Foreclosure Defense
Foreclosure Defense
General information for Florida homeowners
Falling behind on a mortgage is stressful, and the legal process that follows can move quickly. This page explains in general terms how foreclosure works in Florida. It is not legal advice, and every situation is different.
How foreclosure works in Florida
Florida is a judicial foreclosure state. To foreclose, a lender generally has to file a lawsuit in circuit court, and a homeowner who is served with that lawsuit generally has 20 days to respond.
Federal mortgage servicing rules generally prevent a servicer from starting a foreclosure until a loan is more than 120 days past due, though there are exceptions.
Options homeowners commonly raise with an attorney
- Responding to the complaint and reviewing the lender's paperwork
- Asking the servicer about a loan modification or other loss mitigation
- Reinstating the loan by paying the past-due amount
- A short sale or deed in lieu of foreclosure
- Bankruptcy, which triggers an automatic stay that can pause a foreclosure
Which of these is available, if any, depends on the loan, the stage of the case, and your finances.
Why timing matters
Court deadlines are short, and missing one can limit your options. If you have received a notice or been served with a lawsuit, it is worth speaking with an attorney promptly.
Schedule a free initial consultation.
Call Mann Law at (321) 461-5482 or complete our online contact form to make a phone, in-person, or virtual appointment.