Sale only 20–35 days after judgment, with published notice
Fla. Stat. § 45.031(1)(a), (2)
In plain words
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.
Who is protected
Florida homeowners with a foreclosure judgment entered against them.
When it applies
- Only in Florida.
- Only once a sale date is set.
What you can do
Put the deadline on your calendar
Read the final judgment for the sale date and put it on your calendar.
Deadline: The sale date in your final judgment (20–35 days after it)
Open the toolCompare your options
Use the weeks before the sale to compare payoff, a short sale, a motion to cancel the sale, or bankruptcy.
Open the toolRead the Florida guide
Our Florida page explains the whole process step by step, with its sources and free local help.
Open the tool
Honest limits
- The sale can be set later than 35 days if the plaintiff agrees, and the court can reschedule it.
- 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 lawJudicial sale timing and publication
Fla. Stat. § 45.031(1)(a), (2)
Exact part: (1)(a), (2)
What it says: The sale must be set 20 to 35 days after the judgment and advertised for two weeks.
Read the official texthttps://www.flsenate.gov/Laws/Statutes/2026/45.031
Court cases
- Homeowner lostSame topicBartram 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 wonSame topicMcLean 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 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
Related rights
Right 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 rightRight to surplus money after a foreclosure sale
Fla. Stat. § 45.032(2)–(3)
If your home sells at the clerk’s sale for more than the judgment, the extra money is surplus. Florida law presumes the owner of record when the case was filed is entitled to it, after junior lienholders who file timely claims. You can claim it through the court; the clerk holds it until a judge orders payment.
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 rightThe automatic stay: filing bankruptcy pauses most collection
11 U.S.C. § 362(a)
When a bankruptcy case is filed, an "automatic stay" goes into effect right away. It generally stops lawsuits, foreclosure steps, and other collection against you and your property, without anyone needing to ask a judge. Creditors who knowingly violate it can owe damages.
Read this rightChapter 13: catch up on missed mortgage payments over time
11 U.S.C. § 1322(b)(5)
In a Chapter 13 bankruptcy, a plan can let you catch up on missed mortgage payments over a reasonable time (often 3 to 5 years) while you keep paying the regular monthly payment. For your main home, you can use this cure until the home is sold at a foreclosure sale held under state law.
Read this right