How does foreclosure work in Florida, and how long does it take?

Judicial or non-judicial?

Judicial, always. Section 702.01 requires every mortgage to be foreclosed “in equity,” so the lender must sue; there is no out-of-court trustee sale. The claim is “tried to the court without a jury.” For a one- to four-family home, the complaint must state that the plaintiff holds the original note or explain why it may enforce it (§ 702.015).

Timeline step by step

1. Missed payments. Under federal servicing rules, “your servicer can’t start the foreclosure process until at least 120 days after you become delinquent on your loan,” except in rare cases (CFPB).
2. Lawsuit and answer. Once served, you “must serve an answer within 20 days” (Florida Rules of Civil Procedure, Rule 1.140(a)(1), as of October 1, 2026). The Miami-Dade Clerk warns that without an answer, you may lose the chance to present a defense.
3. Fast track, if requested. The lender can ask for an order to show cause (§ 702.10). The hearing cannot come sooner than the later of 20 days after service of the order or 45 days after service of the complaint. If you file no defenses and do not appear, the court may enter judgment there.
4. Final judgment. In an uncontested case where the lender waives any deficiency, the court must enter judgment within 90 days after the close of pleadings (§ 702.065(1)).
5. Notice and sale. The clerk advertises the sale for 2 consecutive weeks (§ 45.031(2)) and auctions the home not less than 20 or more than 35 days after the judgment, unless the plaintiff agrees to a later date (§ 45.031(1)(a)). The winning bidder posts a 5% deposit. In Miami-Dade, bidders register on the Clerk’s online foreclosure sales page.
6. Certificate of sale. The clerk files it after the sale. It ends the right of redemption.
7. Certificate of title. If no objection is filed within 10 days, the clerk files a certificate of title and title passes to the buyer (§ 45.031(5)-(6)).
8. Surplus. Money left after the judgment and timely junior lien claims goes to the owner of record (§ 45.032). A homestead judgment must say, in capital letters, “YOU ARE NOT REQUIRED TO HAVE A LAWYER” to claim it (§ 45.031(1)(b)).

How long does it take?

Example: a Miami homeowner on the fastest legal track. The payment due March 1, 2026 is missed. The loan is 120 days delinquent on June 29, 2026. The lender files and serves the complaint and an order to show cause on July 10. The answer is due July 30. The earliest show-cause hearing is August 24 (45 days after service of the complaint). If the owner does not respond and judgment is entered that day, the sale can be set from September 13 to September 28. A sale on September 14 with no objection leads to a certificate of title around September 24: about six and a half months after the first missed payment. That is a legal floor, not a forecast; a filed defense, a loss mitigation application or a bankruptcy pushes it back.

Right of redemption

Under § 45.0315, the owner or a junior lienholder may stop the sale by paying the amount set in the judgment, at any time before the later of the filing of the certificate of sale or the time stated in the judgment. “Otherwise, there is no right of redemption.”

The Miami-Dade Clerk explains that redeeming means paying the full final judgment, with interest, fees and costs, to its Foreclosure Unit.

Before the sale, the court may also set aside the judgment and dismiss the case once court costs are paid (§ 702.07), for example after a reinstatement agreed with the lender.

Deficiency judgments

If the sale does not cover the debt, the court has discretion to award a deficiency (§ 702.06). For an owner-occupied home, the deficiency cannot exceed the judgment amount minus the property’s fair market value on the date of sale. A home with a homestead exemption on the latest tax roll is presumed owner-occupied.

For a mortgage on a one- to four-family home, a deficiency claim must be brought within 1 year, starting the day after the clerk issues the certificate or the lender accepts a deed in lieu of foreclosure (§ 95.11(6)(g)).

Help for homeowners in default

• HUD-approved housing counselors: call (800) 569-4287 to find one, or the Homeowners Hope Hotline at (888) 995-HOPE (HUD).
• Apply to your servicer early: the CFPB says to make sure the servicer receives your complete application “more than 37 days before your scheduled foreclosure sale.”
• Answer the lawsuit: the 20-day clock runs from service. The Miami-Dade Clerk lists a local legal aid office for homeowners who cannot afford a lawyer. See also when to hire a Florida real estate attorney.

Related: Florida property tax, Miami housing data and the escrow account.