Techoclaro
PRO
All statesState guide

Foreclosure and tax sales in Florida

What our research shows about Florida's rules. General information with sources — not legal advice, and not a reading of your papers.

CoreResearched in depth, key rules checked against the official text.Research last reviewed 2026-09-22
Start your case free

How foreclosure works

Usual process
Judicial (through court)
From a reputable summary[1]
Allowed processes
Judicial (through court)
From a reputable summary[1][2]
Main statutes
Fla. Stat. § 45.031; Fla. Stat. § 45.0315; Fla. Stat. § 702.015; Fla. Stat. § 702.06; Fla. Stat. § 95.11
From a reputable summary[1]
Typical length (estimate)
Not researched yet for this state.

The usual timeline

  1. +At least 120 days

    Federal rule: the servicer generally cannot make the first foreclosure notice or filing until you are more than 120 days behind

    Applies to most home loans in every state. A complete loss-mitigation application sent more than 37 days before a sale also triggers federal protections.

    Checked against the official text12 CFR § 1024.41(f)(1)

  2. Pre-suit notice or breach letter

    No state-law pre-suit notice period for most home loans; the mortgage usually requires a breach letter (commonly 30 days to cure) and federal rules bar filing until you are more than 120 days behind. The plaintiff must certify it holds the original note.

    From a reputable summary

  3. Lawsuit filed and you are served with the summons and complaint

    From a reputable summary
  4. +At least 20 days

    Answer due — 20 days after service

    Generally 20 days after service to file an answer (Fla. R. Civ. P. 1.140).

    From a reputable summary

  5. Mediation may be available (voluntary or local programs)

    The statewide managed mediation program ended in 2011. Judges can still refer a case to mediation, so you may ask the court for it.

    From a reputable summary

  6. Court judgment of foreclosure (if the lender wins)

    From a reputable summary
  7. +At least 20 days

    Sheriff’s / court sale

    The final judgment sets a clerk’s sale 20 to 35 days after the judgment (unless the court orders otherwise). Notice runs on a public website for 2 consecutive weeks or in a newspaper once a week for 2 weeks, the second at least 5 days before the sale.

    Checked against the official textFla. Stat. § 45.031

  8. Redemption window

    You may redeem until the later of the clerk filing the certificate of sale or the time set in the judgment — usually the day of the sale. No redemption after that.

    Checked against the official textFla. Stat. § 45.0315

A general sequence built from the rules above. "At least" periods are the shortest we found; your case can take longer.

Notices and the sale

Notice before foreclosure
No state-law pre-suit notice period for most home loans; the mortgage usually requires a breach letter (commonly 30 days to cure) and federal rules bar filing until you are more than 120 days behind. The plaintiff must certify it holds the original note.

Fla. Stat. § 702.015

From a reputable summary[1]
Notice of sale
At least 20 daysThe final judgment sets a clerk’s sale 20 to 35 days after the judgment (unless the court orders otherwise). Notice runs on a public website for 2 consecutive weeks or in a newspaper once a week for 2 weeks, the second at least 5 days before the sale.

“…not less than 20 days or more than 35 days after the date thereof…” (Fla. Stat. § 45.031(1)(a)). Here the period runs from the judgment.

Checked against the official text[3][1]
Publication
Public website for 2 consecutive weeks, or newspaper once a week for 2 consecutive weeks (second at least 5 days before the sale).
Checked against the official text[3]
When sales happen
Public auction by the clerk (often online). If no objection is filed within 10 days, the clerk issues the certificate of title.

Fla. Stat. § 45.031

From a reputable summary[1]
Time to answer the lawsuit
20 days

Generally 20 days after service to file an answer (Fla. R. Civ. P. 1.140).

From a reputable summary[1]
Court confirms the sale
No separate confirmation

No separate court confirmation: the clerk issues the certificate of title if no objection is filed within 10 days.

From a reputable summary[1]

Your rights before and after the sale

Catching up (reinstatement)
No statutory reinstatement right; check your mortgage.
From a reputable summary[2]
Buying the home back (redemption)
LimitedYou may redeem until the later of the clerk filing the certificate of sale or the time set in the judgment — usually the day of the sale. No redemption after that.
Checked against the official text[4][1]
Owing money after the sale (deficiency)
LimitedAllowed in the foreclosure case or a separate suit, but for an owner-occupied home it cannot exceed the judgment amount minus the fair market value on the sale date. The lender has one year after the certificate of title to sue for a 1–4 unit home.

