2012/01/a-speedy-foreclosure-in-florida-proper-utilization-of-statute-702-10/
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