State Foreclosure Law

Florida Foreclosure Laws

Florida requires judicial foreclosure for all mortgages. The most distinctive feature is the constitutionally unlimited homestead exemption (Art. X, Sec. 4) — no dollar cap, limited by lot size (half acre urban, 160 acres rural).

Process

Judicial

Through the court system §

Foreclosure Length

Varies

Depends on the case

Homestead Exemption

Unlimited value

Automatic · the rule §

Deficiency Judgment

Limited

Allowed (with limitations) §

53 source pages cited · Last checked Mar 4, 2026

Not legal advice. This page provides general information about Florida foreclosure law based on cited statutes and rules. Every citation links to the official source for verification. Laws change — readers should confirm current statute text and consult a Florida-licensed attorney for situation-specific advice.

Facing foreclosure? The timeline, your rights and your options are laid out in the Florida foreclosure guide →

On this page

01 Governing statutes
02 Foreclosure process and your rights
03 Regulatory bodies & complaint filing
04 Special foreclosure types
05 Lien priority
06 Statute of limitations
07 Probate & inheritance
08 Consumer protection & compliance
09 Legal aid & pro bono resources
10 Find help in Florida
11 National foreclosure guides
12 Florida distress data

Governing Statutes

Citation	Title	Covers
Fla. Stat. Chapter 702	Foreclosure of Mortgages and Statutory Liens	Judicial foreclosure process, lis pendens, deficiency judgments, order to show cause (expedited foreclosure), final judgment of foreclosure, sale procedures
Fla. Stat. Chapter 45	Civil Procedure: General Provisions (Judicial Sales)	Judicial sale procedures, right of redemption (45.0315), surplus funds disbursement (45.032), surplus funds assignment protections (45.033)
Fla. Stat. Section 48.23	Lis Pendens	Recording of notice of lis pendens, effect on purchasers and lienholders, expiration and renewal, discharge requirements
Fla. Stat. Section 95.11(2)(c)	Statute of Limitations — Mortgage Foreclosure	Five-year statute of limitations for actions to foreclose a mortgage
Art. X, Section 4, Florida Constitution	Homestead Exemption from Forced Sale	Constitutional homestead protection — unlimited value, half acre urban / 160 acres rural
Fla. Stat. Section 501.1377	Violations Involving Homeowners During Residential Foreclosure Proceedings	Foreclosure rescue fraud protections, written agreement requirements, advance fee prohibition, cancellation rights
Fla. Stat. Chapter 83, Part II	Residential Tenancies (Landlord and Tenant)	Tenant protections in foreclosure (83.5615, which takes effect only if the federal Protecting Tenants at Foreclosure Act is repealed), eviction procedures, notice requirements
Fla. Stat. Chapter 718	Condominium Act	Condominium association assessment liens, safe harbor for first mortgagees, lien priority, foreclosure procedures
Fla. Stat. Chapter 720	Homeowners' Associations	HOA assessment liens, lien and foreclosure procedures (720.3085), safe harbor for first mortgagees, notice requirements
Fla. Stat. Chapter 197	Tax Collections, Sales, and Liens	Tax certificate sales, tax deed applications, redemption of tax certificates, surplus funds from tax deed sales

Florida Foreclosure Process and Your Rights

Florida uses judicial foreclosure. State law does not set one typical length from the first notice to the sale. §

Paying to stop the foreclosure: Any period to catch up on missed payments depends on the terms of the mortgage. Separately, Fla. Stat. 45.0315 lets the mortgagor cure the debt and prevent the foreclosure sale at any time before the later of the clerk's filing of the certificate of sale or the time set in the foreclosure judgment, but that requires paying the judgment amount or, before judgment, the full amount due, including any accelerated balance. §
After the sale: Florida does NOT provide a separate post-sale redemption period. The statutory right of redemption ends at the later of the clerk's filing of the certificate of sale, which the clerk files promptly after the sale, or the time specified in the foreclosure judgment; otherwise, there is no right of redemption. §
Homestead exemption: Unlimited value. The size limit is half an acre of contiguous land within a city and 160 acres outside, for a home owned by a natural person; within a city, the exemption is limited to the residence of the owner or the owner's family (Art. X, Sec. 4, Florida Constitution). It does not protect against taxes and assessments on the home, debts for its purchase, improvement or repair, or debts for labor performed on it. §
Mediation: We have no statewide foreclosure mediation program on file for Florida.

