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Your Options Foreclosure Received a Foreclosure Notice

I Received a Foreclosure Notice. What Do I Do Now in Florida?

By Tyler Gibson Updated September 4, 2026 ~12 min read
Spanish Spoken

Quick Answer

If you receive a foreclosure notice, a summons, or a complaint in Florida, do not ignore it. The single most important deadline is that you generally have 20 calendar days from the date you are served to file a written response with the court. In the same week, contact your mortgage servicer about loss mitigation, call a HUD-approved housing counselor, and talk with a licensed real estate professional about whether selling, a short sale, or a deed in lieu makes sense for your situation. Acting quickly keeps your options open. Tyler Gibson and his team can help you understand the paths that may fit your circumstances. He speaks Spanish and can walk you through your options in either language.

What This Means

Florida is a judicial foreclosure state. A foreclosure is not a letter from your mortgage company; it is a lawsuit filed in circuit court. If the bank or servicer has started one against you, you will typically be served with a summons and a copy of the complaint, which is the lawsuit that explains how much it claims you owe and what it asks the court to do. The lender may also record a notice of lis pendens with the county clerk, which publicly warns that a lawsuit is pending against your property.

Receiving these papers is serious, but it is not the end of the road. Homeowners retain legal rights and options at every stage of a Florida foreclosure. What changes is the timeline: the longer you wait, the fewer choices you typically have.

Before You Begin

This guide provides educational information about what to do after receiving a foreclosure notice. It does not constitute legal, tax, or financial advice. Foreclosure involves deadlines and legal procedures; consider speaking with a Florida foreclosure defense attorney about your specific case. Tyler Gibson is a licensed Florida real estate professional, not an attorney.

Immediate Next Steps

  1. Open the papers and find the deadlines. The summons states how many days you have to respond. In Florida, that is generally 20 calendar days from the date of service. Write the date down.
  2. Do not ignore the lawsuit. An unanswered complaint can become a default judgment, which strips you of the right to contest the case. Even if you cannot afford an attorney yet, respond or ask for more time.
  3. Call your mortgage servicer about loss mitigation today. Ask about forbearance, repayment plans, or a loan modification. A complete loss mitigation application can pause a scheduled foreclosure sale while your servicer reviews it under federal rules.
  4. Get free or low-cost help. A HUD-approved housing counselor can review your budget and explain your options at no charge. Legal aid programs may help you respond to the lawsuit.
  5. Talk with a licensed real estate professional about selling. As long as the sale has not happened, selling the home and paying off the mortgage may still be possible, including through a short sale if you owe more than the home is worth.
  6. Protect yourself from foreclosure rescue scams. Never pay an upfront fee to a company that promises to stop your foreclosure or claims to represent your lender. Work with people whose credentials you can verify.

What You Received and What It Means

The Summons

The summons tells you that a lawsuit has been filed against you and how long you have to respond. It is the document that starts the legal clock.

The Complaint

The complaint is the lender's lawsuit. It states that you are in default, reports the amount it claims you owe, and asks the court to foreclose on the property. Read it carefully, including the exhibit about who currently holds the note and mortgage.

The Notice of Lis Pendens

If the lender records a lis pendens, it appears in the public land records for your county and warns anyone that title to the property is being contested. It does not mean the home has been sold. It is a signal that the case is moving and you should act.

The 20-Day Response Deadline

Under Florida Rule of Civil Procedure 1.140(a)(1)(A), a defendant generally has 20 calendar days from the date of service to file a written response to the complaint. That response is called an answer, and it is where you admit or deny the lender's claims and raise any defenses you have.

If you do not respond within the deadline, the lender can ask the court for a default judgment. Once a default is entered, you generally lose the right to contest the foreclosure or raise defenses. The case can then move toward a final judgment and a public auction much faster.

If you cannot file a full answer in time, you may be able to file a motion for an extension of time or another early filing that preserves your ability to be heard. An attorney or legal aid organization can help you decide what to file.

What Happens If You Do Nothing

Doing nothing is almost always the worst option. The likely sequence looks like this:

  1. The court enters a default judgment against you, which means you lose the right to contest the case.
  2. The court enters a final judgment of foreclosure, fixing the amount owed and ordering the property sold at public auction.
  3. The county clerk conducts the foreclosure sale. In Florida, you generally retain the right to stop the sale by paying the full amount owed, including fees and costs, before the sale is finalized.
  4. Depending on your situation, you could face a deficiency judgment for the difference between what the home sells for and what you owe.

None of that is inevitable. Most of it is avoidable when you act early.

Your Main Options After Receiving the Notice

Option 1: Respond to the Lawsuit and Get Legal Help

Filing a timely response preserves your right to challenge the lender's case. In many Florida cases, homeowners and attorneys raise defenses about whether the lender actually holds the note, whether fees are inflated, and whether the foreclosure followed the required steps.

Who this fits: Homeowners who want to contest the case, need more time, or want a professional to review whether the lender did everything correctly.

Questions to ask an attorney: Do I have any defenses? How much do you charge, and are there payment options? What happens at each hearing? Can you ask for more time to explore a sale or modification?

Risks: Missing the 20-day deadline can cost you your defenses. Legal help costs money, though some attorneys work on flat fees or payment plans, and legal aid may be free for qualified homeowners.

Option 2: Contact Your Servicer and Apply for Loss Mitigation

Your mortgage servicer is the company you send payments to. Its loss mitigation department reviews borrowers for forbearance, repayment plans, and loan modifications. Even after a lawsuit is filed, you can still apply.

Who this fits: Homeowners who want to keep the home, need temporary relief, or want more time to sort out their finances.

