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How to avoidForeclosure

Florida · What this letter means

You got a Florida final judgment of foreclosure: what it means

The final judgment is the judge's order that the clerk sell your home if the amount in it is not paid. It sets the sale date, usually 20 to 35 days later. You can still stop the sale by paying the full judgment amount before the clerk files the certificate of sale.

Reviewed October 12, 2026. General information, not legal, tax or financial advice.

Who sends it
The judge signs it; the court or the lender's attorney sends you a copy
What it starts
A clerk's sale set 20 to 35 days after the judgment, unless the lender agrees to later
Do this first
Find the sale date and the total owed, then call legal aid

What this document is in Florida

After a hearing, a trial or a default, the judge signs a final judgment of foreclosure. Florida's official form (Form 1.996(a)) lists the amounts the lender is owed (principal, interest, title search, taxes, attorney's fees, costs and other items), says the lender holds a lien on your home for that total, and orders the clerk to sell the home at public sale if the total is not paid.

The judgment states the date, the time and the method of sale: at the courthouse, or by electronic sale on a named website. Many Florida counties sell online. Section 45.031(1)(a) says the sale must be not less than 20 days or more than 35 days after the judgment, unless the lender or its attorney agrees to a later date.

What it does and does not mean

  • Your home is not sold yet. You still own it until the sale and the steps after it.
  • Your right to pay off the debt and keep the home ends when the clerk files the certificate of sale, or at a later time if the judgment says so. Fla. Stat. § 45.0315.
  • The judgment must carry a notice in capital letters that there may be extra money after the sale. If the home had a homestead exemption on the latest tax roll, it must also tell you that you can claim that money yourself, that you do not need a lawyer, and to contact the clerk within 10 days after the sale. Fla. Stat. § 45.031(1).
  • The judge keeps the power to enter later orders, including a deficiency judgment. See deficiency judgments in Florida.

The deadlines this judgment starts

  • Sale: on the date in the judgment, 20 to 35 days after it was entered unless the lender agreed to later.
  • Notice of sale: must be published for at least 2 weeks before the sale. See Florida notice of sale.
  • Paying off the judgment: any time before the clerk files the certificate of sale, by paying the amount specified in the judgment.
  • After the sale: 10 days after the certificate of sale is filed to object. See certificate of sale and certificate of title.

What to do this week

  • Put the sale date and time on your calendar and check the case docket on your county clerk's website.
  • Call legal aid through Florida Law Help: Find a Provider, or The Florida Bar Lawyer Referral Service at 800-342-8011, about your options, including asking the judge to move the sale.
  • If you are close to a loan workout, a home sale or a forbearance, ask the lender's attorney in writing to move the sale. Florida's official form for a lender's motion to cancel and reschedule a sale (Form 1.996(c)) lists reasons such as ongoing loss mitigation, a pending sale of the home, a bankruptcy filing or a forbearance agreement.
  • If you want to pay off the judgment, contact the clerk's foreclosure department to confirm the exact amount and how to pay, and ask the lender's attorney for a written payoff.
  • Read what to do when a Florida sale date is set.

Surplus money and scam warnings

If the home sells for more than the judgment and costs, the clerk holds the extra money. You can claim it yourself with the clerk. A company that buys or takes an assignment of your surplus must use a written agreement with required disclosures, and its total pay cannot be more than 12 percent of the surplus (Fla. Stat. § 45.033). Read Florida foreclosure surplus funds before you sign anything.

Common questions

How long after a Florida final judgment is the foreclosure sale?

Section 45.031(1)(a) says the sale must be at least 20 days and no more than 35 days after the judgment, unless the lender or its attorney agrees to a later date. The exact date and time are written in your judgment.

Can I still keep my home after a Florida final judgment?

You can stop the sale by paying the full amount in the judgment before the clerk files the certificate of sale, under section 45.0315. A signed court order moving the sale, a bankruptcy filing or a dismissal by the lender can also stop a scheduled sale. Paying only the missed payments is not a right under the statute, so ask the lender in writing if it will accept that.

Why does my Florida judgment talk about additional money?

Section 45.031 requires every Florida foreclosure judgment to warn that the sale may produce money above what is owed. If your home had a homestead exemption, the judgment also tells you that you can claim it yourself without a lawyer and to check with the clerk within 10 days after the sale.

Other Florida letters

Sources

  1. Fla. Stat. § 45.031, Judicial sales procedure
  2. Fla. Stat. § 45.0315, Right of redemption
  3. Florida Rules of Civil Procedure (October 1, 2026): Forms 1.996(a) Final Judgment of Foreclosure and 1.996(c) Motion to Cancel and Reschedule Foreclosure Sale
  4. Duval County Clerk of Courts: Foreclosure
  5. Florida Law Help: Find a Provider

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