Florida Foreclosure Laws: Process, Timeline and Your Rights
Florida foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.
Quick answers for Florida
- Judicial or non-judicial
- Judicial. Florida law requires all mortgages to be foreclosed in court ("in equity"). If tried, the foreclosure claim is decided by a judge without a jury. Fla. Stat. § 702.01
- Time frames set by law
- In the final judgment, the court directs the clerk to sell the property at a public sale on a day not less than 20 days and not more than 35 days after the judgment, unless the plaintiff consents to a later date. Fla. Stat. § 45.031(1)
- Redemption after the sale
- There is no right of redemption after the sale. The right to redeem ends when the clerk files the certificate of sale (or at a later time if the judgment says so); the statute says that "otherwise, there is no right of redemption." Fla. Stat. § 45.0315
- Deficiency judgments
- Possible, at the court's discretion. For owner-occupied residential property, the deficiency cannot exceed the difference between the judgment amount (or, for a short sale, the outstanding debt) and the property's fair market value on the date of sale; Fla. Stat. §§ 702.06, 95.11(5)(g)
Last verified: 2026-10-27
How foreclosure works
| Judicial or non-judicial | Judicial. Florida law requires all mortgages to be foreclosed in court ("in equity"). If tried, the foreclosure claim is decided by a judge without a jury. Source: Fla. Stat. § 702.01 |
|---|---|
| Required notices | Because foreclosure is a court case, the homeowner is served with the lawsuit. After a final judgment, notice of the clerk's sale must be published on a public website for at least 2 consecutive weeks before the sale, or once a week for 2 consecutive weeks in a local newspaper, with the second newspaper publication at least 5 days before the sale. The notice must describe the property, give the time and place of sale, and state that the sale is under the court's judgment. Source: Fla. Stat. § 45.031 |
| Time frames set by law | In the final judgment, the court directs the clerk to sell the property at a public sale on a day not less than 20 days and not more than 35 days after the judgment, unless the plaintiff consents to a later date. Source: Fla. Stat. § 45.031(1) |
| Right to catch up (reinstate) | Yes. The borrower (or a junior lienholder) can stop the sale by paying the amount set in the foreclosure judgment at any time before the later of the clerk's filing of the certificate of sale or the time stated in the judgment. If no judgment has been entered yet, the borrower can tender the performance due under the mortgage, including any accelerated amounts, plus the lender's reasonable foreclosure expenses and attorney's fees. Source: Fla. Stat. § 45.0315 |
After the sale
| Redemption after the sale | There is no right of redemption after the sale. The right to redeem ends when the clerk files the certificate of sale (or at a later time if the judgment says so); the statute says that "otherwise, there is no right of redemption." Source: Fla. Stat. § 45.0315 |
|---|---|
| Deficiency judgments | Possible, at the court's discretion. For owner-occupied residential property, the deficiency cannot exceed the difference between the judgment amount (or, for a short sale, the outstanding debt) and the property's fair market value on the date of sale; a homestead-exempt property is presumed owner-occupied. The lender may also sue separately at common law unless the foreclosure court already granted or denied a deficiency. For 1- to 4-family residential property, a separate action to collect a deficiency must be brought within 1 year, starting the day after the clerk issues the certificate of sale or the lender accepts a deed in lieu of foreclosure. |
HOAs, taxes and selling
| HOA liens and foreclosure | Yes. A homeowners' association may foreclose its lien for unpaid assessments in court the same way a mortgage is foreclosed, and may also sue for a money judgment. Before recording a lien, the association must send a Notice of Intent to Record a Claim of Lien giving the owner 45 days to pay. It may not file a foreclosure until 45 days after a separate notice of intent to foreclose, which cannot be sent until the first 45-day period has passed. Condominium associations have a similar assessment lien under the Condominium Act. Source: Fla. Stat. §§ 720.3085, 718.116 |
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| Property tax sales | Florida sells tax certificates (liens), not the home. Anyone may redeem a tax certificate at any time after it is issued and before a tax deed is issued (unless full payment for the tax deed has already been made to the clerk) by paying the tax collector the face amount plus interest (a minimum of 5% in most cases), costs and charges. The certificate holder may apply for a tax deed once 2 years have passed since April 1 of the year the certificate was issued. Source: Fla. Stat. §§ 197.472, 197.502 |
| Seller disclosure | Florida's statutes require a seller of residential real property to complete and give the buyer a written Flood Disclosure, in the statutory form, at or before the time the sales contract is signed. The form covers whether the seller knows of flooding that damaged the property, has filed a flood insurance claim, or received flood-damage assistance (such as from FEMA). Source: Fla. Stat. § 689.302 |
Foreclosure & Homeowner Law FAQ
Is Florida a judicial or non-judicial foreclosure state?
