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
Rush response within 24 hours
All Florida foreclosure cases are filed in the Circuit Court for your county. Select your county below for courthouse details, address, phone, hours, and the critical 20-day filing deadline.
Choose your Florida county from the dropdown to see your local Circuit Court information — address, phone number, hours, and the 20-day Answer deadline.
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URGENT: Florida has a strict 20-calendar-day Answer deadline — weekends and holidays count. Missing this deadline can result in a default judgment. Get a free case review now →
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.
Complaint & Lis Pendens Filed
Lender files foreclosure complaint in Circuit Court. Lis Pendens recorded against property. You are served with summons.
20 Days to Respond
File Answer & Affirmative Defenses within 20 calendar days. Raise standing challenges, TILA/RESPA violations, and demand original note production.
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.
Standing Challenge — Produce the Note
Under FL Stat. § 702.015 (enacted as HB 87, 2013), the foreclosing plaintiff must generally 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 law provides unique protections for homeowners in foreclosure — from the "produce the note" defense to the strongest homestead exemption in the nation.
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.
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.
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 is a judicial-only foreclosure state. The process is governed by Chapter 702 of the Florida Statutes:
| Stage | Timeline | Legal Authority | Homeowner Action |
|---|---|---|---|
| Pre-Filing Notice | 30-day notice of default with opportunity to cure, sent before complaint filed | FL Stat. § 702.06; Paragraph 22 of standard FL mortgage | Cure default or seek loss mitigation during this window |
| Complaint & Lis Pendens | Filed in Circuit Court; Lis Pendens recorded | FL Stat. § 48.23 | 20 calendar days to file Answer with affirmative defenses |
| Judicial Sale | After Final Judgment of Foreclosure; typically 6-18 months from filing | FL Stat. § 45.031 | No post-sale redemption in FL for judicial foreclosures |
These violations form the foundation of effective foreclosure defenses in Florida Circuit Court:
Remedy: Rescission up to 3 years, statutory damages up to $4,000, attorney's fees.
Remedy: Actual damages, statutory damages up to $2,000, attorney's fees.
Florida law recognizes the equitable right of redemption — the right to pay off the entire mortgage balance plus costs and fees at any point before the Clerk of Court issues the Certificate of Sale. This right exists under Florida common law and applies in every judicial foreclosure case up until the moment the gavel falls at auction.
Practically speaking, equitable redemption requires paying the full loan balance — not just the arrears — which makes it feasible primarily for homeowners who can refinance or sell before the auction. It is not the same as reinstatement, which only requires catching up on missed payments.
Key deadline: Redemption must occur before the Certificate of Sale is issued. After that, the right is extinguished. Contact the Clerk's office for the exact sale date and time — do not rely on your lender's representations.
Florida does not provide a statutory right of redemption after a judicial foreclosure sale. Once the Clerk issues the Certificate of Sale, your ownership rights are terminated. Unlike states such as Michigan (6-12 months) or Alabama (12 months), Florida law does not give former homeowners a post-sale window to reclaim the property by paying the auction price.
The reason: Florida's judicial foreclosure process already provides substantial homeowner protections — the lender must prove standing in Circuit Court, survive motions and potential trial, and obtain a Final Judgment. The Legislature has determined that the judicial process itself provides sufficient due process without an additional post-sale redemption period.
Limited exception: Under FL Stat. § 45.0315, a homeowner may file an objection to the sale within 10 days after the Certificate of Sale is filed if the sale was procedurally defective — but this is not a redemption right. It only challenges the validity of the sale itself and does not create a right to reclaim the property by payment.
Because Florida has no post-sale redemption, your entire defense must occur before the auction. This means filing an Answer with affirmative defenses within 20 days of service, challenging standing under FL Stat. § 702.015, asserting TILA/RESPA violations, negotiating a loan modification, or filing Chapter 13 bankruptcy to invoke the automatic stay. Once the Certificate of Sale is issued, your options are severely limited. Every day of delay reduces your leverage. For more on stopping a pending sale, see our guide to stopping a foreclosure sale.
If you've received a foreclosure complaint, lis pendens, or other notice in Florida, take these practical steps as soon as possible.
In Florida, you may receive a complaint, summons, and lis pendens. Read each one carefully and note who sent it and every date listed.
Florida law generally allows 20 calendar days to file a response after being served. Weekends and holidays count. Write down the exact date you were served.
Collect your mortgage, promissory note if available, recent statements, and all correspondence from your lender or servicer. Florida courts place heavy emphasis on the original note.
Failing to respond to a Florida foreclosure complaint can result in a default judgment. Take every court document seriously and consult a licensed Florida attorney about your legal options.
Foreclosure rescue scams are a serious problem. Verify any company through the Florida Attorney General's Office or the Florida Department of Financial Services.