Fla. Stat. §§ 702.06, 95.11

Checked against the official text[5][1]
Mediation
Some courts or countiesThe statewide managed mediation program ended in 2011. Judges can still refer a case to mediation, so you may ask the court for it.
From a reputable summary[1]

Property tax sales

Tax sale system
Tax lien certificate sale
From a reputable summary[6]
How it works
Taxes are delinquent April 1 (or 60 days after the tax notice). Tax certificates are sold (usually online) to the bidder offering the lowest interest rate (max 18%). Homesteads owing under $250 are not auctioned. After 2 years the certificate holder can apply for a tax deed; the clerk then holds a public tax deed auction.
From a reputable summary[6][7]
Redeeming after a tax sale
At least 2 years (from April 1 of the certificate year) before a tax deed can be applied for, and then until the clerk issues the tax deed.

Fla. Stat. §§ 197.472, 197.502

Checked against the official text[7][6]
Relief programs
  • Homestead tax deferral (Fla. Stat. § 197.252) — Homestead owners may apply to defer taxes and non-ad valorem assessments; income and equity limits apply.
  • Homestead and senior/veteran/disability exemptions — Homestead exemption up to $50,000 of taxable value, plus extra exemptions for seniors with limited income, veterans and people with disabilities.
Checked against the official text[8][6]
Payment plans
Quarterly installment plan if you apply to the tax collector by April 30 (for the coming tax year).
From a reputable summary[6]
Surplus after a tax sale
Any amount bid above the certificate holder’s statutory bid is surplus paid out by the clerk to lienholders and the former owner under § 197.582.
Checked against the official text[9]

Bankruptcy exemptions

Federal exemption list
State list only (opted out)

This state has opted out: in bankruptcy you use the state exemption list (plus federal non-bankruptcy exemptions), not the federal § 522(d) list.

From a reputable summary[10]
Homestead exemption
Unlimited (within acreage limits)Unlimited value within the acreage limits. In bankruptcy, full protection generally requires 40 months of residence (11 U.S.C. § 522(p)).(Fla. Const. art. X, § 4)
From a reputable summary[11]

Where to get free help

Free legal aid (LSC-funded)
Checked against the official text[13]
Legal help website
Checked against the official text[14]
State housing agency

The official site blocked our automated check on 2026-09-22; confirm the page before relying on it.

Not confirmed — check it[12]
Attorney general / consumer protection
Checked against the official text[15]
Court self-help
Checked against the official text[16]
HUD-approved housing counselors
HUD-approved housing counseling agencies — Free or low-cost, HUD-approved housing counselors in every state. Call or search by ZIP code.

Sources

Retrieved 2026-09-22. Official texts are marked “official”; summaries are marked “summary”.

  1. [1]Nolo — Florida Foreclosure Laws and Proceduressummary
  2. [2]Nolo — State Foreclosure Laws: 50-state chart (process, deficiency, redemption, reinstatement)summary
  3. [3]Fla. Stat. § 45.031 (official text, Online Sunshine)Fla. Stat. § 45.031official
  4. [4]Fla. Stat. § 45.0315 (official text, Online Sunshine)Fla. Stat. § 45.0315official
  5. [5]Fla. Stat. § 702.06 (official text, Online Sunshine)Fla. Stat. § 702.06official
  6. [6]Nolo — Florida Property Tax Sales and Tax Lienssummary
  7. [7]Fla. Stat. § 197.502 (official text, Online Sunshine)Fla. Stat. § 197.502official
  8. [8]Fla. Stat. § 197.252 (official text, Online Sunshine)Fla. Stat. § 197.252official
  9. [9]Fla. Stat. § 197.582 (official text, Online Sunshine)Fla. Stat. § 197.582official
  10. [10]Nolo — Federal Bankruptcy Exemptions — which states allow the federal list11 U.S.C. § 522(b)(2)summary
  11. [11]Asset Protection Planners — Homestead Exemptions by U.S. State and Territory (2026 chart with statute cites)summary
  12. [12]Florida Housing Finance Corporationofficial
  13. [13]Legal Services Corporation — Our Grantees (official list of LSC-funded programs by state)official
  14. [14]Home | Florida Law Help (official site, checked live)official
  15. [15]Consumer Protection Division | My Florida Legal (official site, checked live)official
  16. [16]Self-Help Information / Family Courts / Services - - Florida Courts (official site, checked live)official