Judicial. Florida law requires all mortgages to be foreclosed in court ("in equity"). If tried, the foreclosure claim is decided by a judge without a jury.
What notice is required before a foreclosure sale in Florida?
Because foreclosure is a court case, the homeowner is served with the lawsuit. After a final judgment, notice of the clerk's sale must be published on a public website for at least 2 consecutive weeks before the sale, or once a week for 2 consecutive weeks in a local newspaper, with the second newspaper publication at least 5 days before the sale. The notice must describe the property, give the time and place of sale, and state that the sale is under the court's judgment.
How long does foreclosure take in Florida?
In the final judgment, the court directs the clerk to sell the property at a public sale on a day not less than 20 days and not more than 35 days after the judgment, unless the plaintiff consents to a later date.
Can you stop a foreclosure by catching up on payments in Florida?
Yes. The borrower (or a junior lienholder) can stop the sale by paying the amount set in the foreclosure judgment at any time before the later of the clerk's filing of the certificate of sale or the time stated in the judgment. If no judgment has been entered yet, the borrower can tender the performance due under the mortgage, including any accelerated amounts, plus the lender's reasonable foreclosure expenses and attorney's fees.
Is there a right of redemption after foreclosure in Florida?
There is no right of redemption after the sale. The right to redeem ends when the clerk files the certificate of sale (or at a later time if the judgment says so); the statute says that "otherwise, there is no right of redemption."
Can the lender come after you for the rest of the loan after foreclosure in Florida?
Possible, at the court's discretion. For owner-occupied residential property, the deficiency cannot exceed the difference between the judgment amount (or, for a short sale, the outstanding debt) and the property's fair market value on the date of sale; a homestead-exempt property is presumed owner-occupied. The lender may also sue separately at common law unless the foreclosure court already granted or denied a deficiency. For 1- to 4-family residential property, a separate action to collect a deficiency must be brought within 1 year, starting the day after the clerk issues the certificate of sale or the lender accepts a deed in lieu of foreclosure.
Can an HOA foreclose on your home in Florida?
Yes. A homeowners' association may foreclose its lien for unpaid assessments in court the same way a mortgage is foreclosed, and may also sue for a money judgment. Before recording a lien, the association must send a Notice of Intent to Record a Claim of Lien giving the owner 45 days to pay. It may not file a foreclosure until 45 days after a separate notice of intent to foreclose, which cannot be sent until the first 45-day period has passed. Condominium associations have a similar assessment lien under the Condominium Act.
What must a home seller disclose in Florida?
Florida's statutes require a seller of residential real property to complete and give the buyer a written Flood Disclosure, in the statutory form, at or before the time the sales contract is signed. The form covers whether the seller knows of flooding that damaged the property, has filed a flood insurance claim, or received flood-damage assistance (such as from FEMA).
How do you get your home back after a tax sale in Florida?
Florida sells tax certificates (liens), not the home. Anyone may redeem a tax certificate at any time after it is issued and before a tax deed is issued (unless full payment for the tax deed has already been made to the clerk) by paying the tax collector the face amount plus interest (a minimum of 5% in most cases), costs and charges. The certificate holder may apply for a tax deed once 2 years have passed since April 1 of the year the certificate was issued.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.