In short: In Florida, the clerk holds the foreclosure sale online 20 to 35 days after final judgment (§ 45.031). You can redeem until the certificate of sale is filed (§ 45.0315). If no objection is filed within 10 days, the certificate of title issues. If the property sells for more than the judgment, the owner of record when the lis pendens was filed is presumed entitled to the surplus (§ 45.032).
The foreclosure sale is where a homeowner’s options run out. Most people don’t understand how fast it happens, or that money can be left on the table afterward.
The Sale Happens 20 to 35 Days After Judgment
Under § 45.031(1)(a), the clerk sells the property “not less than 20 days or more than 35 days after the date” of the final judgment, unless the plaintiff agrees to a longer period. Almost every Florida county now holds these auctions online, open to bidders from anywhere.
Matt is blunt about it: once the final judgment is entered, in many cases there is little a lawyer can do. Your address and the judgment amount go up on the auction website, and the bank’s lawyers, investors, and speculators all show up. In one video he compares the auction crowd to the cantina scene in Star Wars.
Redemption Ends When the Certificate of Sale Is Filed
Section 45.0315 lets the mortgagor redeem by paying the full amount owed “before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment.” Then the statute closes the door: “Otherwise, there is no right of redemption.”
Ten Days to Object, Then a Certificate of Title
After the sale, the clerk files a certificate of sale. “If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk shall file a certificate of title.” Objections need a real legal basis, such as a defect in notice or in how the sale was conducted.
Surplus Funds: Money That Is Yours If You Claim It
If a third-party bidder pays more than the judgment amount, the excess is surplus. Under § 45.032(2), the owner of record when the lis pendens was filed is presumed entitled to it, subject to the claims of junior lienholders such as a second mortgage or an HOA.
The final judgment must include this warning:
“IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.”
Surplus that hasn’t been disbursed one year after the sale is presumed unclaimed and reported to the state (§ 45.032(3)(c)). The owner of record can still pursue it after that, through a slower process.
Surplus-recovery companies will call you, too. Read every contract carefully, and know that you can claim surplus directly through the court.
When You Have to Move
Until a court orders you out, you are not required to leave. After the certificate of title issues, the buyer can ask the court for a writ of possession, and the sheriff enforces it.
Tenants get more time. Under Florida’s Protecting Tenants at Foreclosure Act, § 83.5615, the new owner must give a bona fide tenant a notice to vacate at least 90 days before it takes effect, and a bona fide lease generally runs to the end of its term unless the buyer will live in the home. A tenant who is the borrower or the borrower’s spouse, child, or parent doesn’t qualify.
Don’t Let It Get This Far
Matt’s videos all land in the same place: the time to deal with an auction is before the case is filed. See the real ways to stop a Florida foreclosure.
Watch: the videos behind this article
What Really Happens at a Foreclosure Sale in Florida — and How Fast You Can Lose Your Home
What happens if my house is sold at auction in Florida?
Do I Have to Move Out of My Home During the Foreclosure Process in Florida? | 2026 Guide
Think foreclosure means you’re losing your house right away? WRONG
More Short Videos on This Issue
Watch the Real Appellate Arguments
These are recordings of actual Florida appellate oral arguments in foreclosure cases, posted on the channel. Watch how the judges question both sides. Read the written opinion before relying on any outcome: an argument is not a ruling.
A Foreclosure Auction Goes Wrong…The Banksters Dancing
Go Deeper
- What Happens if My House Is Sold at a Florida Foreclosure Auction?
- Think Foreclosure Means Losing Your House Right Away? You’re Wrong.
- The Florida Foreclosure Process, Step by Step (From Default to Writ of Possession)
- Deficiency Judgments in Florida: Zombie Mortgage Debt After Foreclosure
Frequently Asked Questions
When is the foreclosure sale held in Florida?
The final judgment sets the date. Under § 45.031(1)(a), the sale is held not less than 20 days or more than 35 days after the judgment, unless the plaintiff consents to a longer time.
Can I get my house back after a Florida foreclosure sale?
Your right of redemption ends when the clerk files the certificate of sale, or a later time set in the judgment (§ 45.0315). After that, a sale can be challenged only by a timely objection or motion showing a legal defect.
Who gets the surplus funds after a Florida foreclosure sale?
Under § 45.032, the owner of record on the date the lis pendens was filed is presumed entitled to the surplus, subject to claims of subordinate lienholders. Surplus not disbursed within one year after the sale is presumed unclaimed and reported to the state.
Do I have to move out right after the foreclosure sale?
No. You are not required to leave until a court orders it. After the certificate of title issues, the buyer can request a writ of possession, which the sheriff enforces.
Talk to a Florida foreclosure defense lawyer
Weidner Law, P.A. has defended Florida homeowners in foreclosure for more than 25 years, from St. Petersburg. If you need a foreclosure defense lawyer in St. Petersburg or anywhere in Florida, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: Chapter 702, Florida Statutes (Foreclosure of Mortgages and Liens) and Chapter 45 (Judicial Sales).
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
