Florida is a judicial foreclosure state. A lender sues, a judge enters a final judgment, and the county clerk sells the property at public auction under Florida Statute 45.031, usually online. Bidding starts at the judgment amount. The winner posts a 5% deposit, pays the balance on the clerk's deadline, and receives a certificate of title once a 10-day objection period passes.
Reviewed September 19, 2026 by NEWLEVEL Investment RE, a Florida real estate brokerage.
It starts as a lawsuit, not a notice
In many states a lender can sell a house without going to court. Florida is not one of them. Every foreclosure here is a civil lawsuit filed in the circuit court of the county where the property sits. The lender records a lis pendens, which is the public notice that a case affecting the property exists, and serves everyone with an interest in it.
That matters to a buyer because the court file is public. Everything you need to judge a lot, including who is foreclosing and who was served, is in the docket before the sale.
The final judgment sets the number and the date
If the lender wins, the judge signs a final judgment of foreclosure. It states the total owed and orders the clerk to sell the property on a specific date. The statute calls for a sale 20 to 35 days after the judgment, although courts often set it later.
There is no opening bid at a Florida foreclosure sale. Bidding starts at the judgment amount, because the plaintiff can bid that much as a credit without spending cash. That figure has nothing to do with what the house is worth, which is why it is sometimes 50 to 70% below market value.
What we watch: Read who the plaintiff is before you look at anything else. A lender and an association give you completely different purchases.
The clerk runs the auction, mostly online
The sale is advertised for two consecutive weeks. Most Florida clerks then run the auction on their own county site on the RealForeclose platform. Each county sets its own sale days, start time and payment deadline.
You register with that county, place a deposit before the sale, and bid against the plaintiff and other buyers. The winner's deposit is 5% of the final bid.
After the hammer: ten days, then title
Pay the balance by the clerk's deadline and the clerk files a certificate of sale. That filing ends the former owner's right of redemption under Florida Statute 45.0315. Anyone with standing then has ten days to object to the sale.
If nobody objects, the clerk issues the certificate of title and the property is yours, as is. If somebody still lives there, you ask the same court for a writ of possession.
What we watch: Several counties want the full balance the same day you win. Know the hour before you bid.
Common questions
- Is Florida a judicial or non-judicial foreclosure state?
- Judicial. Every Florida foreclosure is a lawsuit in circuit court, which ends in a final judgment ordering the clerk to sell the property at public auction.
- Is there an opening bid at a Florida foreclosure auction?
- No. Bidding starts at the final judgment amount, which the plaintiff can bid as a credit. It is sometimes 50 to 70% below market value.
- How long after the auction do I get title in Florida?
- The clerk issues the certificate of title once ten days have passed after the certificate of sale is filed, provided nobody has objected to the sale.
What this guide relies on
- Fla. Stat. §45.031 (judicial sales procedure)
- Fla. Stat. §45.0315 (right of redemption)
- Fla. Stat. ch. 702 (foreclosure of mortgages)
Education, not legal, tax or investment advice. Statutes and clerk procedures change, and lien priority turns on the records in a specific case. Have a Florida attorney or title company review a property before you commit money to it.