In Florida, a lender cannot take your home without going to court, so pre-foreclosure usually lasts months, not weeks. Until the clerk’s sale is complete, you can still catch up, get a loan modification or forbearance, do a short sale or deed in lieu, or sell the house yourself and keep the equity. The key is to act early, answer the lawsuit on time, and avoid anyone who charges upfront fees to “save” your home.
What does pre-foreclosure mean in Florida?
Pre-foreclosure is the stretch between your first missed payment and the foreclosure sale. Florida is a judicial foreclosure state: the lender has to file a lawsuit, win a judgment, and then the county clerk sells the property under Chapter 45 of the Florida Statutes.
The Florida foreclosure timeline, step by step
1. Missed payments and the federal 120-day rule
For most home loans, federal rules say your servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind on payments (12 CFR 1024.41(f)). Use this time to send your servicer a complete loss mitigation application. If a complete application arrives before the first filing, the servicer generally cannot file until it has decided your application and any appeal is over.
2. The lawsuit and the lis pendens
Once the lender files, it usually records a notice of lis pendens in the county records. Under Fla. Stat. 48.23, this public notice tells anyone looking at the title that a lawsuit affects the property. It does not mean you lost the house. You still own it and can still sell it.
3. The summons and your answer deadline
You will be served with a summons and complaint. You generally have 20 days to file a written answer with the court (Miami-Dade foreclosure process chart). If you do not answer, the lender can ask for a default and move faster toward a judgment. Note the date you were served and get legal help right away.
4. Final judgment and the sale date
If the lender wins, the court enters a final judgment. The judgment directs the clerk to sell the property on a date that is not less than 20 days or more than 35 days after the judgment, unless the lender agrees to a later date (Fla. Stat. 45.031(1)(a)). Notice of the sale must be published for two weeks before the sale, either online or in a newspaper.
5. The clerk’s sale (often online)
The law allows the clerk to conduct the sale electronically, and bidders may need to put down a 5% deposit (Fla. Stat. 45.031(10)). Check your county clerk’s website. After the sale, the clerk files a certificate of sale. If no one objects within 10 days, the clerk issues a certificate of title to the buyer.
Can you still stop the sale? Florida’s right of redemption
Yes, but the window is short. Under Fla. Stat. 45.0315, the owner can redeem the property by paying the amount due under the judgment. That right lasts until the clerk files the certificate of sale, or a later time if the judgment says so. After that, the statute says there is no right of redemption.
What happens to surplus funds after a Florida foreclosure sale?
If the house sells for more than the judgment and costs, the extra money is called surplus. Under Fla. Stat. 45.032, the owner of record on the date the lis pendens was filed is presumed to be entitled to the surplus, after subordinate lienholders who filed timely claims are paid. If surplus is not paid out within one year after the sale, it is presumed unclaimed and reported as unclaimed property to the state.
Surplus is not guaranteed, and other liens get paid first.
Options to avoid foreclosure
The CFPB says the worst thing you can do is nothing. These are the main options it describes:
If you want to keep the house
- Forbearance: Payments are paused or reduced for a limited time after a temporary setback. They are not forgiven, so you need a plan to repay them.
- Loan modification: The loan terms change. Missed payments may be added to the balance, and the monthly payment may drop.
- Repaying missed payments over time: Ask your servicer if you can catch up in installments.
If you are ready to move on
- Sell the home: You can sell and pay off the mortgage in full. You do not need the servicer’s approval, though you should tell them.
- Short sale: You sell for less than you owe. The servicer must approve it and agree to forgive the difference. Ask about tax effects.
- Deed in lieu of foreclosure: You give the house to the servicer and move out. If approved, you may not owe the remaining balance.
Timing matters. If your complete application arrives more than 37 days before a scheduled sale, the servicer generally must evaluate it within 30 days and cannot hold the sale until the review is finished (12 CFR 1024.41(c) and (g)).
Where to get free help
HUD-approved housing counselors offer no-cost, confidential sessions. Find one at hud.gov/housingcounseling or call 1-800-569-4287 (HUD). For legal help, Florida Legal Aid offices offer free or reduced-cost help, and The Florida Bar Lawyer Referral Service (800-342-8011) can connect you with a foreclosure defense attorney (The Florida Bar).
How to spot a foreclosure rescue scam
The CFPB warns that anyone who charges you in advance or guarantees they can stop your foreclosure is not legitimate. Florida law backs this up. Under Fla. Stat. 501.1377:
- A foreclosure rescue consultant may not collect payment before completing all the services in the agreement.
- The agreement must be in writing, and you can cancel within 3 business days without penalty.
