- Who sends it
- The lender's attorney publishes it on a public notice website or in a newspaper
- What it starts
- The final countdown to the clerk's auction set in your judgment
- Do this first
- Check the sale date against your judgment and the clerk's docket
What this document is in Florida
In Florida the sale is run by the clerk of the circuit court, not a trustee or a sheriff. Before the sale, notice must be published in one of two ways under section 45.031(2): on a publicly accessible notice website for at least 2 weeks in a row before the sale, or in a newspaper of general circulation once a week for 2 weeks in a row, with the second printing at least 5 days before the sale.
The notice describes the property and gives the time and place of the sale. In counties that sell online, the place is a website named in your final judgment.
What it does and does not mean
- It is not a new decision. The sale was already ordered in your final judgment of foreclosure, and the notice tells the public about it.
- It does not mean you must move now. Even after the sale, ownership does not pass until the certificate of title, and an occupied home needs a writ of possession.
- Sales are canceled only for specific reasons. The Duval County Clerk lists them: a signed court order received before the sale, a timely filed suggestion of bankruptcy or date-stamped petition, an order setting aside the judgment, a notice of voluntary dismissal, or redemption by paying the judgment. Other clerks may handle this differently, so ask yours.
The deadlines that still matter
- The sale date in the judgment, usually 20 to 35 days after the judgment.
- Your right to pay the full judgment and keep the home lasts until the clerk files the certificate of sale, or a later time stated in the judgment. Fla. Stat. § 45.0315. The clerk files that certificate promptly after the auction, so treat the sale itself as your deadline.
- Federal rules: if your servicer received a complete loss mitigation application more than 37 days before the sale, it generally cannot move for an order of sale or hold the sale while it reviews you. Count from when the servicer received it.
Use the deadline calculator and read what to do when a Florida sale date is set.
What to do today
- Confirm the date, time and place on your county clerk's website or by calling the clerk's foreclosure department.
- Call legal aid through Florida Law Help: Find a Provider about a motion to move or cancel the sale. The clerk acts only on a written order signed by the judge, so a motion that has not been ruled on does not stop the auction.
- Ask the lender's attorney in writing to agree to a later sale if a workout, a sale of the home or reinstatement money is close.
- If you will pay off the judgment, get the exact figure from the clerk and the lender's attorney in writing first.
- Ask the clerk how to check for surplus money after the sale, and read Florida foreclosure surplus funds.
Scam warnings tied to this notice
- Published notices bring calls from people offering to stop the sale or buy your home. Under Fla. Stat. § 501.1377, a foreclosure-rescue consultant cannot take any fee until every promised service is done, and someone buying a home in foreclosure must use a written agreement and give you until 5 p.m. on the 3rd business day to cancel.
- Never sign over your deed or surplus rights in a hurry. Report pressure to the Florida Attorney General at 1-866-9-NO-SCAM.
The rest of the Florida process
See how foreclosure works in Florida, the timeline, ways to stop it and free help in Florida, or read the national guide to this letter.
Common questions
How much notice is required before a Florida foreclosure sale?
Section 45.031(2) requires publication on a public notice website for at least 2 consecutive weeks before the sale, or in a newspaper once a week for 2 consecutive weeks with the second printing at least 5 days before the sale.
Who runs the Florida foreclosure auction?
The clerk of the circuit court in your county. Many clerks hold the sale online. Your final judgment states the method, the time and, for online sales, the website.
Will the sale be canceled if I file a motion?
Not by itself. The clerk needs a written order signed by the judge before the sale. File early and ask the judge's office about a hearing, and work on other options at the same time.
Other Florida letters
- Summons and Complaint to Foreclose MortgageIn Florida a lender cannot sell your home without a court case, and the summons is how that case reaches you. You have 20 calendar days after you are served to file a written response with the clerk. A phone call to the lender does not count as a response.
- Order to Show Cause for Entry of Final Judgment of ForeclosureAn order to show cause under Fla. Stat. § 702.10 sets a hearing where you must show why the judge should not enter a final judgment of foreclosure. If you do not appear or file papers, the judge can treat that as giving up your right to be heard. It is one of the fastest routes to a foreclosure judgment in Florida.
- Final Judgment of ForeclosureThe 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.
- Certificate of Sale and Certificate of TitleThe certificate of sale is the clerk's record that your home was sold at auction, and filing it ends your right to pay off the judgment. If no one objects within 10 days, the clerk files a certificate of title and the buyer becomes the owner.
- Writ of PossessionA writ of possession is the court paper that orders the sheriff to remove everyone from the home and put the new owner in possession. In Florida it comes after the certificate of title and a court order. Clerks report that once the sheriff serves it, everyone must be out within 24 hours.