Call (323) 813-4113 for a free consultation about document-preparation support for Florida foreclosure cases.
Important: Dream Legal Solutions is a document preparation service, not a law firm. We do not provide legal advice or represent you in court. For legal advice about your specific situation, consult a licensed Florida attorney.
Florida is a judicial foreclosure state — all foreclosures go through the Circuit Court. Understanding the notices you receive can help you respond appropriately. If you are unsure about any document, consult a licensed Florida attorney.
Most Florida mortgages (especially those using the standard Fannie Mae/Freddie Mac form) require the lender to send a notice of default — often called a Paragraph 22 letter — giving the borrower a specified period to cure the default before a foreclosure complaint is filed. This notice is required by the mortgage contract.
The formal foreclosure lawsuit begins when the lender files a complaint in Circuit Court and you are served with a summons. These are court documents — not just lender notices.
A lis pendens (Latin for "suit pending") is recorded in the public records at the same time the foreclosure complaint is filed. It serves as public notice that the property is subject to a lawsuit under Florida Statute § 48.23.
If the court enters a final judgment of foreclosure, a sale date will be set. The clerk will publish a notice of sale. Under Florida Statute § 45.031, the sale must be advertised once a week for two consecutive weeks in a newspaper of general circulation.
In Florida's judicial foreclosure system, failing to respond to a complaint within the time provided can result in a default judgment. A default may eliminate the opportunity to raise defenses.
Florida's "rocket docket" courts in some counties move foreclosure cases quickly. Waiting until a few days before the response deadline or sale date can limit your options.
Keep copies of everything — the complaint, your response, payment records, correspondence with the servicer, and all notices. Florida's "produce the note" defense depends on documentation.
A representative saying "the sale is postponed" or "your modification is being reviewed" is not the same as written confirmation. Always request documentation.
Some foreclosure rescue operations charge upfront fees without providing real help. The Florida Attorney General's Office actively prosecutes foreclosure rescue fraud. Verify any company through official channels.
Gathering these documents can help you and any professional you work with evaluate your situation. Florida courts place heavy emphasis on the original promissory note — locate it if possible.
Tip: This checklist is printer-friendly. Press Ctrl+P (or Cmd+P on Mac) to print.
We review the information you provide — what notices you have received, whether a complaint has been filed, and where you are in the Florida judicial foreclosure process.
We explain the document-preparation services Dream Legal Solutions provides — such as preparing an Answer with affirmative defenses, motions, or other documents — and identify when a licensed Florida attorney may be needed. We do not provide legal advice or represent you in court.
If your matter fits within our services, we explain what documents and information we need from you, the applicable service terms, and the next steps before work begins.
We prepare the agreed-upon documents and provide practical instructions within the scope of the services you have retained. For Florida Circuit Court filings, we can provide guidance on where and how to file, but you file the documents yourself or through a licensed attorney.
Important: Dream Legal Solutions is a document preparation service. We are not a law firm. We do not provide legal advice, represent clients in court, or file documents on your behalf. For legal advice regarding your specific Florida foreclosure, consult a licensed Florida attorney.
Official Florida State Courts website. Find your Circuit Court, access forms, and locate self-help resources. flcourts.gov
Find HUD-approved housing counseling agencies in Florida. hud.gov/findacounselor
Lawyer referral service and attorney license verification. floridabar.org
Consumer protection, foreclosure rescue scam alerts. myfloridalegal.com
File a complaint about your mortgage servicer. consumerfinance.gov/complaint
Free and low-cost legal aid programs in Florida. floridalawhelp.org
State housing programs and foreclosure prevention resources. floridahousing.org
Mortgage relief options and scam prevention. ftc.gov/mortgages
Disclaimer: Dream Legal Solutions is not affiliated with any of the organizations listed above. These links are provided for informational purposes only.
These federal statutes provide protections for homeowners nationwide and can be raised in Florida Circuit Court foreclosure proceedings.
Truth in Lending Act — disclosure and rescission rights
Servicing rules and Qualified Written Requests
Fair Debt Collection Practices Act
Filing effective servicer complaints
Foreclosing while reviewing mitigation
High-cost mortgage protections
Confused by terms like "lis pendens," "standing," or "condition precedent"? Our glossary explains foreclosure and mortgage terminology in plain English.
Filing bankruptcy triggers an automatic stay that immediately halts all foreclosure proceedings in Florida — including an auction scheduled for that same day. Understanding how Chapter 7 and Chapter 13 interact with Florida's judicial foreclosure process is essential to making the right decision.
Chapter 7 triggers the automatic stay under 11 U.S.C. § 362, immediately pausing the Florida Circuit Court foreclosure case. The stay typically buys 30-90 days while the bankruptcy trustee administers the case. However, the lender will almost always file a Motion for Relief from Stay to resume foreclosure. Chapter 7 may discharge your personal liability on the mortgage — meaning you walk away from the home without a deficiency — but it does not permanently stop the foreclosure itself.
Florida consideration: Because Florida's homestead exemption (FL Const. Art. X § 4) protects unlimited equity in your primary residence, Chapter 7 trustees generally cannot liquidate your home to pay creditors. Combined with Florida's strong anti-deficiency protections for homestead property, Chapter 7 can be a clean exit strategy for homeowners who cannot or do not wish to keep the home.
Chapter 13 is the reorganization option for homeowners who want to keep their property. You propose a 3-5 year repayment plan that catches up mortgage arrears while you make ongoing mortgage payments. The automatic stay remains in effect throughout the plan — providing long-term protection from foreclosure — as long as plan payments are made. Chapter 13 can also "strip" wholly unsecured junior liens (second mortgages or HELOCs) from your property.
Florida consideration: The Middle District of Florida (including Tampa, Orlando, and Jacksonville) and the Southern District (Miami, Fort Lauderdale, West Palm Beach) process Chapter 13 cases efficiently. Florida's judicial foreclosure timeline of 6-18 months gives most homeowners sufficient time to file Chapter 13 before the sale date — but do not wait until the eve of sale.
When to Seek Legal Advice
Bankruptcy is a serious legal decision with long-term credit consequences. Chapter 13 stays on your credit report for 7 years; Chapter 7 for 10 years. You should consult a licensed Florida bankruptcy attorney to evaluate whether bankruptcy is the right strategy for your specific financial situation. Dream Legal Solutions is a document preparation service — we do not file bankruptcy petitions but can help you understand how foreclosure defenses and bankruptcy interact as part of your overall strategy.
Florida-specific Answer admitting/denying each allegation with affirmative defenses including standing, statute of limitations, and condition precedent.
Motion challenging lender's standing under Florida HB 87 — demanding production of original note and proof of authority to foreclose.
Audit identifying TILA/RESPA violations, excessive fees, and mortgage servicer errors — used as court exhibits and settlement leverage.
Counterclaims for FDCPA, FCCPA (Florida Consumer Collection Practices Act), and RESPA violations — turning defense into offense.
Documents formatted for all 67 Florida Circuit Courts — Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Duval, and every other FL county.
Leverage strong FL defenses and homestead protection to negotiate loan modification, short sale, deed in lieu, or cash for keys.
Real experiences from Florida homeowners who worked with our document preparation team during the foreclosure process. Results vary — these reviews reflect individual experiences.
"I received a foreclosure summons from the Miami-Dade Circuit Court and had no idea where to start. The team walked me through every document I needed and prepared a detailed Answer with affirmative defenses. They helped me understand what the 20-day deadline meant and got everything organized quickly."
Maria R.
Miami, FL • Served with foreclosure summons
"I was behind on my mortgage in Orlando and received a Lis Pendens notice. I didn't understand what it meant or how much time I had. Dream Legal Solutions explained everything clearly, reviewed my mortgage documents, and prepared the paperwork I needed for the Orange County Circuit Court. Professional, responsive, and organized."
James T.
Orlando, FL • Behind on payments
"I was confused about the whole process when my lender filed in Tampa. The team was incredibly responsive — they returned my call the same day and helped me gather all the right mortgage records. They prepared everything I needed and explained the Hillsborough County filing procedures. Having someone who actually knows Florida foreclosure law made a huge difference."
Sarah H.
Tampa, FL • Lender filed complaint
"We had a complicated situation in Jacksonville with a securitized loan and multiple assignments. The document audit found serious issues with the chain of title and missing assignments. Dream Legal Solutions prepared all our counterclaims and we had strong documentation to present. Their Florida-specific knowledge was invaluable."
David & Linda W.
Jacksonville, FL • Complex loan situation
"I almost ignored the summons because I thought there was nothing I could do. A friend told me about the 20-day deadline and I called Dream Legal Solutions. They explained what affirmative defenses I could raise, prepared my Answer, and helped me understand the 'produce the note' defense under Florida law. I felt informed and supported through the whole thing."
Kevin P.
Fort Lauderdale, FL • Almost missed deadline
"As a single mom in West Palm Beach facing foreclosure, I was terrified. The team was patient, thorough, and took time to explain every document. They helped me organize my financial information for a loan modification package and prepared all my court documents. I finally felt like I had someone on my side who understood Florida's system."
Cynthia B.
West Palm Beach, FL • Loan modification + defense
Important: These testimonials reflect individual client experiences. Dream Legal Solutions is a document preparation service, not a law firm. We do not provide legal advice or represent clients in court. Results vary based on individual circumstances. For legal advice, consult a licensed Florida attorney.
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.
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
Major Cities We Serve