Step-by-step timeline, your rights at each stage, mediation, options to keep or leave the home, and what happens after the sale: Read the full Florida foreclosure guide →

Regulatory Oversight & Complaint Filing

Florida homeowners who believe a mortgage servicer or lender has violated state or federal law may file complaints with the following regulatory agencies.

Financial Institutions Regulator

Florida Office of Financial Regulation

Phone: 1-850-487-9687
File a complaint →

Attorney General — Consumer Protection

Florida Office of the Attorney General

Phone: 1-866-966-7226
File a consumer complaint →

Housing Finance Agency

Florida Housing Finance Corporation

Phone: 1-850-488-4197
Foreclosure prevention resources →

Special Foreclosure Types in Florida

Beyond the standard judicial foreclosure process, Florida law addresses several specialized foreclosure categories.

HOA & Condo Association Foreclosure

Both condominium associations (under Fla. Stat. 718.116) and homeowners' associations (under Fla. Stat. 720.3085) may foreclose assessment liens. §

No HOA super-lien. Assessment liens are junior to first mortgages.

Tax Lien Foreclosure

Both tax lien certificate and tax deed sales are used. §

Any person, including the property owner, may redeem the tax certificate at any time after it is issued and before a tax deed is issued, unless full payment for the tax deed, including documentary stamps and recording fees, has already been made to the clerk (Fla. Stat. 197.472(1)).

Land Contract Protections

Land contracts are common in this state. Buyer protections exist. §

An agreement for deed (land contract) that conveys or sells property for the purpose or with the intention of securing the payment of money is deemed a mortgage under Fla. Stat. 697.01 and is subject to the same rules of foreclosure as a mortgage.

Manufactured & Mobile Home Rules

Can be either. §

Florida Mobile Home Act (Fla. Stat. Chapter 723) provides protections for mobile home owners who rent lots in mobile home parks, including: limits on lot rental increases (must provide 90 days' notice), protections against eviction, right to sell the mobile home in place (subject to park approval of the buyer), and requirements for park closure (at least 6 months' notice of eviction due to a change in the land's use).

Reverse Mortgage (HECM)

State-specific rules apply beyond federal HECM requirements. §

Florida has adopted state-level requirements consistent with federal HECM counseling requirements.

Zombie Mortgage Protections

No specific zombie mortgage statute, but general legal tools are available. §

Florida's general laws that apply to old, dormant mortgages include: (1) the 5-year statute of limitations on mortgage foreclosure actions (Fla. Stat. 95.11(2)(c)); (2) the rule that the lien of a mortgage generally ends 5 years after the final maturity date if that date can be determined from the public record, or 20 years after the date of the mortgage if it cannot (Fla. Stat. 95.281); (3) quiet title actions under Fla. Stat. 65.021 to clear dormant liens; (4) the Florida Consumer Collection Practices Act (Fla. Stat. 559.551-559.9945) prohibiting unfair collection practices; (5) federal FDCPA protections for debts held by third-party collectors.

PACE Lien Assessment

PACE financing is authorized. Residential PACE is active. §

PACE assessments in Florida are non-ad valorem assessments, and the recorded financing agreement gives notice that the assessment is a lien of equal dignity to county taxes and assessments from the date of recordation (Fla. Stat. 163.081(7)) — the same lien priority as property taxes, with super-priority over first mortgages.

Lien Priority in Florida

First in time, first in right, with statutory exceptions for property taxes, government liens, and limited HOA/COA safe harbor provisions. Florida is a race-notice recording state (Fla. Stat. 695.11) — a subsequent good-faith purchaser for value who records first prevails over a prior unrecorded interest.

Property Tax Liens

Super-priority status. Tax sale can extinguish a first mortgage. §

The clerk must send notice of a tax deed application to all parties with interests of record (including mortgage holders) at least 20 days before the scheduled tax deed sale, by certified mail with return receipt requested, or by registered mail if sent outside the continental United States (Fla. Stat. 197.522).

Mechanic's Lien

Relation-back doctrine applies. §

Under Fla. Stat. Chapter 713 (Construction Lien Law), a construction lien relates back to the date of the recording of a notice of commencement (if timely recorded) or to the date the lienor's improvements were commenced if no notice of commencement was recorded. When a valid notice of commencement is recorded before a mortgage is recorded, the construction lien has priority over the mortgage. When the mortgage is recorded before the notice of commencement, the mortgage generally has priority. However, a construction lien for improvements that increase the value of the property may prime a prior construction mortgage if the funds were not properly disbursed.

