How foreclosure works in Florida

The notices you will receive in Florida, in order

1. Default letter from your servicer

   Mailed by your loan servicer, often after about 3 missed payments

   This letter says you are in default and tells you how much you must pay to catch up. It is not a lawsuit yet. If you think the amount is wrong, dispute it in writing, and call your servicer about your options right away.

2. Summons and Complaint

   Delivered by a sheriff's deputy or process server after the lender files the case, which under federal rules is generally after you are more than 120 days behind

   The complaint is the lender's lawsuit and the summons tells you to respond. You have 20 calendar days from the day you are served to file a written answer with the court and mail a copy to the lender's attorney. If you do not, the court can enter a default and you lose the right to defend the case.

   Fla. Stat. §§ 702.01, 702.015

3. Lis pendens

   Recorded by the lender in the county records when the case is filed

   A lis pendens is a public notice that a lawsuit about the property is pending. It matters to you later: the owner of record on the date the lis pendens was filed is the person presumed to be entitled to any surplus money from the sale.

   Fla. Stat. § 45.032

4. Order to Show Cause (in some cases)

   Served with or after the complaint if the lender asks for the faster procedure

   This order sets a hearing where you must show why a final judgment should not be entered. The hearing cannot be sooner than 20 days after the order is served or 45 days after the complaint was served, whichever is later. If you do not appear or file defenses, the judge can treat that as giving up your right to be heard.

   Fla. Stat. § 702.10(1)

5. Final Judgment of Foreclosure

   Signed by the judge after a hearing or trial; the clerk mails a copy to every party

   The judgment states the total you owe and sets the date and time of the sale. Read it closely: it also carries a notice that there may be extra money after the sale and that you do not need a lawyer to claim it.

   Fla. Stat. § 45.031(1)

6. Notice of Sale

   Published for at least 2 weeks in a row before the sale, on a public notice website or in a newspaper

   This is the public advertisement of the auction. It lists the property, the time and place of the sale, and the clerk running it. The sale itself is set 20 to 35 days after the judgment unless the lender agrees to a later date.

   Fla. Stat. § 45.031(1)-(2)

7. Certificate of Sale, Certificate of Title and Writ of Possession

   After the auction: certificate of sale promptly, certificate of title after 10 days with no objection, writ of possession after that if you are still in the home

   The certificate of sale ends your right to pay off the judgment. The certificate of title passes ownership to the buyer. A writ of possession, issued by the clerk on a court order and served by the sheriff, gives everyone in the home 24 hours to leave.

   Fla. Stat. §§ 45.031(4)-(6), 45.0315

The legal steps in Florida

1. Missed payments and the 120-day wait

   Under federal rules, your servicer generally cannot file a foreclosure case until you are more than 120 days behind. Use this time to call your servicer, apply for help in writing, and talk to a HUD-approved housing counselor. Most mortgages also require a written default letter before the lender can demand the full balance.

   12 C.F.R. § 1024.41(f)

2. The lender files a lawsuit

   The lender files a foreclosure complaint in circuit court and has you served with a summons. For a home loan, the complaint must say the lender holds the original note or explain exactly why it has the right to enforce it.

   Fla. Stat. §§ 702.01, 702.015

3. You have 20 days to respond

   You must file a written response with the court within 20 days of being served. If you do not, the lender can win by default. In your response you admit or deny each paragraph and raise any defenses. You can ask the judge to send the case to mediation.

   Fla. R. Civ. P. 1.140(a)

4. Hearing and final judgment

   The lender asks the judge for a final judgment, usually by summary judgment or at a trial without a jury. The lender can also ask for a faster 'order to show cause' hearing, which cannot be held sooner than 20 days after that order is served or 45 days after the complaint was served, whichever is later. The judgment states what you owe and sets the sale date.

   Fla. Stat. § 702.10

5. Notice of sale and the clerk's sale

   The sale must be set at least 20 days and no more than 35 days after the judgment, unless the lender agrees to a later date. Notice is published for at least 2 weeks before the sale. You can still stop the sale by paying the full amount in the judgment before the clerk files the certificate of sale.

   Fla. Stat. §§ 45.031, 45.0315

6. Certificate of title

   After the sale the clerk files a certificate of sale. If no one objects within 10 days, the clerk files a certificate of title and ownership passes to the buyer. Any objection to the sale must be filed in that 10-day window.

   Fla. Stat. § 45.031(4)-(6)

7. Moving out

   Once the certificate of title is issued, you no longer own the home. If you are still living there, the new owner cannot simply take possession: it needs a court order and a writ of possession from the clerk. The sheriff serves the writ, and everyone must leave within 24 hours of being served. Plan your move before this point, and check with the clerk for any surplus money from the sale.

Common questions in Florida