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Florida Foreclosure Laws:

Florida carries out foreclosures through court proceedings, with the usual foreclosure process in taking approximately five months. However, due to the increase in foreclosure filings there has been a delay in this process.


Pre-Foreclosure Period

A foreclosure in Florida begins when a lender files court actions and records a notice of a pending lawsuit (Lis Pendens) against the borrower. The lender notifies the borrower and any other affected parties in person, or in some cases by mail or publication.

If the borrower does not respond to the court action within a specified amount of time, the county clerk can find the borrower in default and the lender can ask the court to make a final ruling. If the court rules against the borrower, the ruling will include the total amount owed to the lender and the foreclosure sale date.


The lender is not required by state law to notify the borrower before initiating the foreclosure process, but individual mortgages or deeds of trust might call for this. The borrower can stop the foreclosure up until the date of the sale by paying the total amount owed to the lender.


Notice of Sale / Auction

The sale date is typically 20 to 35 days after the court ruling, but this may vary depending on the individual court. The clerk of the court issues a notice of sale containing the location, date, and time of the sale.  The notice is published once a week for two weeks, with the second notice appearing at least five days before the sale. The clerk usually oversees the sale, which ordinarily occurs at the county courthouse.


The winning bidder must provide a 5% (five percent) deposit and pay the remaining balance by the end of the day, or a new sale is scheduled a minimum of 20 days later. After a successful sale, the clerk gives a certificate of sale to the winning bidder.

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