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Florida · ForeclosureFlorida foreclosure sale: the clerk's auction, the certificate of sale and the right of redemption

All Florida mortgages are foreclosed in equity, before a court without a jury (Fla. Stat. §702.01). When the court follows the statutory sale procedure, the final judgment directs the clerk to sell the property at public sale on a day not less than 20 nor more than 35 days after the judgment – later only with the plaintiff's consent – and warns that a subordinate lienholder must claim any surplus before the clerk reports it as unclaimed. Notice of sale is published on the public website for at least two consecutive weeks or once a week for two weeks in a county newspaper, the second at least five days before the sale. The high bidder posts a 5% deposit at the sale. The clerk then files a certificate of sale, and if no objection is filed within 10 days, a certificate of title (Fla. Stat. §45.031). The owner or a subordinate interest holder can cure and stop the sale by paying the judgment amount at any time before the later of the clerk's filing of the certificate of sale or the time set in the judgment; otherwise there is no right of redemption (§45.0315). A deficiency action on a one- to four-family home must be brought within one year after the certificate of title issues (§95.11(6)).

What the statutes set

  1. Sale date (§45.031(1))

    20 to 35 days after final judgment; later only with the plaintiff's consent.

  2. Notice (§45.031(2))

    Two weeks on the public website, or weekly for two weeks in a county newspaper.

  3. At the sale (§45.031(3))

    Public auction; high bidder posts 5% of the bid.

  4. Certificates (§45.031(4)–(5))

    Certificate of sale, then certificate of title if no objection within 10 days.

  5. Redemption (§45.0315)

    Until the certificate of sale is filed, or a later time in the judgment; none after.

What the TC does on a Florida listing in foreclosure

  • Get the sale date from the final judgment and put it on the file as the closing deadline.
  • Order the payoff covering the judgment amount and send it to the title company early.
  • Remember the cutoff: once the clerk files the certificate of sale, the right to redeem is gone unless the judgment set a later time.

Questions about Florida foreclosure sales

How long after judgment is a Florida foreclosure sale?

Not less than 20 nor more than 35 days after the final judgment, unless the plaintiff consents to a later date (Fla. Stat. §45.031(1)).

Can you redeem after a Florida foreclosure sale?

Only until the later of the clerk's filing of the certificate of sale or the time set in the judgment, by paying the amount in the judgment; after that there is no right of redemption (Fla. Stat. §45.0315).

Related guides

Put the clerk's sale date and the payoff request on the deal as dated tasks in ClosingCode.

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Sources: Fla. Stat. §§45.031, 45.0315, 95.11, 702.01 (flsenate.gov), read October 29, 2026.

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.