Chapter 1-2 Initiation of a Foreclosure Action

1-2 Initiation of a Foreclosure Action

Every foreclosure action in Florida is initiated by preparing and filing a complaint with the clerk of court in the county where the mortgaged property is located.¹¹ At the same time, a Notice of Lis Pendens is recorded, providing constructive notice to the public that a legal claim to the property has been asserted. The recording of the Lis Pendens is necessary because it can be discovered by any potential parties who may obtain a subsequent interest in the property and will put them on notice that any interest they obtain will be subject to foreclosure.¹² For a complete discussion of foreclosure complaints and various counts which may be included in a complaint, see Chapter 6: Foreclosure Complaints.

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^[11] Hudlett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998); see also Georgia Cas. Co. v. O'Donnell, 147 So. 267, 268 (1933). If a mortgage encumbers property in two different counties, the foreclosure action may be brought in either county. Fla. Stat. § 702.04 (1995).

^[12] Fla. Stat. § 48.23 (2019); U.S. Bank Nat'l Ass'n. v. Quadomain Condominium Ass'n, Inc., 103 So. 3d 977, 978-79 (Fla. 4th DCA 2012). "One who purchases property subject to a lis pendens 'is bound by the judgment or decree rendered against the party from whom he makes the...