Facing Foreclosure in Florida?

Florida uses judicial foreclosure. In Florida, the bank can foreclose in roughly 330 days from the first notice to the sale date — though the actual timeline depends on how you respond and which protections apply. When 12 C.F.R. § 1024.41 applies to a principal-residence mortgage, the rule generally bars a servicer in an ordinary delinquency-based foreclosure from making the first notice or filing until the loan is more than 120 days delinquent. Limited exceptions apply to due-on-sale violations and joining a superior or subordinate lienholder's foreclosure.

Yes. You have several options: (1) Reinstatement — pay all missed payments plus fees to bring your loan current. (2) Loan modification — if 12 C.F.R. § 1024.41 applies to a mortgage secured by your principal residence and no § 1024.30 exemption applies, including exemptions for small servicers, reverse-mortgage transactions, and qualified lenders, a complete application received more than 37 days before a scheduled sale generally requires evaluation for available options and a written decision; the rule does not require a particular modification. (3) Forbearance — temporary payment pause. (4) Bankruptcy — triggers an automatic stay that halts the sale immediately. (5) Short sale — sell the property before the lender does.

Florida limits deficiency judgments. Your lender's ability to pursue you for the remaining balance is restricted by state law. Requirements may include fair market value credits or time limitations. See our Florida foreclosure law guide for specific details.

Yes. There are 89 HUD-approved counseling agencies in Florida. Call 1-800-569-4287 for a free referral. HUD counselors can negotiate with your servicer on your behalf at no cost to you. Find one near you.

Florida's homestead exemption is unlimited in value (subject to acreage limits). However, this exemption does not protect your home from mortgage foreclosure. It only protects equity from unsecured creditors like credit card companies.

Government-backed loans have additional protections beyond Florida state law. FHA loans require a face-to-face meeting attempt before foreclosure. VA loans require the servicer to explore all alternatives. USDA loans have their own loss mitigation process. These protections generally extend the timeline beyond the state minimums.

Federal law (the Protecting Tenants at Foreclosure Act) gives tenants with valid leases at least 90 days' notice before they must vacate after a foreclosure sale. 90 days written notice to vacate for bona fide tenants after foreclosure. If you rent out the property, notify your tenants as soon as possible and advise them to document their lease.

Yes. If your Florida home sells at auction for more than the total owed (including fees and costs), you have the right to claim the difference. 60 days after the clerk issues a certificate of disbursements.. Contact the county clerk, court, or trustee who conducted the sale. These funds can be significant — don't assume nothing is left.

Funds are limited. The Florida Homeowner Assistance Fund is winding down and may close soon. Check current availability at the program website. Apply immediately if you need help — these funds are first-come, first-served.

Yes. A short sale lets you sell your home for less than you owe, with your lender's approval. In Florida, florida law does NOT automatically prohibit deficiency judgments after a short sale. Unlike California, Florida has no statutory anti-deficiency protection for short sales. Contact a HUD-approved counselor to evaluate whether a short sale makes sense for your situation.