Florida Homeowners

Florida Foreclosure Defense
Document Preparation

Florida is a judicial foreclosure state with one of the highest foreclosure rates in the country. You have 20 days to respond to a foreclosure summons. Our team prepares Answers, affirmative defenses, and counterclaims for FL homeowners in all 67 counties.

Judicial Foreclosure

Court-supervised process

20-Day Response

File Answer or lose by default

67 Circuit Courts

County-specific procedures

Florida HB 87

Lender must prove standing

FL Foreclosure Process

Florida Foreclosure: Judicial Process

All Florida foreclosures go through the Circuit Court. The lender must prove standing to foreclose — and Florida law provides strong defenses when the lender can't produce the original note.

Florida Foreclosure Timeline

1

Complaint & Lis Pendens Filed

Lender files foreclosure complaint in Circuit Court. Lis Pendens recorded against property. You are served with summons.

2

20 Days to Respond

File Answer & Affirmative Defenses within 20 calendar days. Raise standing challenges, TILA/RESPA violations, and demand original note production.

3

Summary Judgment or Trial

If defenses are strong, lender may not win summary judgment. Case proceeds to discovery and potentially trial. Settlement common before trial.

Florida's 20-day response deadline is strict. Weekends and holidays count. Missing this deadline = automatic default judgment.

Florida-Specific Defenses

Standing Challenge — Produce the Note

Under Florida law (HB 87), the lender MUST prove they hold the original promissory note. If they can't produce it, the case should be dismissed.

Statute of Limitations

Florida's 5-year statute of limitations on foreclosure. If the lender previously accelerated the loan more than 5 years ago, the case may be time-barred.

Condition Precedent

Florida requires lenders to send a default notice with opportunity to cure BEFORE filing. Failure to comply is a viable defense.

Homestead Protection

Florida's strong homestead exemption under FL Const. Art. X § 4 protects primary residences — valuable negotiating leverage in settlement discussions and a shield against deficiency judgments.

Florida Homeowner Legal Rights

Florida law provides unique protections for homeowners in foreclosure — from the "produce the note" defense to the strongest homestead exemption in the nation.

Produce the Original Note

Under FL Stat. § 702.015 and case law (HSBC Bank USA v. Buset, 2019), the foreclosing plaintiff must prove possession of the original promissory note at the time the complaint is filed. If the lender cannot produce the note — especially in securitized loans — this is a powerful defense to dismissal.

Homestead Protection

Florida Constitution Article X § 4 provides one of the strongest homestead protections in the US — shielding primary residences from forced sale by most creditors and substantially limiting deficiency judgment exposure after foreclosure.

5-Year Statute of Limitations

Under FL Stat. § 95.11(2)(c), foreclosure actions must be brought within 5 years. If the lender previously accelerated the note and more than 5 years have passed without a foreclosure filing or dismissal of a prior action, the claim may be time-barred (Bartram v. U.S. Bank, 2016).

Florida Foreclosure Notice of Default & Sale Timeline

Florida is a judicial-only foreclosure state. The process is governed by Chapter 702 of the Florida Statutes:

StageTimelineLegal AuthorityHomeowner Action
Pre-Filing Notice30-day notice of default with opportunity to cure, sent before complaint filedFL Stat. § 702.06; Paragraph 22 of standard FL mortgageCure default or seek loss mitigation during this window
Complaint & Lis PendensFiled in Circuit Court; Lis Pendens recordedFL Stat. § 48.2320 calendar days to file Answer with affirmative defenses
Judicial SaleAfter Final Judgment of Foreclosure; typically 6-18 months from filingFL Stat. § 45.031No post-sale redemption in FL for judicial foreclosures

Common Lender Violations in Florida Foreclosures

These violations form the foundation of effective foreclosure defenses in Florida Circuit Court:

TILA Violations

  • Failure to disclose APR, finance charges, and total cost of credit — extends rescission right to 3 years under 15 U.S.C. § 1635
  • Failure to provide Notice of Right to Cancel — 3-year extended rescission
  • HOEPA high-cost loan violations — FL has additional protections for high-cost loans

Remedy: Rescission up to 3 years, statutory damages up to $4,000, attorney's fees.

RESPA Violations

  • Failure to acknowledge a Qualified Written Request within 5 days and respond within 30 days — 12 U.S.C. § 2605(e)
  • Improperly applied payments, escrow miscalculations, force-placed insurance
  • Dual tracking while loan modification application is pending

Remedy: Actual damages, statutory damages up to $2,000, attorney's fees.

Florida-Specific Violations

  • Condition Precedent Failure: Lender failed to send required Paragraph 22 default notice with proper cure period before filing suit
  • Lost Note Affidavit Issues: Lender claims note was lost but cannot prove ownership or chain of custody
  • 5-Year Statute Bar: Prior foreclosure action dismissed more than 5 years ago — may bar re-filing

Wrongful Foreclosure Defenses

  • Lack of Standing: Plaintiff cannot prove ownership of the note at time of filing — critical under FL Stat. § 702.015
  • MERS/Securitization Issues: Broken chain of assignments, improper MERS transfers
  • Rocket Docket Defense: Challenge expedited proceedings in FL's "rocket docket" courts
FL Services

Florida Foreclosure Defense Services

Answer & Affirmative Defenses

Florida-specific Answer admitting/denying each allegation with affirmative defenses including standing, statute of limitations, and condition precedent.

Motion to Dismiss

Motion challenging lender's standing under Florida HB 87 — demanding production of original note and proof of authority to foreclose.

Forensic Loan Audit

Audit identifying TILA/RESPA violations, excessive fees, and mortgage servicer errors — used as court exhibits and settlement leverage.

Counterclaims

Counterclaims for FDCPA, FCCPA (Florida Consumer Collection Practices Act), and RESPA violations — turning defense into offense.

67-County Filing

Documents formatted for all 67 Florida Circuit Courts — Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Duval, and every other FL county.

Settlement Package

Leverage strong FL defenses and homestead protection to negotiate loan modification, short sale, deed in lieu, or cash for keys.

Florida FAQ

Florida Foreclosure FAQs

How long does a Florida foreclosure take?

What is Florida's "produce the note" defense?

Does Florida have a right of redemption?

How does Florida homestead protection help in foreclosure defense?

What is the statute of limitations on foreclosure in Florida?

What is Florida's "rocket docket" and how does it affect me?

Can I get a free case evaluation for my Florida foreclosure?

Get a Free Florida Foreclosure Case Evaluation

Florida gives you 20 days to respond after service. Contact us immediately for a free case evaluation — we'll identify standing issues, TILA/RESPA violations, statute of limitations defenses, and prepare your Answer for the FL Circuit Court.

20 Days — Don't Wait

Florida Foreclosure Help — Free Case Review

You have 20 days to file an Answer in Florida. Our team prepares Answers with standing challenges, affirmative defenses, and counterclaims for all 67 FL Circuit Courts.

67

FL Counties

20

Day Deadline

30+

Years Experience