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Florida

Florida Statutes § 702.01. Judicial foreclosure state.

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Judicial Type

Judicial

Redemption

No statutory right of redemption after judicial foreclosure

Deficiency

Lender may pursue deficiency. Motion for deficiency must be

Mediation

Florida Supreme Court managed mediation program: all residen

Statute Citation

Fla. Stat. §§ 702.01-702.12

Redemption Period

No statutory right of redemption after judicial foreclosure sale. The mortgage or note may provide a right of redemption, but no statutory post-sale redemption exists. The clerk's sale is final — no redemption period.

Deficiency Judgment Rule

Lender may pursue deficiency. Motion for deficiency must be filed within 1 year of sale. Court determines fair market value and limits deficiency to: total debt + costs − fair market value. Florida has strong fair value protections.

Notice Requirements

Lis pendens recorded. Foreclosure complaint personally served. Notice of sale published. Florida is a judicial state with strict procedural requirements — service and notice failures support motions to quash and set aside.

Mediation Program

Florida Supreme Court managed mediation program: all residential foreclosure cases referred to mediation. Mediation is managed by the circuit courts with court-appointed mediators.

Key Provisions

  • Judicial foreclosure state — the lender must file a lawsuit and prove its case
  • All foreclosures heard in circuit court
  • Borrower has 20 days to respond to the complaint (file an answer and affirmative defenses)
  • Standing is a critical issue — Florida courts rigorously scrutinize the plaintiff's ownership of the note
  • Florida has a robust foreclosure defense bar

Homeowner Protections

  • Judicial foreclosure requires the lender to prove standing (ownership of the note at the time the complaint was filed)
  • Mandatory mediation program provides structured opportunity for workout
  • Fair value limitation on deficiency judgments
  • Robust discovery available — interrogatories, requests for production, depositions
  • Borrower may assert all affirmative defenses including RESPA, TILA, FDCPA, HOEPA violations
  • Borrower may challenge the plaintiff's standing at any stage — a powerful defense in securitization cases

Frequently Asked Questions

How do I fight a Florida foreclosure based on standing?+
Standing — the plaintiff's ownership of the promissory note at the time the complaint was filed — is the most powerful defense in Florida judicial foreclosures. The plaintiff must prove it held the note (not just the mortgage) when it filed the foreclosure complaint. If the note was transferred from the original lender to a securitization trust through MERS, the plaintiff may have difficulty proving the chain of ownership. Key steps: (1) demand the original note in discovery, (2) examine the chain of assignments (look for gaps, robosigning, backdated assignments), (3) file a motion to dismiss or summary judgment for lack of standing if the plaintiff cannot produce the original note and valid assignment chain. Florida courts dismiss thousands of foreclosures annually for lack of standing.
How long does the Florida foreclosure process take?+
Florida judicial foreclosures average 12-24 months from complaint to sale, and contested cases can take 3+ years. Steps: complaint filed → served (30 days) → borrower answers (20 days) → discovery (6-12 months) → summary judgment or trial → final judgment → notice of sale → clerk's sale. The length works in your favor — longer cases mean more time to save for a modification, negotiate a settlement, locate alternative housing, or prepare a legal defense. Florida's foreclosure timeline is one of the longest in the nation.
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