- A buyer who acquires your home as part of a rescue deal (an “equity purchaser”) must give you a written contract you can cancel by 5 p.m. on the 3rd business day after signing, and must pay off or take over the lien being foreclosed.
- Violations count as unfair and deceptive trade practices, with penalties up to $15,000 per violation.
Red flags: pressure to sign over your deed or to stop talking to your lender or lawyer.
Selling for cash before the foreclosure sale
If you have equity and do not plan to stay, selling before the clerk’s sale may protect more of it than waiting for an auction. A sale pays off the judgment at closing, and what is left after liens and costs goes to you. Because the sale date can be just 20 to 35 days after judgment, a fast, as-is sale can matter. Get the payoff in writing and have an attorney review the deal.
How All About Real Estate can help
All About Real Estate LLC buys property directly for cash, as a principal, anywhere in Florida, and has done so since 2014. We buy single-family homes, townhomes, condos, multifamily buildings, mobile homes on land the owner owns, vacant land, and commercial property, all as-is. We usually make a written offer within 24 hours and can close in as little as 7 days. Call, text, or WhatsApp (786) 753-8500, any time, 24/7. Se habla español. Our office is at 5347 SW 25th St, Hollywood, FL 33023.
Frequently asked questions
How long does foreclosure take in Florida?
It varies by case. The first filing generally cannot come until you are more than 120 days behind, and after final judgment the sale is set 20 to 35 days out unless the lender agrees to a later date.
Can I sell my house after a lis pendens is filed?
Yes. You still own the home and can sell it, as long as the lender is paid off at closing before the sale.
When does my right to redeem end in Florida?
Under Fla. Stat. 45.0315, the right to redeem by paying the judgment amount lasts until the clerk files the certificate of sale, or a later time if the judgment says so.
Who gets surplus money after a Florida foreclosure sale?
Under Fla. Stat. 45.032, the owner of record when the lis pendens was filed is presumed entitled to the surplus, after subordinate lienholders who filed timely claims. Unclaimed surplus is reported to the state one year after the sale.
Is it legal for someone to charge me upfront to stop my foreclosure?
Under Fla. Stat. 501.1377, a foreclosure rescue consultant cannot collect payment before completing all promised services. The CFPB says anyone who charges in advance or guarantees results is not legitimate.
Where can I get free foreclosure help in Florida?
Call a HUD-approved housing counselor at 1-800-569-4287, contact a local Legal Aid office, or call The Florida Bar Lawyer Referral Service at 800-342-8011.
This article is general information, not legal or tax advice. Talk to a Florida attorney or CPA about your situation.
Frequently asked questions
How long does foreclosure take in Florida?
It varies by case. The first filing generally cannot come until you are more than 120 days behind, and after final judgment the sale is set 20 to 35 days out unless the lender agrees to a later date.
Can I sell my house after a lis pendens is filed?
Yes. You still own the home and can sell it, as long as the lender is paid off at closing before the sale.
When does my right to redeem end in Florida?
Under Fla. Stat. 45.0315, the right to redeem by paying the judgment amount lasts until the clerk files the certificate of sale, or a later time if the judgment says so.
Who gets surplus money after a Florida foreclosure sale?
Under Fla. Stat. 45.032, the owner of record when the lis pendens was filed is presumed entitled to the surplus, after subordinate lienholders who filed timely claims. Unclaimed surplus is reported to the state one year after the sale.
Is it legal for someone to charge me upfront to stop my foreclosure?
Under Fla. Stat. 501.1377, a foreclosure rescue consultant cannot collect payment before completing all promised services. The CFPB says anyone who charges in advance or guarantees results is not legitimate.
Where can I get free foreclosure help in Florida?
Call a HUD-approved housing counselor at 1-800-569-4287, contact a local Legal Aid office, or call The Florida Bar Lawyer Referral Service at 800-342-8011.
By Petru Pusta, owner of All About Real Estate LLC. Petru is a licensed Florida real estate broker (BK3293808) with Kariza Capital Realty LLC. All About Real Estate LLC buys property directly as a principal and is not a real estate brokerage.
Sources
- Fla. Stat. 45.031 (2025) – Judicial sales procedure
- Florida Statutes Chapter 45 (2025) – incl. 45.0315 and 45.032
- Fla. Stat. 48.23 – Lis pendens
- Fla. Stat. 501.1377 (2018 ed.) – Foreclosure rescue fraud
- 12 CFR 1024.41 (CFR 2024) – Loss mitigation procedures
- CFPB – Avoid foreclosure
- CFPB – Mortgage help
- HUD – Facing Foreclosure (housing counseling)
- Miami-Dade County – Mortgage foreclosure process flowchart
- The Florida Bar – Foreclosure help, finding an attorney/legal aid