Municipal Utility Liens

Municipal utility liens generally do not have super-priority over prior recorded mortgages in Florida.

However, some municipalities may have ordinances creating utility assessment liens with specific priority provisions. Water and sewer liens may be enforced through special assessment procedures with their own priority rules.

IRS Tax Lien

Federal tax liens filed with the clerk of the circuit court take priority from the filing date.

Florida uses a race-notice recording statute (Fla. Stat. 695.11). HOA/COA assessment liens are junior to first mortgages but have a safe harbor provision that caps the first mortgagee's liability (see special_foreclosure_types.hoa_coa_foreclosure). PACE assessment liens have super-priority as property tax assessments. The lis pendens statute (Fla. Stat. 48.23) plays a significant role in establishing priority — recording a lis pendens bars enforcement of unrecorded liens unless the holder intervenes within 30 days.

Statute of Limitations in Florida

Mortgage Foreclosure

5 years §

Under Fla. Stat. 95.11(2)(c), the statute of limitations for an action to foreclose a mortgage is 5 years.

Written Contracts

5 years §

Promissory Note

5 years §

Deficiency Judgment

1 year for residential 1-4 unit property (amended by HB 87, 2013); 5 years for all other property types §

Counted from: The day after the certificate is issued by the clerk of court, or the day after the mortgagee accepts a deed-in-lieu of foreclosure (for the 1-year residential SOL)

Zombie Lien Protections

No specific zombie lien statute. Quiet title action is available. §

The lien of a mortgage generally ends by law 5 years after the final maturity date if that date can be determined from the public record, or 20 years after the date of the mortgage if it cannot (Fla. Stat. 95.281).

SOL Revival After Partial Payment

A partial payment can restart the statute of limitations. §

Under Fla. Stat. 95.051(1)(f), the running of the statute of limitations is tolled by the payment of any part of the principal or interest of an obligation founded on a written instrument, such as a mortgage note.

Probate & Inheritance in Florida

When a mortgaged property owner dies, foreclosure proceedings interact with the probate process. Florida law establishes specific rules for estate notification, heir protections, and the rights of executors to cure defaults.

Pause When the Borrower Dies

State law doesn't pause a foreclosure when the borrower dies, so it can go on during probate.

Notification to Estate

The lender must notify the estate or personal representative before proceeding.

If the borrower/mortgagor is deceased, the lender must serve the personal representative (executor/administrator) of the estate.

Heir Protections

Heirs who inherit property subject to a mortgage may exercise applicable state-law rights, including the right of redemption (Fla. Stat. 45.0315).

Executor Reinstatement Rights

The executor or personal representative may reinstate the mortgage by curing the default.

No specific Florida statute sets a deadline for estates to resolve before foreclosure can proceed. The probate creditor claim period is 3 months after first publication of notice to creditors (Fla. Stat. 733.702), but the mortgage lien survives independently. The foreclosure process has its own timeline independent of probate. Personal representatives may need to obtain court approval to reinstate or modify mortgages on estate property.

Garn-St. Germain Act

12 U.S.C. 1701j-3 (Garn-St. Germain) prohibits lenders from enforcing due-on-sale clauses when property is transferred by devise, descent, or operation of law upon death to a relative of the borrower, or transferred to a spouse or children.

Uniform Partition of Heirs Property Act (UPHPA)

Adopted in 2020.

Florida adopted the Uniform Partition of Heirs Property Act in 2020 (CS/CS/SB 580), signed by Governor DeSantis on June 20, 2020, codified at Fla. Stat. 64.201-64.214.

Consumer Protection & Compliance in Florida

State consumer protection statutes, foreclosure rescue fraud laws, and professional compliance rules that apply to mortgage servicing and foreclosure-related services in Florida.

UDAP Statute

Florida Deceptive and Unfair Trade Practices Act (FDUTPA)

Attorney Advertising Rules

Governed by The Florida Bar; Florida Supreme Court (via Rules of Professional Conduct); Rules Regulating The Florida Bar. §

Key requirements: All communications about a lawyer's services must not be false or misleading (Rule 4-7.1); Advertisements must include the name of at least one lawyer responsible for the content (Rule 4-7.2).

