Behind on Mortgage Payments in Florida? Your Options Before Foreclosure

Missing a mortgage payment is stressful. Missing several can feel like the walls are closing in. The good news is that Florida homeowners have real options and real legal protections. This guide explains how foreclosure works here in general terms, what choices you have, and how to spot people who want to take advantage of you.

How Foreclosure Works in Florida

Florida uses judicial foreclosure. That means the lender has to file a lawsuit and win in court before your home can be sold. Here is the general order of events. Every case is different, and timing varies a lot.

1. Missed payments

Late fees start, and the servicer will reach out. A federal rule, 12 CFR 1024.41, generally bars a servicer from making the first notice or filing for foreclosure until the loan is more than 120 days delinquent. That window is your best time to act.

2. The lawsuit

The lender files a complaint and records a notice called a lis pendens in the public records. The Miami-Dade Clerk explains that you get 20 days to respond to the summons by filing an answer. Do not ignore it. If you do not answer, the lender can ask for a default.

3. Judgment and sale date

If the lender wins, the court enters a final judgment. Florida Statute 45.031 says the sale is generally set not less than 20 days and not more than 35 days after the judgment, unless the lender agrees to a later date.

4. The foreclosure sale

The home is sold at a public auction run by the county clerk. Under Florida Statute 45.0315, you can redeem the home by paying the debt up until the clerk files the certificate of sale, unless the judgment sets a later time. After that, the right is generally gone.

5. After the sale

If the sale brings in more than is owed, you may be able to claim the surplus funds. If it brings in less, the lender may seek a deficiency judgment against you. Under Florida Statute 95.11, the lender generally has one year to sue for a deficiency on a one to four family home.

Your Main Options

Reinstate the loan

Reinstating means paying all the missed payments plus fees to bring the loan current. Ask your servicer for a written reinstatement quote. This works best if your money trouble was short term.

Ask for a loan modification or other help

A modification changes the loan terms, such as the payment or the length, to make it affordable. Other options can include a repayment plan or a forbearance. Under 12 CFR 1024.41, if you send a complete loss mitigation application more than 37 days before a foreclosure sale, the servicer generally cannot move for judgment or hold the sale until it decides on your application, with some exceptions. Get help from a HUD-approved housing counselor. The CFPB says these counselors help at no cost. Start at consumerfinance.gov/mortgagehelp.

Sell the house

If keeping the house is not realistic, selling before the foreclosure sale lets you control the price and the timing instead of leaving it to an auction. You can sell several ways:

• Cash, as is. Often the fastest path. The buyer pays off the loan and past due amounts at closing.
• A 1% listing. We list the house on the MLS through our licensed partner brokerage. Can bring a higher price, but takes longer. Watch the sale date. See how a 1% listing works.
• A short sale. If you owe more than the home is worth, the lender may agree to take less. That needs lender approval and can take time.
• Subject to the existing mortgage. Explained below.

Compare your net on each one. Our guide to cash vs listing vs terms shows how.

Subject-To When You Are Behind: The Honest Version

In a subject-to sale, you deed the house to a buyer, and your existing loan stays in place. The buyer agrees to make the payments. When you are behind, the buyer usually pays the past due amount at closing to bring the loan current.

This can help when you have little equity and a cash sale would not cover what you owe. But you need to know the risks:

• Your name stays on the loan. If the buyer stops paying, late payments land on your credit and the lender can foreclose again.
• The due-on-sale clause. Most mortgages let the lender demand the full balance after a transfer without its consent. The federal Garn-St Germain Act allows lenders to enforce it on a sale to an investor. Some lenders never act on a loan that is paid on time. Others may. No one can promise you which one you will get.
• Florida’s foreclosure rescue law may apply. See the next section.

Read our full subject-to guide before you decide, and have a Florida real estate attorney review the deal.

Avoid Foreclosure Rescue Scams

People in foreclosure are a target. The CFPB lists these warning signs. Be careful of anyone who:

• Tells you to stop making mortgage payments
• Charges upfront fees
• Asks you to pay someone other than your lender or servicer
• Tries to get you to sign over title to your property
• Pushes you to sign papers you do not understand
• Pressures you to act right now
• Says they are doing a “forensic audit” of your loan

What Florida Statute 501.1377 says

Florida has a law aimed at foreclosure rescue fraud. In plain terms:

• No fees before the work is done. A covered foreclosure rescue consultant cannot ask for or collect payment before fully performing every service in the agreement.
• A written agreement comes first, with a right to cancel within three business days.
• Extra rules for certain sales. When a home with a recorded foreclosure case is transferred and the owner keeps an interest, such as a lease back or an option to buy it back, the buyer is called an “equity purchaser.” The law requires a complete written contract, a right to cancel, and that the buyer take care of the lien in foreclosure. A buy back price can be presumed unfair if it is too high.
• Real penalties. A violation is an unfair and deceptive trade practice, with penalties of up to $15,000 per violation.

Some groups are exempt, such as licensed attorneys and HUD-approved counseling agencies. The safest habit is simple: get every promise in writing, close through a licensed title company, and have your own attorney read it.

How HOMKEYS Can Help

HOMKEYS LLC buys homes across Florida, including homes that are behind on payments or in foreclosure. We can show you a cash offer and, when it fits, a subject-to purchase, seller financing, or a 1% listing through our licensed partner brokerage side by side, so you can compare. Every closing goes through a licensed Florida title company. We cannot stop a foreclosure by ourselves, and we cannot promise a price or closing date before we review your home and your loan.

Subject to qualification, property inspection, and transaction terms.

We work in many areas, including Port Charlotte, Wesley Chapel, Kissimmee, and Parrish. If you have a sale date, tell us right away. Share a few details about your home or call us at (305) 914-4191.

Frequently Asked Questions

Not legal advice. This guide is general information about Florida home sales. Laws change and every situation is different. Talk with a Florida attorney, tax professional, or insurance professional about your own case before you sign anything.

⌂ Equal Housing Opportunity. HOMKEYS LLC does not give legal or tax advice. Talk with a Florida real estate attorney or tax professional about your situation.