Judicial Foreclosure in Florida
Florida is a judicial foreclosure state, meaning all mortgage foreclosures must proceed through the court system under Chapter 702, Florida Statutes. The lender files a complaint, the borrower has the right to defend, and the court supervises the entire process through judgment and sale.
Process Overview
- Lender files lis pendens and complaint in circuit court
- Borrower served and has 20 days to respond
- Discovery, mediation, and motion practice
- Summary judgment or trial
- Court enters final judgment of foreclosure
- Property sold at public auction (clerk’s sale)
Timeline
- Uncontested: 6-9 months
- Contested: 12-24 months
- Complex: 2-4+ years
Borrower Defenses
- Lack of standing (plaintiff does not hold note)
- Statute of limitations (5 years, Section 95.11(2)(c))
- Payment disputes and servicer errors
- TILA/RESPA violations
- Loss mitigation failures
Related Terms
- Foreclosure — General process
- Mortgage — Loan security
- Lis Pendens — Pending action notice
Barnes Walker Foreclosure Practice
Barnes Walker’s attorneys represent lenders and borrowers in judicial foreclosure proceedings throughout Southwest Florida. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 702
Florida is a judicial foreclosure state. This chapter governs the foreclosure process, including notice requirements, sale procedures, and deficiency judgments.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC