Florida homeowners have only 20 calendar days from the date they are served to file a written Answer with the Florida Circuit Court. Missing this deadline results in a default judgment — the bank wins automatically. Here is exactly what you need to do, where to file, and how to protect your home.
Confirm Your Deadline: 20 Calendar Days
Florida Rule of Civil Procedure 1.140(a) gives you 20 calendar days from the date you were served with the Summons and Complaint. Weekends and holidays count. If the 20th day falls on a weekend or holiday, the deadline extends to the next business day.
Identify the Correct Florida Circuit Court
Foreclosure cases are filed in the Florida Circuit Court in the county where the property is located. Florida has 20 judicial circuits serving 67 counties. The Summons will identify the specific court.
Review the Complaint's Allegations
Florida foreclosure complaints are typically verified — meaning the plaintiff swears the facts are true. You must respond to each numbered paragraph by admitting, denying, or stating that you lack sufficient knowledge to admit or deny.
Raise Florida-Specific Affirmative Defenses
Common defenses in Florida include: lack of standing (plaintiff must prove ownership of the note at the time the complaint was filed), failure to comply with condition precedent, statute of limitations (5 years under Fla. Stat. § 95.11(2)(c)), and failure to satisfy Fla. Stat. § 702.015 requirements.
File Your Answer and Pay the Filing Fee
No filing fee is required for the Answer itself in Florida foreclosure cases (you are the defendant, and the plaintiff already paid the filing fee). If you are filing counterclaims, additional fees may apply. File the original with the Clerk of Court and serve a copy on the plaintiff's attorney.
| Deadline to Answer | 20 calendar days from date of service (Fla. R. Civ. P. 1.140) |
| Court Type | Florida Circuit Court (Civil Division) |
| Filing Fee for Answer | Generally no fee for defendant's Answer |
| Foreclosure Type | Judicial (lawsuit required, Fla. Stat. Chapter 702) |
| Statute of Limitations | 5 years (Fla. Stat. § 95.11(2)(c)) |
| Mediation | Florida Supreme Court Managed Mediation Program available |
Important Florida-Specific Note
Florida amended its foreclosure laws (Fla. Stat. § 702.015) to require that the plaintiff either possess the original promissory note at the time the complaint is filed or provide a certification explaining why the original note is not in their possession. If the complaint does not include this certification, you may have grounds to challenge the complaint. Additionally, Florida courts require verification of foreclosure complaints, meaning the plaintiff must swear under oath that the facts alleged are true — making it harder for banks to file based on incomplete or inaccurate records.
One of the shortest response deadlines in the country. Do not wait — you risk automatic default judgment.
Start Your Answer Today