Florida Foreclosure

Can you sell your house before a Florida foreclosure auction?

Yes, in most cases. Foreclosure in Florida goes through the court, and a sale is not final until the auction is held. Here is what a lis pendens is, what the auction timeline looks like, and the choices you still have.

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The short answer

Yes. Florida is a judicial foreclosure state: a foreclosure is a lawsuit in circuit court, and the house belongs to the owner until the clerk's auction is held and the sale is complete. Until then the owner can generally sell, and the lender is paid off at closing. If the sale price is lower than the payoff, the lender has to agree.

Foreclosure procedure is covered by Chapter 702 and the judicial sale rules in Chapter 45 of the Florida Statutes. Howler Property Group LLC, a Tampa-based company that buys Florida houses directly, publishes this guide and buys houses in pre-foreclosure as-is.

How does a Florida foreclosure work, step by step?

  1. Missed payments. The lender sends notices and then files a foreclosure complaint in the circuit court of the county where the property is located.
  2. Lis pendens. The lender records a notice of lawsuit, called a lis pendens (section 48.23), in the county's official records. It warns the public that the property is part of a pending case. It does not mean the house has been sold.
  3. Response deadline. A homeowner who is served with the complaint generally has 20 days to file a response under the Florida Rules of Civil Procedure. A missed date can lead to a default.
  4. Judgment. If the case is not resolved, the court enters a final judgment of foreclosure and sets a sale date. Under section 45.031 a sale date set in the judgment falls between 20 and 35 days after it.
  5. Auction. The clerk of court sells the property at a public auction, and many counties run these online.
  6. After the sale. The clerk files a certificate of sale. If no objection is filed within 10 days, the clerk files a certificate of title. Any money above what is owed can be claimed by the former owner.

What can you still do after a foreclosure is filed in Florida?

  • Reinstate or pay off. Section 45.0315 gives the owner a right of redemption: the full amount owed can be paid at any point until the clerk files the certificate of sale.
  • Sell the house. A normal sale closes, the lender is paid from the proceeds, and the case is resolved.
  • Ask the lender about a short sale. If the house would sell for less than the payoff, the lender must approve the sale.
  • Get help. A Florida attorney can read the case file. HUD-approved housing counselors are a free resource for homeowners behind on a mortgage.

What should a homeowner watch for in a Florida foreclosure?

  • Court deadlines are real. A missed response date can lead to a default judgment.
  • Selling does not wipe out a mortgage balance bigger than the sale price, so confirm with the lender in writing how a shortfall is handled.

Where does Howler Property Group fit in?

Howler Property Group buys Florida houses as-is, including ones in pre-foreclosure, with no repairs on your side. We do not give legal advice, and any case deadline is something to confirm with your attorney. More on this: behind on payments in Tampa.

Written 2026-10-26. This page is general information, not legal or tax advice, and we are not a law firm. For your own deadlines and rights, talk to a Florida attorney.

Related questions

Good Questions

Frequently asked

What is a lis pendens in a Florida foreclosure?
It is a notice of pending lawsuit recorded in the county's official records. It tells the public the property is part of a court case; it does not mean the property has been sold.
Can I sell my house after a foreclosure has been filed in Florida?
Generally yes, until the sale is complete. The lender is paid from the closing proceeds, and if the price is lower than the payoff the lender has to agree to the sale.
Who conducts a foreclosure auction in Florida?
The clerk of the circuit court in the county where the property is located conducts the public sale, and many counties hold it online.
How long can I redeem my property in a Florida foreclosure?
A Florida owner can generally pay the full amount owed until the clerk files the certificate of sale. An attorney can confirm the date in a specific case.
Who can help a Florida homeowner facing foreclosure?
A Florida attorney can read the case file and check deadlines. HUD-approved housing counselors offer free guidance to homeowners behind on a mortgage.
How long does a homeowner have to respond to a Florida foreclosure lawsuit?
A served homeowner generally has 20 days to file a response under the Florida Rules of Civil Procedure. An attorney can confirm the deadline from the date on your summons.