Right to answer the foreclosure lawsuit and be heard — usually within 20 days
Fla. R. Civ. P. 1.140(a)(1)
In plain words
Every Florida home foreclosure goes through court. After you are served, you generally have 20 days to file a written answer and raise your defenses, such as lack of standing or a missing notice. The bank must also swear that it holds the original note. If you do not answer, the bank can ask for a default judgment.
Who is protected
Anyone sued in a Florida foreclosure case.
When it applies
- Only in Florida.
- Only after a notice of default or once a sale date is set.
What you can do
Get ready for court
File a written answer with the clerk, listing each defense, and keep a stamped copy. Ask the clerk or legal aid about the self-help center.
Deadline: Usually 20 days after you are served
Open the toolPut the deadline on your calendar
Write down the date the papers were handed to you and count 20 days.
Deadline: 20 days after service
Open the toolOrganize your evidence
Collect the note, mortgage, assignments and every letter from the servicer to test the bank’s standing.
Open the tool
Honest limits
- Answering keeps your place in the case; it does not by itself win it or stop the sale.
- Deadlines can differ (for example if service was by publication); read your summons.
- This is general education, not legal advice. Laws change and details depend on your papers and your court; check the current law or ask a lawyer or legal aid.
The law
- State court ruleTime to answer a complaint
Fla. R. Civ. P. 1.140(a)(1)
Exact part: (a)(1)
What it says: A defendant generally must serve an answer within 20 days after service of the summons.
Read the official texthttps://www.floridabar.org/rules/ctproc/ - State lawPlaintiff must certify it holds the note
Fla. Stat. § 702.015
What it says: In a residential foreclosure the plaintiff must certify, under penalty of perjury, that it holds the original note or explain why not.
Read the official texthttps://www.flsenate.gov/Laws/Statutes/2026/702.015
Court cases
- Homeowner wonCited for this rightMcLean v. JP Morgan Chase Bank National Ass'n
McLean v. JP Morgan Chase Bank Nat'l Ass'n, 79 So. 3d 170 (Fla. 4th DCA 2012)
a foreclosing plaintiff must prove it had standing when the lawsuit was filed, and summary judgment is improper without that proof
- Homeowner lostCited for this rightBartram v. U.S. Bank National Ass'n
Bartram v. U.S. Bank Nat'l Ass'n, 211 So. 3d 1009 (Fla. 2016)
after a foreclosure is dismissed, each later missed payment is a new default that can support a timely new foreclosure
- Homeowner lostSame topicBoren v. U.S. National Bank Ass'n
Boren v. U.S. Nat'l Bank Ass'n, 807 F.3d 99 (5th Cir. 2015)
a lender may abandon a prior acceleration by giving notice that it seeks less than the full accelerated balance, which restarts the four-year limitations period
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Partial winSame topicReinagel v. Deutsche Bank National Trust Co.
Reinagel v. Deutsche Bank Nat'l Tr. Co., 735 F.3d 220 (5th Cir. 2013)
a Texas borrower may challenge an assignment of the loan on any ground that renders it void, though not on grounds that make it merely voidable
- Partial winSame topicCulhane v. Aurora Loan Services
Culhane v. Aurora Loan Servs., 708 F.3d 282 (1st Cir. 2013)
a mortgagor may contest the validity of a MERS assignment to the foreclosing entity, although the MERS framework itself is lawful
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicJones v. Flowers
Jones v. Flowers, 547 U.S. 220 (2006)
when mailed notice of a tax sale is returned undelivered, the government must take additional reasonable steps to notify the owner before selling the property
Related rights
Sale only 20–35 days after judgment, with published notice
Fla. Stat. § 45.031(1)(a), (2)
In Florida the court’s final judgment sets the clerk’s sale for a day not less than 20 and not more than 35 days later, unless the plaintiff agrees to a later date. Notice of sale must be published on a public website for two weeks or in a newspaper once a week for two weeks before the sale.
Read this rightRight to pay the judgment and stop the sale until the certificate of sale is filed
Fla. Stat. § 45.0315
Florida has no general law letting you reinstate by paying only what is past due, but your mortgage may allow it. Florida law does let you stop the sale by paying the full amount in the judgment, plus interest and costs. This right lasts until the clerk files the certificate of sale, or a later time set in the judgment.
Read this rightThe right to be heard in court, and to speak for yourself
U.S. Const. amend. XIV, § 1Due Process Clause
Due process means that before the government, through a court, takes your property, you must get a meaningful chance to be heard. In federal court, you have a legal right to present your own case without a lawyer. Most state courts also let people represent themselves, under state rules.
Read this rightThe right to real notice before the government takes or sells your home
U.S. Const. amend. XIV, § 1Due Process Clause
Before a state or county sells your property — for example at a tax sale, or through a court foreclosure — the Constitution requires notice that is reasonably likely to actually reach you. If the government knows your address, publishing a notice in the newspaper is not enough. If a mailed notice comes back unclaimed, the government must take extra reasonable steps to reach you, if it practicably can.
Read this rightPause a court case while on military duty
50 U.S.C. § 3932(b)(1)
If you are in military service and get sued, the court must pause the case for at least 90 days if you ask and show that your duty keeps you from appearing. Before a court can enter a default judgment against you, the other side must file a sworn statement saying whether you are in the military, and the court may appoint a lawyer for you.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this right