Receiving notice of an upcoming sheriff’s sale on your home can induce a feeling of instability. Once a lender obtains a foreclosure judgment, the time starts counting toward an auction date faster than you may expect. A Boca Raton sheriff’s sales lawyer could review your finances to determine whether you still have options before that date arrives.
At Werner, Hoffman, Greig & Garcia, we know a scheduled sale does not automatically mean you will lose your home. Filing for bankruptcy may pause the sale and present opportunities for solutions, such as reinstating your mortgage or restructuring your debt. Speak with a home foreclosure defense attorney as soon as you receive notice so you have more time to act.
The term “sheriff’s sale” is still common in the state, but the clerk of the circuit court conducts the sale rather than the sheriff’s office. Under Florida Statutes § 45.031, once a court enters a final judgment of foreclosure, the clerk must schedule the sale between 20 and 35 days later. In the county, the Clerk of the Circuit Court and Comptroller typically conducts these sales online through their auction platform.
If someone scheduled a sheriff’s sale on your property in Boca Raton, a lawyer could review the timeline and explain your options before it goes to auction. Once the clerk issues a certificate of sale, your window to act will narrow, so you need to reach out to us as soon as you receive notice.
Filing a Chapter 7 or Chapter 13 bankruptcy petition generally triggers an automatic stay, which pauses many pending collection efforts while your case moves forward. In Boca Raton, this pause often affects a clerk’s sale already scheduled, and your attorney could promptly notify the court so it can address the sale before the scheduled date. Once you file your case, our team typically takes these steps:
Chapter 13 may let you catch up on missed mortgage payments over three to five years while keeping your home, while Chapter 7 may only delay a sale temporarily. Review your timeline with our firm before assuming any option is no longer available or that it is inevitable that you will lose your home.
Florida law provides one of the strongest homestead protections in the country. Article X, § 4 of the Florida Constitution generally exempts your primary residence from forced sale to satisfy most unsecured debts, and in a Chapter 7 case, this often allows you to keep your home along with most of your household items.
This protection does not negate your mortgage obligation, as a lender holding a purchase-money mortgage falls outside the exemption. If other creditors are also pursuing a forced sale of your home in Boca Raton, our sheriff’s sales attorneys could explain how the exemption may shield your equity while a bankruptcy plan addresses the mortgage arrears separately.
A pending sale does not have to be the last decision you make on your home. With the right strategy, you may delay the process, catch up on payments, or resolve the debts that are driving the sale. At Werner, Hoffman, Greig & Garcia, our qualified bankruptcy team has years of experience guiding families in Florida through Chapter 7 and Chapter 13 cases, and we work to protect what matters most to you.
If you are searching for a Boca Raton sheriff’s sales lawyer, do not wait until the auction date to plan your strategy. Reach out to our office today to schedule your free consultation, and our team may explain the options available to protect your property.
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