Facing Foreclosure in Florida? Know Your Timeline and Options

Falling behind on a mortgage is stressful, and the letters only add to the pressure. The good news is that Florida uses judicial foreclosure: the lender has to sue in circuit court and get a judge's order before the house can be sold. That takes time, and time gives you choices. This page lays out the general timeline, the deadlines you shouldn't miss, and where selling the house fits among your options.

How foreclosure generally works in Florida

1. Missed payments and early notices. For most loans on a primary residence, federal mortgage servicing rules generally prevent the lender from making the first foreclosure filing until you are more than 120 days behind. Use that window to talk to your servicer about a repayment plan, forbearance, or a loan modification.
2. The lawsuit. The lender files a foreclosure complaint in the circuit court for your county and records a lis pendens (public notice of the suit). This is often when investors start mailing you letters, because the filing is public.
3. Your 20 days. After you are formally served with the summons and complaint, you generally have 20 days to file a written response with the court. If you don't respond, the lender can ask for a default judgment. This is the single most important deadline. Talk to a foreclosure defense attorney or legal aid office right away.
4. Final judgment. If the lender wins, the court enters a final judgment and orders the clerk to sell the property, usually 20 to 35 days later.
5. The sale and your right of redemption. You can generally redeem the house by paying the judgment amount at any time until the clerk files the certificate of sale, unless the judgment sets a different time. After that, the right is gone.
6. Surplus funds. If the auction brings more than what's owed, the former owner can claim the surplus through the clerk. Unclaimed surplus is presumed unclaimed one year after the sale and sent to the state.

Your options, honestly

• Reinstate or work it out with the lender. If the hardship is temporary, a modification, forbearance or repayment plan may let you keep the house. Free HUD-approved housing counselors can help you apply.
• Refinance or borrow from family. This works if you have equity and income.
• List with an agent. If there is enough time and equity, a traditional sale may bring the highest price. It needs showings, repairs and a buyer whose financing closes before the sale date.
• Short sale. If you owe more than the house is worth, the lender may accept less than the full payoff. Expect lender approval to take time.
• Sell directly for cash. If you have equity and the clock is tight, a direct sale can close in days or weeks. It pays off the loan through a title company, stops the foreclosure case, and protects your credit from a completed foreclosure.
• Deed in lieu. You give the house back to the lender by agreement. It's less damaging than a completed foreclosure, but usually leaves you no cash.

If you sell to us

We are a buyer, not a "foreclosure rescue" service. We don't charge homeowners fees or take upfront payments, and we don't offer arrangements where you sign over your deed and rent the home back. Your loan is paid off at closing through a licensed title company.

A cash sale usually makes sense when there's equity in the home, the sale date is approaching, or the house needs repairs a retail buyer's lender won't accept. It usually doesn't make sense if a modification can realistically save the home, and we'll tell you if we think that's your better path.

We buy houses throughout Florida and know the clerk and court processes in Orange, Seminole, Lake, Osceola, Volusia and Brevard counties. If the house also needs work, see selling as-is. If the owner has passed away, see inherited and probate houses.

Free help to call first

• Your loan servicer's loss-mitigation department
• A HUD-approved housing counselor (search "HUD housing counselor" on hud.gov)
• Your local legal aid organization or a Florida foreclosure defense attorney