Florida · Judicial state · Chapter 702

Florida takes you to court. You have 20 days to answer.

A judge signs off before anyone sells your home, but Florida hands lenders a fast track most people never hear about until it has run. Here is the part worth holding onto: answer inside twenty days and you are in a real case, with real options.

— days
Next deadline

Not sure what date to put in? Tell us which paper you were sent and we will work the timeline out backwards from it.

Your situation Every date below recalculates

Each is a different chapter.

When you first fell behind.

Circuit backlog is the variable.

Past steps fade out.

FHA and VA add steps.

No dollar limit in Florida.

Anything else true

Filing an answer is one of the largest variables on this page. Leave it unchecked and you are on Florida’s section 702.10 fast track — which is why the number above is so much shorter than people expect from a state that uses judges.

Know someone facing foreclosure in Florida? Send them this timeline. The link opens this page only; your dates stay with you.

When you use the Share button on this site, we count it, with no name attached. Browsers that send Do Not Track or Global Privacy Control are not counted.

Step one

Make the call.

Call your mortgage servicer (the number is on your statement) before the next payment is due, or today if you are already behind. Servicers have programs for people who lose a job, get sick or hit a rough patch, but they only start when you ask. A foreclosure costs them money too.

What to say

“I’ve had a hardship and I want to keep my home. Please send me a loss mitigation application and tell me every option for my loan.” If your loan is FHA, VA or USDA, ask about that program’s options by name.

What to have ready

Your latest mortgage statement, recent pay stubs or unemployment letter, two months of bank statements, last year’s tax return, and a short hardship letter. Expect a lot of paperwork. Send all of it, because a complete application is what protects you.

Write everything down

Date, time, who you spoke to and what they said. Keep copies and proof of when you sent your papers. With most servicers, a complete application more than 37 days before a sale stops that sale while they decide.

Don’t want to call alone? A free HUD-approved counselor will help: 1-800-569-4287. And if the home is ever sold at auction, ask about surplus funds: money left over after the debt is paid can belong to you, but you usually have to claim it.

What Florida gives you

Rights that exist because the property is in Florida, whatever a servicer tells you on the phone.

A well kept house with a covered porch at sunset
Big cities and small counties run on different clocks, so pick your county first.
Free, today, no catch

Where Floridians actually get help

A housing counselor shaking hands with a homeowner at a kitchen table
A free counselor can read your papers with you before any deadline.

Regional legal aid programmes take foreclosure cases at no cost if you qualify by income. Start at FloridaLawHelp.org, which can point you to the programme that serves your area.

HUD-approved housing counsellors are free everywhere in the state — 1-800-569-4287. Some circuits also offer foreclosure mediation; ask the clerk whether yours does.

Anyone who contacts you first, guarantees they can stop the sale for a fee paid up front, or asks you to sign the deed over is running a scam. If you have already signed something, Florida gives a three business day right to cancel a foreclosure-rescue contract that cannot be waived, with all payments refunded within ten business days.

Watch for fake relief. The Florida Homeowner Assistance Fund closed to new applications on 26 August 2022. Do not pay anyone who says they can still get you into it. Ask your servicer for loss mitigation and call a free HUD-approved counsellor instead.

Status of this page

Rechecked 18 October 2026 against the 2026 Florida Statutes, the Florida Rules of Civil Procedure (October 2026 edition) and current federal regulations. Statute and rule text was verified. The paragraph 22 defence rests on appellate case law and is summarised, and which circuits run mediation programmes changes, so confirm both with a Florida attorney.

Questions people ask about Florida foreclosure

Short answers, each one sourced to the statute cited on this page.

How long does foreclosure take in Florida?

On this site’s calculator, a Florida foreclosure with no delays or disputes reaches the clerk’s auction about 358 days after the first missed payment if the homeowner does not answer, and about 540 days if an answer is filed. That is an estimate, not a typical duration, and many Florida cases take much longer. Florida is judicial, but section 702.10 gives lenders an order-to-show-cause fast track that can produce final judgment at a single hearing.

Is Florida judicial or non-judicial?

Florida is a judicial foreclosure state. The lender files suit in circuit court and records a lis pendens, and a judge must enter a final judgment before the clerk may sell the property.

How long do I have to respond to a foreclosure complaint in Florida?

Twenty calendar days from service, not counting the day you were served. Missing it allows a default, after which the court decides only how much you owe, not whether you owe it.

Can I stop a Florida foreclosure sale by paying?

Yes, until the clerk files the certificate of sale, or a later date named in the judgment. After that Florida law states plainly that there is no right of redemption.

What happens to surplus money after a Florida foreclosure sale?

Subordinate lienholders who make timely claims are paid first, then the owner of record as of the date the lis pendens was filed. Anything still with the clerk one year after the sale is presumed unclaimed and sent to the Department of Financial Services, where the owner of record can still claim it. An assignment to a recovery company counts only if its pay is no more than 12% of the surplus.

Last verified: October 18, 2026. Every deadline and citation on this page was checked against Florida law and the federal rules it cites. Laws change during the year, so if something here looks out of date or wrong, tell us and we will check it against the law.

Report a correction