Selling a House in Foreclosure in Florida
Yes, you can usually sell a house in foreclosure in Florida. Every residential foreclosure here goes through the circuit court, which takes time and gives you dates to work with. You have a short window to respond once you're served, and the clerk eventually sells the house at a public auction, online in Orange County and most large counties. Your right to redeem ends when the clerk files the certificate of sale, unless the judgment gives more time, and there's no redemption period after that. If the sale brings more than what's owed, you can claim the surplus.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Florida homeowners who are behind on the mortgage or have been served with a foreclosure lawsuit. General information, not legal advice. Talk to a Florida foreclosure attorney or a HUD-approved counselor right away.
Florida Foreclosures Go Through the Court
- 1Default
Federal rules generally keep the servicer from filing until you're more than 120 days behind.
- 2The lawsuit
The lender files in circuit court and records a lis pendens. Once you're served, you have about 20 days to respond.
- 3Final judgment
By default, summary judgment or trial. The judgment sets the sale date.
- 4The clerk's sale
A public auction run by the clerk of court, usually online.
- 5Certificate of sale and title
The clerk files a certificate of sale, then issues title to the buyer if no one objects.
Contested Florida foreclosures can take many months, sometimes longer. An uncontested one moves faster. Either way, the lis pendens means any buyer and title company will see the case.
Don't Let the Response Deadline Pass
Ignoring the summons usually means a default and a quicker sale date. A response, even if you plan to sell, keeps you informed of every hearing and can buy time to close. Many Florida courts and clerks offer foreclosure resources; Orange County's clerk partners with the local bar to provide them. (Orange County Clerk of Courts – Foreclosures)
Ways Out Before the Auction
- Bring it currentGet a written reinstatement figure and pay the arrears, fees and costs.
- ModificationSend a complete application early; timing affects your federal protections.
- SellThe loan is paid off at closing and you keep the remaining equity.
- Short saleThe lender accepts less than the payoff, with its approval.
- Deed in lieuYou give the house back instead of going to auction, if the lender agrees.
- BankruptcyPauses the case; Chapter 13 can spread out the arrears.
A HUD-approved housing counselor can walk you through these for free. (CFPB – Find a Housing Counselor)
Want a Number to Compare Against?
Tell me the sale date and about the house. I'll compare an as-is number to your payoff, and tell you if a listing or a workout makes more sense.
Redemption Ends at the Certificate of Sale
You can stop the sale by paying the amount in the judgment any time before the later of the clerk filing the certificate of sale or the time set in the judgment. After that, Florida gives no right of redemption. (Fla. Stat. § 45.0315) That's the real deadline for selling on your own terms, and a private sale has to close before it.
Florida doesn't give you months after the auction to buy it back. If you want to protect your equity, the sale to a buyer you choose has to close before the clerk's sale.
Clerk Auctions Are Online
Orange County's clerk runs foreclosure sales online, and most large Florida counties do the same. Look up your case on the clerk's site for the sale date.
Surplus Money Belongs to You
If the auction brings more than the judgment and costs, the clerk holds the surplus. The owner of record can claim it, and if no junior lienholders are involved, the court orders it paid to the owner. (Fla. Stat. § 45.032) Be careful with anyone who contacts you offering to "recover" it for a big cut; the clerk can help you claim it directly.
If the Sale Doesn't Cover the Debt
Florida lenders can seek a deficiency, but for a one- to four-family home, a separate deficiency lawsuit has to be brought within one year after the certificate of sale is issued or a deed in lieu is accepted. (Fla. Stat. § 95.11) A short sale or deed in lieu can often settle the deficiency up front, so ask in writing.
Check Your Equity First
Add the payoff, back interest, fees, the lender's legal costs, any second mortgage, HOA liens and back taxes. Compare it to what the house would really sell for today, accounting for the roof and insurability. If you're ahead, an auction puts that money at risk.
Listing vs. an As-Is Sale
With equity, a market-ready house and enough time before the sale date, listing can bring more. Make sure the agent knows the court dates and that buyers can get insurance on the roof.
When the sale date is close or the house needs work, an as-is sale can close in time. If you want the least hassle, sell it as-is to a real estate investor: no open houses, no repair punch list, nothing to clear out, and you decide when to close. With Dennis Buys Houses, leaving things behind is part of the deal. Grab what you care about and leave the rest. If anything we find looks personal or valuable, we'll reach out and get it back to you.
HOA Foreclosures
In Florida, an HOA or condo association can foreclose its own lien for unpaid dues, even when the mortgage is current. Treat an association lawsuit as seriously as a lender's.
Taxes, Liens and Estates
Unpaid property taxes lead to tax certificates and, eventually, a tax deed. (See Selling a House With Delinquent Property Taxes in Florida.) If the owner died, the estate or heirs need authority to sell. (See How to Sell a House in Probate in Florida.)
Rescue Scams and Surplus Hunters
Foreclosure filings are public, and they bring a flood of mail. Be wary of upfront fees, anyone who tells you to stop talking to your lender, deed-and-rent-back promises, and surplus "recovery" deals that take a large share of money you could claim yourself.
Mistakes to Avoid
- Missing the deadline to respond to the lawsuit.
- Thinking you can redeem after the certificate of sale.
- Ignoring an HOA foreclosure because the mortgage is current.
- Signing away a surplus to a stranger.
- Moving out and forgetting the equity.
- Guessing at the payoff instead of getting it in writing.
Where I Fit, and Where I Don't
I'm most useful when the clerk's sale is coming up, the house needs work or has an old roof, you've moved out, or you need a firm closing date.
And with Dennis Buys Houses, there's no clean-out. Whatever you leave, we'll deal with.
If you can reinstate, get a modification, or list a market-ready house in time, that's probably your better move. I'll tell you.
Either way, I'll tell you upfront if I'm the right fit or not.
Frequently Asked Questions
Usually, yes, until the clerk files the certificate of sale. The sale has to pay off the loan, or the lender has to approve a short sale.
Often many months because it goes through court. Contested cases can take longer.
No. Redemption ends when the clerk files the certificate of sale, unless the judgment allows more time.
No. With an as-is sale, you can take what matters to you and leave the rest. Dennis Buys Houses handles what's left.
The clerk holds it and the former owner can claim it through the court. You don't need to pay a recovery company.
Possibly, but for a one- to four-family home it generally has to sue within one year after the certificate of sale.
Orange County Clerk of Courts – Foreclosures and CFPB – Find a Housing Counselor are good places to start. Key statutes: Fla. Stat. § 45.0315 (redemption) and Fla. Stat. § 45.032 (surplus).
Florida Selling Guides
- How to Sell a House in Probate in Florida
- Selling an Inherited House in Florida
- Selling a Vacant House in Florida
- Selling a House With Bad Tenants in Florida
- Selling a House With Delinquent Property Taxes in Florida
Has the Clerk Set a Sale Date?
Send me the date, the payoff and the condition. You'll get my honest read on whether to sell, reinstate or list, and a firm as-is number if selling wins.