How Foreclosure Works in Florida
Whether Florida forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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 |
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| 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 |
More Florida foreclosure & homeowner law
- Redemption and Deficiency Judgments in Florida
- HOA Liens and Foreclosure in Florida
- Getting Your Home Back After a Tax Sale in Florida
- All Florida foreclosure & homeowner law rules
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.
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.