Florida Foreclosure Process: Judicial Sale, Redemption and Your Options

Last updated November 14, 2026. Citations come from the Florida statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.

Florida foreclosures go through court: after final judgment the clerk sells the property at public auction, generally 20 to 35 days later, and the owner can redeem until the clerk files the certificate of sale. This guide covers what Chapters 45 and 702 say; we did not confirm pre-suit notices or mediation programs.

The sale

• In the order or final judgment of foreclosure the court directs the clerk to sell the property at public sale on a specified day not less than 20 days nor more than 35 days after the judgment (a later sale is allowed if the plaintiff consents). (Fla. Stat. Sec. 45.031(1)(a))
• Notice of sale must be published on a publicly accessible website under s. 50.0311 for at least 2 consecutive weeks before the sale, or once a week for 2 consecutive weeks in a newspaper (second newspaper publication at least 5 days before the sale). (Fla. Stat. Sec. 45.031(2))
• At the sale the successful high bidder posts a deposit equal to 5 percent of the final bid with the clerk; if final payment is not made in the prescribed period the clerk readvertises and pays costs from the deposit. (Fla. Stat. Sec. 45.031(3))
• If no objections to the sale are filed within 10 days after the certificate of sale is filed, the clerk files a certificate of title; when it is filed the sale stands confirmed and title passes to the purchaser without further proceedings, and the clerk records it. (Fla. Stat. Sec. 45.031(5)-(6))

Redemption, deficiency and surplus

• Right of redemption: at any time before the later of the clerk's filing of the certificate of sale or the time specified in the foreclosure judgment, the mortgagor or a subordinate interest holder may cure the debt and stop the sale by paying the amount in the judgment (or tendering performance due plus reasonable expenses and attorney's fees). 'Otherwise, there is no right of redemption.' (Fla. Stat. Sec. 45.0315).
• Deficiency: entry of a deficiency decree is within the court's discretion, but for owner-occupied residential property the deficiency may not exceed the difference between the judgment amount (or outstanding debt in a short sale) and the fair market value on the date of sale. A property that had a homestead exemption on the latest certified roll before the foreclosure filing is rebuttably presumed owner-occupied. (Fla. Stat. Sec. 702.06)
• Surplus funds: the final judgment must warn that subordinate lienholders must file a claim no later than the date the clerk reports the funds as unclaimed; homestead-exempt owners are told to check with the clerk within 10 days after the sale. After funds are reported unclaimed, only the owner of record as of the lis pendens date may claim the surplus. (Fla. Stat. Sec. 45.031(1)(a)-(b), (7)(b))

After the sale

• Any party may object to the amount of the bid within 10 days after the certificate of sale is filed; the bid is conclusively presumed sufficient consideration, and the bid may be considered in setting any deficiency. (Fla. Stat. Sec. 45.031(8))
• Finality of foreclosure judgment: if the challenger was properly served, appeal periods have run, and the property was acquired for value by an unaffiliated person with no lis pendens of record, a challenge to the judgment is treated solely as a claim for monetary damages and cannot adversely affect title. (History: s. 4, ch. 2013-137; s. 3, ch. 2023-215.) (Fla. Stat. Sec. 702.036(2)(a)).
• If a party seeking relief from a foreclosure judgment claims a lien superior to the foreclosed lien, the court must award reasonable attorney fees to the prevailing party on that claim. (Fla. Stat. Sec. 702.036(5))
• On a lienholder's request the court may issue an order to show cause for final judgment; the hearing may not occur sooner than the later of 20 days after service of the order or 45 days after service of the initial complaint (30 days after first publication if served by publication); the mortgage payment-during-foreclosure provision does not apply to an owner-occupied residence. (Fla. Stat. Sec. 702.10)
• Doc stamp tax on the clerk's certificate of title in a foreclosure sale is computed on the highest and best bid. (Fla. Stat. Sec. 201.02(9))

What we could not confirm

• Pre-suit notice requirements and mediation programs.
• Pre-suit notice (paragraph 22 notice) and mediation programs not opened.
• Writ of possession after certificate of title (s. 45.031 is silent; s. 83.62 not opened).

How to sell a house in Florida when this applies to you

1. Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
2. Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
3. Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
4. If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Florida.

Florida Foreclosure Process FAQ

How long after judgment is a Florida foreclosure sale?

The court directs a sale on a specified day not less than 20 nor more than 35 days after the judgment, with exceptions (Sec. 45.031).

Can I stop the sale?

The owner can redeem by paying the debt before the later of the clerk filing the certificate of sale or the time in the judgment (Sec. 45.0315).

Can the lender seek a deficiency?

A deficiency decree is discretionary, and for owner-occupied residential property it is capped as Sec. 702.06 states.

Can I sell before the auction?

Yes. A sale that closes before the auction can pay off the loan from the proceeds, and any equity left is yours.

Can I sell my Florida house as-is?

Yes. A cash buyer purchases as-is, and the title company pays any mortgage and unpaid property tax from the proceeds at closing.

Sources

• Fla. Stat. Sec. 201.02(1)(a)
• Fla. Stat. Sec. 45.031(1)(a)
• Fla. Stat. Sec. 45.0315
• Fla. Stat. Sec. 702.06
• Fla. Stat. Sec. 702.036(2)(a)
• Fla. Stat. Sec. 702.10

This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Florida Florida attorney or tax professional.