How Foreclosure Works in Florida
A court process, with time you can use
Florida uses judicial foreclosure. That means the lender must go through the court system before your home can be sold. The whole process often takes many months, and contested cases can take longer. Every step before the sale is time you can use.
- STEP 1
Missed payments
The lender sends late notices and, eventually, a notice of default.
- STEP 2
Lawsuit filed
The lender files a complaint in circuit court and records a lis pendens, a public notice of the lawsuit.
- STEP 3
You are served
You have a limited time to respond to the court. Speak with a Florida attorney right away.
- STEP 4
Judgment
If the court rules for the lender, it enters a final judgment and sets a sale date.
- STEP 5
Foreclosure sale
The property is sold at a public auction run by the county clerk.
Your Alternatives
Options to consider before a sale date
Sell with equity
If your home is worth more than you owe, a regular sale may pay off the loan and leave money in your pocket. This is often the best outcome, and timing is everything.
Short sale
If you owe more than the home is worth, your lender may approve a sale for less than the balance.
How short sales work →Loan modification or repayment plan
If your hardship is temporary and you can afford a payment going forward, your lender may change the loan terms. A HUD-approved housing counselor can help you apply at no cost.
Deed in lieu of foreclosure
You voluntarily transfer the home to the lender. It avoids a court sale, but lenders usually want the title clear of other liens first.
Legal options
A Florida foreclosure defense or bankruptcy attorney can explain defenses and protections we cannot advise on.
Protect Yourself
Watch out for foreclosure scams
Be careful with anyone who:
- Asks for money upfront to "save" your home
- Guarantees they can stop your foreclosure
- Asks you to sign your deed over to them
- Tells you to stop talking to your lender or attorney
Florida law strictly regulates foreclosure-rescue services. A legitimate real estate professional will never ask you to pay upfront to sell your home.
Foreclosure FAQ
Straight answers
I was served with a foreclosure lawsuit. What should I do first?
Do not ignore it. Note the response deadline on the summons, speak with a Florida attorney, and contact us to understand what your home could sell for.
Is it too late if a sale date is already set?
Not always, but time is very short. Call us the same day.
Can my lender come after me for the rest of the balance?
In some cases, yes. Florida law allows lenders to seek a deficiency judgment, with time limits that depend on how the home was sold. Ask a Florida attorney about your situation.
Where can I get free help with a loan modification?
A HUD-approved housing counseling agency. You can find one through HUD's website or by calling (800) 569-4287.
Request a Confidential Consultation
Tell us a little about your situation. Everything you share stays private. No cost, no obligation, no upfront fees. Se habla español. We are not attorneys or tax advisors and do not provide legal or tax advice.
Our team of professionals will be with you every step of the way, from preparing your home for the sale, to handing the keys to the new buyer.
Jennifer Gomez is a licensed Florida real estate Broker Associate with LPT Realty. CDPE® is a designation of the Real Estate Advancement Institute. Information on this page is general and not legal, tax or financial advice. Results depend on your lender and your situation; no outcome is guaranteed. Consult a Florida attorney and a tax professional about your specific situation.