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State lawVerified Sep 23, 2026Notices, the sale and your chance to catch up

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.
Check whether it applies to you

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 tool
  • Compare your options

    Use the weeks before the sale to compare payoff, a short sale, a motion to cancel the sale, or bankruptcy.

    Open the tool
  • Read 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

  1. 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 text

Court cases

  • Homeowner lostSame topic
    Bartram 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 topic
    McLean 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 topic
    Boren 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 topic
    Martins 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 topic
    Reinagel 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 topic
    Culhane 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

State lawVerified Sep 23, 2026

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 right
State lawVerified Sep 23, 2026

Right 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 right
U.S. ConstitutionVerified Sep 23, 2026

The 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 right
U.S. ConstitutionVerified Sep 23, 2026

The 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 right
Federal lawVerified Sep 23, 2026

The 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 right
Federal lawVerified Sep 23, 2026

Chapter 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