Florida is a lien theory state where the borrower retains title to the property until the foreclosure sale and the lender is protected by a lien on property.  Florida is a judicial foreclosure state where the Court rules on all foreclosure cases.  A Florida foreclosure lawsuit is initiated by filing a verified complaint and recording a lis pendens. A copy of the promissory note and the mortgage must be attached to the complaint, unless either document is lost.  If either document is lost, then Plaintiff must file an affidavit of lost instrument.

The clerk of court issues summons to be served on all defendants.  If any defendant cannot be located, then the process server must prepare a uniform affidavit of diligent search that includes a checklist of actions taken to locate the defendant.  Then the law firm submits a notice of action to the local newspaper to serve the defendant constructively.  Defendants who were served personally have 20 days to answer the complaint, and defendants who were served constructivley have 30 days to answer the complaint.  Once all defendants are served, and mandated mediation is complete, then the Plaintiff may set its Motion for Summary Judgment for hearing. Circuit, county and judge requirements vary regarding how the motion is filed, whether defaults must entered, and whether original documents are filed with the clerk of court or presented to the judge at the hearing.  If the Plaintiff’s case is properly plead and all court requirements are met, then the Court enters summary final judgment and the clerk of court sets a foreclosure sale date for 30 to 120 days away.  The Court may also set a case for trial in order to move it to summary final judgment.

Once the sale is set, the notice of sale is submitted to the local newspaper that publishes it once a week for two consecutive weeks. The foreclosure sale is held and the property is auctioned at the county courthouse or online. Bidding starts at $100.00.  After a short redemption period of 10 days, the clerk of court issues the certificate of title to the highest bidder.  The new title holder may evict the occupants of the property.