How foreclosure works in Florida
By Rent to Own Guide · Published · How we research
Short answer
| Process | Judicial (court) only (§ 702.01) |
|---|---|
| Who sells the home | The county clerk, at a public auction that may be online (§ 45.031) |
| Sale date | 20 to 35 days after the final judgment, unless the lender agrees to later; notice runs 2 weeks |
| Bidder deposit | 5% of the final bid at the sale; balance deadline varies by county |
| Redemption | Until the clerk files the certificate of sale; none after (§ 45.0315) |
| Deficiency | Up to the court; for an owner-occupied home, capped at the debt minus fair market value (§ 702.06), and a separate suit must be filed within one year (§ 95.11(6)(g)) |
| Pre-foreclosure purchases | Regulated when the owner keeps an interest (§ 501.1377) |
How a Florida foreclosure works
Florida forecloses home mortgages only through the courts: “All mortgages shall be foreclosed in equity” (Fla. Stat. § 702.01). There is no out-of-court trustee sale for an ordinary home loan. The main steps:
- The lender sues and records a lis pendens. The notice of the lawsuit is recorded in the county's official records (§ 48.23). That recorded notice is what makes a home “in foreclosure” under Florida's pre-foreclosure buyer law, below.
- The court enters a final judgment. In an uncontested case where the lender gives up any deficiency, the court must enter judgment within 90 days after the pleadings close (§ 702.065).
- The clerk sells the home 20 to 35 days later. The judgment sets a sale date “not less than 20 days or more than 35 days” out, unless the lender agrees to a later date. Notice of the sale runs for two weeks on a public website or in a local newspaper (§ 45.031).
- Title passes after 10 days. If no one objects within 10 days after the certificate of sale, the clerk issues a certificate of title and the sale stands confirmed (§ 45.031(5)–(6)).
Buying at a Florida foreclosure auction
The county clerk runs the auction, and clerks may hold it online (§ 45.031(10)). The winning bidder must post a deposit of 5 percent of the final bid at the time of the sale. The deadline and accepted forms for the rest of the payment are set county by county. In Pasco County, for example, payment is due by 4 p.m. Eastern the day of the sale, and personal checks and ACH payments aren't accepted (Pasco County Clerk). Check your county clerk's auction rules before you register.
You usually can't inspect the inside of a home before an auction, and a foreclosure sale doesn't clear every debt tied to the property. Order a title search on any address you plan to bid on.
Buying a pre-foreclosure home in Florida
Once a lis pendens is recorded, Florida's foreclosure-rescue law (§ 501.1377) applies to some purchases from the owner. It covers a “foreclosure-rescue transaction”: a deal where the owner sells but keeps an interest, such as a lease with an option to buy the home back, and the deal is meant to stop or delay the foreclosure. If your purchase works that way, the statute requires:
- A written agreement in at least 12-point uppercase type, signed by both of you before the owner signs any deed, with a copy to the owner within 3 hours. It must state above the owner's signature: “I UNDERSTAND THAT UNDER THIS AGREEMENT I AM SELLING MY HOME TO THE OTHER UNDERSIGNED PARTY.”
- A right for the owner to cancel without penalty until 5 p.m. on the 3rd business day after signing.
- That you take over or pay off the loan being foreclosed, and any earlier liens the foreclosure wouldn't wipe out.
- Proof the owner can afford any buy-back payments (presumed reasonable at or under 60 percent of gross monthly income), and a 30-day right to cure a missed payment, up to three times.
- A buy-back price that isn't more than 17 percent a year above what you paid to buy, improve and hold the home; a higher price is presumed unconscionable.
A deal with a lease-option back to the owner is presumed to be a loan, not a sale. Each violation can bring a penalty of up to $15,000 (§ 501.1377(6)–(7)). A plain purchase where the owner keeps no interest in the home falls outside that definition, but have a Florida real estate attorney review any pre-foreclosure contract.
Where to find Florida foreclosure records
- Lis pendens and judgments: in the official records of the county clerk where the home is (§ 48.23). Each of Florida's 67 clerks runs its own records and court search.
- Sale notices: newspapers must also post legal notices on floridapublicnotices.com, searchable by party name and case number, for at least 90 days (§ 50.0211). Some clerks publish sale notices on a county website instead.
- Listings: Florida pre-foreclosures on Foreclosure.com and Florida foreclosures. Confirm any listing's status in the clerk's records before you act on it.
If the home in foreclosure is yours
You can stop the sale by paying the judgment amount any time before the clerk files the certificate of sale; after that, Florida has no right of redemption (§ 45.0315). Florida's statewide foreclosure mediation program ended in 2011 (18th Circuit AO 12-02-B), and Florida Housing's Hardest-Hit Fund is closed; it points homeowners to HUD-approved housing counselors (Florida Housing).
The Florida Attorney General warns not to sign papers that let someone “act on your behalf” to stop a foreclosure, since “This may be a trick to get you to sign over title to your home,” and says a rescue firm “may never charge you up front.” Report scams at 1-866-9-NO-SCAM (Florida Attorney General). If the sale brings in more than you owe, you can claim the surplus yourself without a lawyer (§ 45.031(1)(b)). Our homeowner options guide covers the main choices.