Facing a foreclosure after a financial setback, like a job loss or illness, can be devastating. Fortunately, homeowners usually have sufficient time to recover financially and get caught up on the loan or pursue a foreclosure alternative, like a loan modification. That's because, in most cases, federal law requires your loan servicer to wait until the loan is more than 120 days delinquent before starting a foreclosure.
Even after a foreclosure starts, you’ll have some time to get back on your feet financially before the foreclosure sale happens. Florida foreclosure laws require specific steps and procedures before your home is sold to a new owner. Also, foreclosure takes a long time in some states, including Florida.
Here's how the Florida foreclosure process works.
What Are My Rights During Foreclosure in Florida?
While going through a foreclosure, you get specific rights under federal and state law. You'll likely get the right to apply for a foreclosure alternative (a "loss mitigation" option) and, in most cases, you'll also get certain rights under the home loan contract you signed, like the right to get a breach letter.
When Will a Foreclosure in Florida Start?
During the Great Recession, the federal government recognized that too many homeowners were losing homes because they didn’t have adequate time to seek alternative options. In response, the federal government passed a new law, the Dodd-Frank Act, that ensured struggling homeowners would have a chance to get back on their feet before losing their houses.
Under federal law, in most cases, the servicer must postpone starting a foreclosure until the loan is more than 120 days delinquent. (12 C.F.R. § 1024.41 (2025).) This preforeclosure period gives a homeowner sufficient time to apply for loss mitigation (a way to avoid foreclosure) or reinstate the loan (see below).
Loss Mitigation Options for Florida Homeowners
In most cases, the loan servicer must contact you (or attempt to contact you) by phone to discuss loss mitigation options no later than 36 days after a missed payment and again within 36 days after each following missed payment. No more than 45 days after a missed payment, the servicer must let you know in writing about loss mitigation options that could be available and assign personnel to help you. (12 C.F.R. § 1024.39 (2025).)
However, your servicer might not have to comply with the law under certain circumstances, such as if you file bankruptcy or tell the servicer not to contact you under the Fair Debt Collection Practices Act. (12 C.F.R. § 1024.39 (2025).)
After the 120-day preforeclosure period expires, assuming a loss mitigation application isn't pending, the servicer can initiate a foreclosure under state law. (12 C.F.R. § 1024.41 (2025).)
How Does the Foreclosure Process in Florida Work?
To start a foreclosure in Florida, the foreclosing bank files a lawsuit (a “complaint”) and serves it to you. You’ll get 20 days to respond by filing a response with the court. If you don’t file an answer, the bank will win by default and get a foreclosure judgment from the court, allowing it to proceed with the foreclosure sale.
If you file a response that raises defenses to the foreclosure, the bank might file a motion for summary judgment. In this kind of motion, the bank asks the court to rule in the bank’s favor without holding a trial or any further legal proceedings.
If the court denies the bank’s motion because you've raised some potentially legitimate defenses, the case will proceed and likely go to trial. The trial outcome will determine whether the bank can sell the home in a foreclosure sale. If the bank wins the case, the court enters a judgment in favor of the bank and orders the home sold at a foreclosure sale.
Notice of a Foreclosure Sale in Florida
The lender must publish a notice of the foreclosure sale on a publicly accessible website for at least two weeks before the sale or publish the notice in a newspaper once a week for two consecutive weeks, with the second publication at least five days before the sale. (Fla. Stat. § 45.031 (2025).)
How Do Florida Foreclosure Sales Work?
At the foreclosure sale, the foreclosing bank will bid on the property, typically with a credit bid, which means the bank does not bid cash. Instead, it bids your debt as a credit. Sometimes, a bank bids the total amount the borrower owes, or sometimes, it bids less. In some states, including Florida, when the bank is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment (see below) against the borrower.
Usually, the bank will be the high bidder at the sale and become the new property owner. At this point, the property becomes what’s known as "REO" (Real Estate Owned).
Are Deficiency Judgments Allowed in Florida?
Under Florida law, a foreclosing bank can ask a court for a deficiency judgment:
- as part of the foreclosure lawsuit or
- in a separate lawsuit unless the court previously denied the bank a deficiency judgment in the foreclosure action. (Fla. Stat. § 702.06 (2025).)
Statute of Limitations for Deficiency Judgments in Florida
If a bank doesn’t get a deficiency judgment as part of the foreclosure, it gets one year to file a separate suit for a deficiency judgment if the property is a one-family to four-family dwelling unit. (Fla. Stat. § 95.11 (2025).)
The clock starts to run on the day after the court clerk issues a certificate of title to the buyer who bought the home at the foreclosure sale. Generally, if there aren’t any objections to the sale, the clerk issues the certificate of title ten days after the certificate of sale.
How Much Will the Deficiency Judgment Be?
In Florida, while the court has some flexibility when setting the deficiency amount, for owner-occupied, residential properties, a deficiency judgment can't be more than the difference between:
- the foreclosure judgment amount, which is the total mortgage debt, and
- the fair market value as of the sale date. (Fla. Stat. § 702.06 (2025).)
Reinstating Your Mortgage in Florida
Some states have a law that gives a borrower in foreclosure the right to reinstate the loan by paying all missed payments, fees, and costs in one large payment. Reinstating the loan stops the foreclosure.
While Florida doesn’t have a state law providing a right of reinstatement, most mortgage contracts allow for it—often until the court enters a judgment. Review your mortgage contract to verify how much time you can reinstate, if any. Also, the bank might agree to allow a reinstatement. Call your loan servicer to find out how to reinstate your loan.
After you reinstate, you resume making your regular monthly payments.
Does Florida Have a Redemption Period for Foreclosure?
A Florida homeowner in foreclosure can arrange to keep a home by “redeeming” it—in other words, paying off the entire loan, not just the overdue amounts. Not only will you need to pay the balance, but you’ll also be responsible for any other costs, such as interest, late fees, and attorneys’ fees. Most homeowners don’t have the resources to redeem a property.
Still, in case you want to consider this option, be aware that under Florida law, you can redeem the home any time before the later of:
- the filing of the certificate of sale (the court clerk files the certificate shortly after the foreclosure sale), or
- until the redemption period stated in the judgment of foreclosure expires. (Fla. Stat. § 45.0315 (2025).)
When Do You Have to Move Out in a Florida Foreclosure?
Usually, the bank gets a right to possession in the foreclosure judgment and, after the clerk files the certificate of title, which confirms the sale, will file a motion for a writ of possession. When the court grants the motion, the clerk of court issues the writ, and the sheriff executes it.
If you (the former homeowner) don't move out, the sheriff will force you to leave.
Read More Articles
- Foreclosure can happen quickly. But if you take advantage of your legal rights, you might be able to slow the process down.
- Learn whether you should hire a lawyer to help you in the foreclosure process.
Getting Help
While this article provides an overview of a typical Florida foreclosure, remember that federal and state foreclosure laws are complicated and timelines vary. If you want to learn more about the process or find out if you have any defenses to a foreclosure, talk to a foreclosure lawyer.
A HUD-approved housing counselor is a good resource if you need help applying for a loss mitigation option or more information about foreclosure alternatives.
If you can't reinstate your mortgage, redeem your home, or qualify for a loss mitigation program, you might be able to catch up on your missed payments by filing for Chapter 13 bankruptcy. To explore this option, contact a local bankruptcy attorney.