Questions to ask: What loss mitigation options are available? What documents do you need? Will a complete application pause the sale while you review it? How long does the review take?

Risks: Approval is not guaranteed, and incomplete applications can stall the review. Submit everything the servicer asks for, completely and on time.

Option 3: Get Free HUD-Approved Housing Counseling

A HUD-approved housing counselor is trained to help homeowners in mortgage crisis. Counseling is typically free or very low cost, and counselors do not sell you anything. They can review your budget, explain loss mitigation, help you organize documents, and connect you with local resources.

Who this fits: Homeowners who want an independent, nonprofit perspective before making big decisions.

Option 4: Explore Selling the Home

Selling before the auction can resolve the mortgage and end the foreclosure. You can sell through a traditional listing or to a cash buyer. If you owe more than the home is worth, a short sale with lender approval may still be possible. If selling is not viable, a deed in lieu of foreclosure involves voluntarily transferring the property to the lender to satisfy the debt, subject to lender agreement.

Who this fits: Homeowners who do not want to keep the home, want to avoid foreclosure damage, or need to move on.

Questions to ask: How much is the home realistically worth? How much do I owe? Is a short sale feasible before the sale date? What are the closing costs and timeline?

Risks: A short sale and deed in lieu can still affect your credit and may have tax or deficiency implications. Get the terms in writing and review them with a professional before signing.

Option 5: Consider Bankruptcy as a Legal Option

Filing bankruptcy triggers an automatic stay, which generally halts collection activity, including foreclosure sales, while the case is pending. It is a serious legal step with credit and financial consequences, and it is not the right choice for everyone.

Who this fits: Homeowners with other debts, wage garnishment threats, or who need a court-protected pause to reorganize. Speak with a bankruptcy attorney before choosing this path.

How to Decide

Start with these questions:

  • Do I want to keep this home? If yes, contact your servicer about loss mitigation and get a HUD-approved counselor involved right away.
  • Do I believe the lender made mistakes? If yes, a timely response to the lawsuit and legal advice matter even more.
  • Can I realistically afford this home? If not, selling, a short sale, or a deed in lieu may protect you better than months of court proceedings.
  • What is my sale date? The closer the auction, the fewer options remain. Ask your attorney or check your county clerk records for the scheduled sale date.
  • Who is helping me? Work only with licensed, verifiable professionals: a Florida attorney, a HUD-approved counselor, or a licensed real estate agent.

Important Florida Considerations

Florida foreclosures are judicial, meaning they move through circuit court. That process takes time, typically months, which works in your favor if you act early. The statutory redemption right in Florida generally lets you stop the sale by paying the full amount owed, including fees and costs, before the sale is finalized.

If the sale happens and leaves a shortfall, Florida is a recourse state. For residential property of 1 to 4 dwelling units, the lender generally has one year from the foreclosure sale to file a deficiency claim (Fla. Stat. §95.11(5)(h)). Homestead protections may limit how a judgment can be collected against your home, but other assets and income can be at risk. Understanding this makes acting now more urgent, not less.

Keep copies of everything you receive and everything you send. Note every date: when you were served, when you responded, when you called the servicer, and when you submitted documents. If a dispute arises, your records are your best evidence.

Need Help Understanding Your Foreclosure Notice?

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Hypothetical Example

Rosa opened her mail one Friday evening and found a summons, a complaint, and a notice that her lender had recorded a lis pendens againt her home. Her first instinct was to ignore it. Instead, she wrote down the 20-day due date on her calendar.

The next business day, she called her servicer's loss mitigation line and asked what documents were needed to apply for a loan modification. Then she called a HUD-approved housing counselor, who reviewed her budget, and a licensed real estate agent, who explained what a short sale would require. With legal aid, she also filed a timely answer tooth lawsuit. Her complete modification application paused the scheduled sale while the servicer reviewed it, giving her time to choose between keeping the home or selling it.

This example is hypothetical. Every case is different, and the right path depends on your loan, your servicer, your equity, and your goals.

Frequently Asked Questions

I received papers that say foreclosure. Do I really have only 20 days to respond?

In Florida, a served homeowner generally has 20 calendar days from the date of service to file a written response under Florida Rule of Civil Procedure 1.140. If you cannot respond in time, ask for an extension or seek legal help immediately, because an unanswered complaint can become a default judgment.

What is a lis pendens and why did a notice appear on my property?

A lis pendens is a public notice recorded with the county clerk that a lawsuit is pending against your property. It warns the public that title is contested. It does not mean the home has been sold; it means the lender has filed suit and you should act quickly.

Can I still keep my home after receiving a foreclosure notice?

Possibly. Contact your servicer about loss mitigation, such as a forbearance, repayment plan, or loan modification. Under federal mortgage servicing rules, a complete application can pause a scheduled sale while it is reviewed. Approval is not guaranteed, but it is still worth applying.

Can I still sell my house after foreclosure starts?

Yes, in many cases. As long as the sale has not happened, you can typically sell the home and pay off the mortgage from the proceeds. If you owe more than the home is worth, a short sale may still be possible. Acting quickly is essential.

What happens if I do nothing about the papers?

The lender can request a default judgment, which means you lose the right to contest the case. The court can then enter a final judgment of foreclosure and schedule a public auction. You could also face a deficiency judgment for the shortfall later. Doing nothing is almost never recommended.

Is it too late to ask for help once foreclosure has started?

No. Florida foreclosures take months to resolve, and options narrow as the process advances rather than disappearing overnight. Loss mitigation, selling, short sale, deed in lieu, housing counseling, and legal help are all still worth exploring after the lawsuit is filed.

Related Resources

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