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What happens after a foreclosure sale in Florida

After a Florida foreclosure auction, ownership does not change hands the same day. The clerk files a certificate of sale, there is a 10-day window for objections, and then a certificate of title passes ownership to the buyer. Florida gives no right to buy the home back after the sale. What may still matter to you afterward is how long you can stay, whether the lender seeks a deficiency, and whether there is surplus money with your name on it.

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Reviewed against Florida law and official sources on October 11, 2026. General information, not legal advice.

What happens after the sale in Florida, in order

  1. Certificate of sale

    Filed promptly after the auction

    The clerk files this certificate and serves a copy on each party. It marks the end of your right to redeem: after it is filed, paying off the judgment no longer saves the home.

    Fla. Stat. §§ 45.031(4), 45.0315

  2. Objection period

    10 days after the certificate of sale is filed

    You or another party can file an objection to the sale or to the bid amount with the court. The judge decides whether the objection is valid and tells the clerk whether to issue the certificate of title.

    Fla. Stat. § 45.031(5)

  3. Certificate of title

    After 10 days with no objection

    The sale stands confirmed and title passes to the buyer named in the certificate. From this point you are no longer the owner.

    Fla. Stat. § 45.031(5)-(6)

  4. Writ of possession

    After the certificate of title; 24 hours to leave once served

    The new owner cannot take an occupied home without a writ of possession. The clerk issues it on a court order, the sheriff serves it, and all occupants must be out within 24 hours of service. Arrange your move before this happens so your belongings are not put out.

  5. Deficiency judgment

    Lender must act within 1 year after the certificate of title on a 1 to 4 family home

    If the sale did not cover the judgment, the lender can ask for a deficiency, and the judge decides whether to grant it. For an owner-occupied home it cannot be more than the judgment minus the home's fair market value on the sale date.

    Fla. Stat. §§ 702.06, 95.11(6)(g)

  6. Surplus funds

    Claim before the clerk reports the funds as unclaimed, 1 year after the sale

    If the home sold for more than the judgment and costs, the clerk holds the extra. After timely junior lien claims, it is presumed to belong to the owner of record on the lis pendens date. File an owner's claim with the clerk; you do not need a lawyer or a recovery company.

    Fla. Stat. §§ 45.031, 45.032

The three questions that matter after a sale

Can I get the home back in Florida?

No redemption after sale

There is no right to buy the home back after the sale. Your right to redeem ends when the clerk files the certificate of sale, which happens promptly after the auction, or at the time stated in the judgment if that is later. After that point the statute says there is no right of redemption.

Fla. Stat. § 45.0315

Can the lender come after me for the rest?

Limited

The lender can ask for a deficiency judgment if the sale does not cover the debt, and the judge decides whether to grant one. For an owner-occupied home, the deficiency cannot be more than the judgment amount minus the fair market value of the home on the sale date, so a low auction bid does not raise what you owe. For a 1 to 4 family home, the lender must act within 1 year after the certificate of title is issued (or after it accepts a deed in lieu).

Fla. Stat. §§ 702.06, 95.11(6)(g)

What if the home sold for more than I owed?

If the home sells for more than the judgment and costs, the clerk of court holds the extra money. Junior lienholders who file timely claims are paid first, and the rest is presumed to belong to the owner of record on the date the lender filed its notice of the lawsuit (the lis pendens). You claim it by filing with the clerk, and you do not need a lawyer or a company to do this. File before the clerk reports the money as unclaimed: 1 year after the sale, any surplus still with the clerk is treated as unclaimed and sent to the state's unclaimed property program.

Fla. Stat. §§ 45.031, 45.032, 45.033

Common questions in Florida

Is there a redemption period after a foreclosure sale in Florida?

No. Under section 45.0315 the right to redeem ends when the clerk files the certificate of sale, or at the time stated in the judgment if that is later. The statute says that otherwise there is no right of redemption. The 10 days after the sale are for objections, not for buying the home back.

Can the bank come after me for money after a Florida foreclosure?

It can ask the court for a deficiency judgment, and the judge has discretion to grant or deny it. If you lived in the home, section 702.06 caps the amount at the judgment minus the fair market value on the sale date. For a 1 to 4 family home the lender has 1 year from the day after the certificate of title to bring the claim.

How do I claim surplus funds from a Florida foreclosure sale?

File a claim with the clerk of court in the county where the sale took place, with a proposed order for the judge. Do it before the clerk reports the money as unclaimed, which happens 1 year after the sale, when it is sent to the state's unclaimed property program. The final judgment itself tells you that you do not need a lawyer to claim it.

Someone offered to recover my Florida surplus funds for a fee. Is that legal?

It can be, but section 45.033 limits it. The agreement must be in writing with required disclosures, including that you do not need anyone's help to claim the money, and the total fee cannot be more than 12 percent of the surplus. You can file the claim with the clerk yourself at no charge beyond the clerk's small service fees.

Step by step

More on foreclosure in Florida

Understand the process

What is happening and how much time there is.

Weigh your options

What can stop it, and what happens if it goes ahead.

Get help now

Who to call, and what to do when a sale is scheduled.

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Sources for this page

  1. Florida Statutes chapter 702, Foreclosure of Mortgages and Statutory Liens (2026)
  2. Florida Statutes chapter 45, including §§ 45.031 to 45.035 (judicial sales, redemption, surplus) (2026)
  3. Fla. Stat. § 95.11, Limitations other than for the recovery of real property
  4. Fla. Stat. § 501.1377, Violations involving homeowners during the course of residential foreclosure proceedings
  5. Florida Law Help: Foreclosures
  6. Duval County Clerk of Courts: Foreclosure (defendant information, sales, cancellation, writ of possession)
  7. Eighteenth Judicial Circuit Administrative Order 12-02-B (statewide managed mediation program terminated December 19, 2011)
  8. Florida Department of Economic Opportunity: HAF program accomplishments (December 29, 2022)
  9. U.S. Treasury: Homeowner Assistance Fund (period of performance ended September 30, 2026)
  10. Florida Housing: Florida's Hardest-Hit Fund (all programs closed)
  11. Florida Housing: State Housing Initiatives Partnership (SHIP) program
  12. Florida Attorney General: Mortgage Fraud