Learn the step-by-step Florida foreclosure process—from pre-foreclosure notices to judicial sale—and discover how our foreclosure attorney can help you avoid losing your home.
Falling behind on mortgage payments in Florida can quickly lead to foreclosure—a court-driven process that could cost you your home. Unlike in non-judicial states, lenders in Florida must file a lawsuit to foreclose, giving homeowners a chance to respond. But without the right strategy, foreclosure can move fast, leaving you with limited options.
This guide breaks down each step of the Florida foreclosure process, from the first missed payment to the final auction. If you’re facing foreclosure, understanding your legal rights, key deadlines, and possible defenses can help you fight back or find a way to avoid losing your home. Acting early is critical—keep reading to learn how you can protect yourself.
What is Foreclosure?
Foreclosure is the legal process a lender uses to take ownership of a home when the borrower stops making mortgage payments. In Florida, foreclosure isn’t automatic—it must go through the courts. The process typically starts when missed payments trigger a lis pendens filing, a public notice that a lawsuit is coming.
Because Florida follows a judicial foreclosure system, lenders must prove their case in court before taking the property. This legal oversight gives homeowners time to fight the foreclosure, negotiate with the lender, or explore alternatives like loan modifications or short sales. Understanding how foreclosure works can help you take the right steps to protect your home and financial future.
Here’s what happens next—and what you can do at each stage to protect your home.
Step 1: Notice of Default
The foreclosure process begins when the borrower falls behind on mortgage payments. Typically, after three or more missed payments, the lender will issue a Notice of Default (NOD). This formal notice informs the borrower that they are in default and that foreclosure proceedings may begin.
At this stage, homeowners still have options to avoid foreclosure, such as negotiating a loan modification, a repayment plan, or a forbearance agreement with the lender. Acting quickly and consulting our foreclosure defense attorney can help explore these alternatives.
Step 2: Filing of Lis Pendens and Lawsuit
If the default is not resolved, the lender will file a Lis Pendens (Latin for “suit pending”) with the Clerk of Court. This document serves as a public notice that the property is involved in a legal dispute and that the lender is initiating a foreclosure lawsuit.
The homeowner will then be served with a Summons and Complaint, which officially notifies them of the lawsuit. The Summons provides details about the case and informs the homeowner that they have 20 days to file an Answer with the court.
Step 3: Filing an Answer
By filing an Answer, the homeowner can present their side of the case at a hearing overseen by a judge. This step may also delay the foreclosure process, though it is not guaranteed.
In the Answer, the homeowner can raise defenses such as:
- Improper loan servicing
- Predatory lending practices
- Errors in the foreclosure documents
- Violations of state or federal laws
If the homeowner does not file an Answer within the 20-day period, the lender can request a default judgment, which speeds up the foreclosure process.
Step 4: Motion for Summary Judgment
After the Answer period, the lender’s attorney will file a Motion for Summary Judgment with the court. This motion asks the judge to rule in the lender’s favor without a full trial, based on the evidence provided.
The homeowner has an additional 20 days to respond to this motion before a hearing is held. If the judge grants the motion, the foreclosure will proceed to the sale phase.
Step 5: Foreclosure Sale
If the homeowner is unable to successfully contest the foreclosure or negotiate an alternative (such as a loan modification or short sale), the judge will set a foreclosure sale date. This date is typically 30 to 45 days after the hearing.
The property is sold at a public auction to the highest bidder. The sale may be postponed at the request of the lender or their attorney.
Step 6: Certificate of Title and Right of Redemption
After the sale, there is a 10-day waiting period (or longer if specified in the judgment) before the Clerk of Court issues a Certificate of Title to the new owner. During this period, the homeowner or any junior lienholder may redeem the property by paying the full amount owed, including costs and fees. This is known as the Right of Redemption.
Step 7: Eviction
If the homeowner does not vacate the property voluntarily after the sale, the new owner can request a Writ of Possession. This allows the Sheriff to evict the previous owner and remove their possessions from the property.
Step 8: Deficiency Judgment
If the foreclosure sale price is less than the outstanding loan balance and associated costs, the lender may pursue a deficiency judgment to recover the remaining debt. For example, if the home sells for 200,000, but the mortgage balance is 250,000, the lender can sue for the $50,000 shortfall.
However, Florida law provides protections:
- Lenders must file within one year of the sale.
- Courts may reduce the amount based on the property’s fair market value.
- Deficiency claims may be waived in short sales or deeds in lieu of foreclosure.
Deficiency judgments can lead to wage garnishment or other collection actions. Consulting a foreclosure defense attorney can help you negotiate or avoid additional liability.
How to Stop or Avoid Foreclosure in Florida
Even if a homeowner is facing foreclosure, there are several legal and financial strategies to prevent losing the home:
- Loan Modification: Homeowners may negotiate with the lender to change the terms of their mortgage, reducing payments or extending the loan period.
- Forbearance Agreement: The lender may temporarily suspend or reduce mortgage payments if the borrower is experiencing financial hardship.
- Reinstatement: Paying off the overdue amount (plus fees) before the court’s final judgment can stop foreclosure proceedings.
- Short Sale: Selling the property for less than the mortgage balance with the lender’s approval can help avoid foreclosure.
- Deed in Lieu of Foreclosure: Homeowners can voluntarily transfer ownership to the lender to settle the mortgage debt.
- Bankruptcy Filing: Chapter 13 bankruptcy allows homeowners to reorganize their debts and catch up on missed payments under a court-approved plan.
Each of these options has legal and financial consequences, so it is highly recommended that homeowners consult a foreclosure defense attorney to determine the best course of action for their situation.
How Our Florida Foreclosure Attorney Can Help
Foreclosure moves fast in Florida, but our Florida foreclosure defense attorney can help you fight back. Whether you need to challenge lender errors in foreclosure, negotiate a Florida loan modification, or delay proceedings, having legal representation can make all the difference. An attorney can also explore alternatives like short sales in Florida or deeds in lieu of foreclosure, helping you avoid severe financial consequences.
Every foreclosure case is unique, and early action is crucial. Many foreclosure law firms in Florida offer free foreclosure consultations, allowing you to understand your legal options before it’s too late. If you’re facing foreclosure in Florida, don’t wait—contact a Florida foreclosure attorney today and take control of your financial future.