Legal Aid & Pro Bono Resources in Florida

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Florida Rural Legal Services (FRLS)

Provides free legal help for housing issues including foreclosure defense, landlord-tenant disputes, and public housing assistance. Offices in Fort Myers, Lakeland, and other locations across its 13-county service area.
frls.org →
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Legal Services of Greater Miami (LSGMI)

Provides free legal services to low-income Miami-Dade County residents, including foreclosure defense and housing preservation. Operates a dedicated housing unit.
lsgmi.org →
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Coast to Coast Legal Aid of South Florida

Provides free legal assistance for housing matters including foreclosure defense in South Florida.
coasttocoastlegalaid.org →
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Community Legal Services of Mid-Florida (CLSMF)

Provides free legal services to low-income residents across Central Florida. Handles foreclosure defense, housing rights, and consumer protection cases.
clsmf.org →
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Bay Area Legal Services

Provides free civil legal assistance to low-income residents of the Tampa Bay area, including foreclosure defense and housing stability services.
bals.org →
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Legal Services of North Florida

Serves low-income residents of North Florida with civil legal services including housing and foreclosure matters.
lsnf.org →
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Three Rivers Legal Services

Provides free civil legal services to low-income residents in Northeast and North Central Florida, including foreclosure defense.
trls.org →
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HUD-Approved Housing Counselors

Free, federally funded housing counseling agencies in Florida. Services include loan modification applications, mediation preparation, and loss mitigation guidance.
Find a counselor in Florida →
📞

HUD Housing Counseling Hotline

National HUD-approved housing counseling referral line. Connects callers with local HUD-certified counselors for free foreclosure prevention counseling in Florida.
1-800-569-4287 →
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The Florida Bar Lawyer Referral Service

Statewide lawyer referral service. Initial 30-minute consultation available for $25 or less.
1-800-342-8011 →
📞

Florida Attorney General Consumer Fraud Hotline

Report mortgage fraud, foreclosure rescue scams, and other consumer fraud. The AG's office investigates complaints and may take enforcement action.
1-866-966-7226 →
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The Florida Bar — Lawyer Referral Service

Attorneys who receive referrals through the Florida Bar's service agree to provide a half-hour office consultation for no more than $25. Local county bar associations also operate referral services with varying fee structures.
floridabar.org/public/consumer/consumer023 →
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The Florida Bar Foundation — Statewide Pro Bono Programs

The Florida Bar Foundation funds legal aid programs across Florida and supports pro bono efforts. Florida requires attorneys to report pro bono hours annually and encourages a minimum of 20 hours of pro bono service per year (Fla. R. Prof. Conduct 4-6.1).
thefloridabarfoundation.org →
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Florida Free Legal Answers

ABA-sponsored online clinic where volunteer attorneys answer civil legal questions from qualifying Florida residents, including foreclosure and housing questions.
florida.freelegalanswers.org →

Find Help in Florida

We maintain a verified directory of free and low-cost help providers in Florida. All are government-approved or federally funded.

92 HUD-approved housing counselors Free foreclosure prevention counseling 7 Legal aid offices Free legal representation for qualifying homeowners 47 Credit counseling agencies DOJ-approved pre-bankruptcy credit counseling 50 Debtor education providers Required post-filing debtor education courses

Browse all 196 providers in Florida →

National Foreclosure Guides

These guides explain foreclosure at the federal level — homeowner rights, available options, and recommended steps at each stage. They apply in every state, including Florida.

Facing Foreclosure?

Overview of the process, available options, and free help resources

How to Stop Foreclosure

Immediate options — forbearance, modification, legal aid, bankruptcy

Your Rights in Foreclosure

Federal protections under CFPB Regulation X and loss mitigation rules

How Foreclosure Works

Stage-by-stage walkthrough from missed payments to sale

Behind on Your Mortgage?

Options for borrowers who have missed or expect to miss a payment

Bankruptcy & Foreclosure

How Chapter 7 and Chapter 13 can stop or delay foreclosure

Florida Distress Data

The American Distress Index tracks household financial distress at the national level. Here are ADI indicators with particular relevance to Florida homeowners:

Foreclosure Filings

National trend

National foreclosure filings. Florida mainly uses judicial foreclosure (through the courts).

FHA mortgage delinquency

FHA delinquency rate

Share of FHA loans at least one payment behind, from the Mortgage Bankers Association's quarterly survey.

Foreclosure volume

Foreclosure starts & completions

Monthly foreclosure starts and completions from ATTOM Data Solutions.

Newly late mortgages

Current to 30 days late

Share of mortgages moving from current to 30 days past due, from Cotality (formerly CoreLogic).