Florida is a judicial foreclosure state with one of the highest foreclosure rates in the country. You have 20 days to respond to a foreclosure summons. Our team prepares Answers, affirmative defenses, and counterclaims for FL homeowners in all 67 counties.
Judicial Foreclosure
Court-supervised process
20-Day Response
File Answer or lose by default
67 Circuit Courts
County-specific procedures
Florida HB 87
Lender must prove standing
All Florida foreclosures go through the Circuit Court. The lender must prove standing to foreclose — and Florida law provides strong defenses when the lender can't produce the original note.
Complaint & Lis Pendens Filed
Lender files foreclosure complaint in Circuit Court. Lis Pendens recorded against property. You are served with summons.
20 Days to Respond
File Answer & Affirmative Defenses within 20 calendar days. Raise standing challenges, TILA/RESPA violations, and demand original note production.
Summary Judgment or Trial
If defenses are strong, lender may not win summary judgment. Case proceeds to discovery and potentially trial. Settlement common before trial.
Florida's 20-day response deadline is strict. Weekends and holidays count. Missing this deadline = automatic default judgment.
Standing Challenge — Produce the Note
Under Florida law (HB 87), the lender MUST prove they hold the original promissory note. If they can't produce it, the case should be dismissed.
Statute of Limitations
Florida's 5-year statute of limitations on foreclosure. If the lender previously accelerated the loan more than 5 years ago, the case may be time-barred.
Condition Precedent
Florida requires lenders to send a default notice with opportunity to cure BEFORE filing. Failure to comply is a viable defense.
Homestead Protection
Florida's strong homestead exemption under FL Const. Art. X § 4 protects primary residences — valuable negotiating leverage in settlement discussions and a shield against deficiency judgments.
Florida law provides unique protections for homeowners in foreclosure — from the "produce the note" defense to the strongest homestead exemption in the nation.
Under FL Stat. § 702.015 and case law (HSBC Bank USA v. Buset, 2019), the foreclosing plaintiff must prove possession of the original promissory note at the time the complaint is filed. If the lender cannot produce the note — especially in securitized loans — this is a powerful defense to dismissal.
Florida Constitution Article X § 4 provides one of the strongest homestead protections in the US — shielding primary residences from forced sale by most creditors and substantially limiting deficiency judgment exposure after foreclosure.
Under FL Stat. § 95.11(2)(c), foreclosure actions must be brought within 5 years. If the lender previously accelerated the note and more than 5 years have passed without a foreclosure filing or dismissal of a prior action, the claim may be time-barred (Bartram v. U.S. Bank, 2016).
Florida is a judicial-only foreclosure state. The process is governed by Chapter 702 of the Florida Statutes:
| Stage | Timeline | Legal Authority | Homeowner Action |
|---|---|---|---|
| Pre-Filing Notice | 30-day notice of default with opportunity to cure, sent before complaint filed | FL Stat. § 702.06; Paragraph 22 of standard FL mortgage | Cure default or seek loss mitigation during this window |
| Complaint & Lis Pendens | Filed in Circuit Court; Lis Pendens recorded | FL Stat. § 48.23 | 20 calendar days to file Answer with affirmative defenses |
| Judicial Sale | After Final Judgment of Foreclosure; typically 6-18 months from filing | FL Stat. § 45.031 | No post-sale redemption in FL for judicial foreclosures |
These violations form the foundation of effective foreclosure defenses in Florida Circuit Court:
Remedy: Rescission up to 3 years, statutory damages up to $4,000, attorney's fees.
Remedy: Actual damages, statutory damages up to $2,000, attorney's fees.
Florida-specific Answer admitting/denying each allegation with affirmative defenses including standing, statute of limitations, and condition precedent.
Motion challenging lender's standing under Florida HB 87 — demanding production of original note and proof of authority to foreclose.
Audit identifying TILA/RESPA violations, excessive fees, and mortgage servicer errors — used as court exhibits and settlement leverage.
Counterclaims for FDCPA, FCCPA (Florida Consumer Collection Practices Act), and RESPA violations — turning defense into offense.
Documents formatted for all 67 Florida Circuit Courts — Miami-Dade, Broward, Palm Beach, Orange, Hillsborough, Duval, and every other FL county.
Leverage strong FL defenses and homestead protection to negotiate loan modification, short sale, deed in lieu, or cash for keys.
Florida gives you 20 days to respond after service. Contact us immediately for a free case evaluation — we'll identify standing issues, TILA/RESPA violations, statute of limitations defenses, and prepare your Answer for the FL Circuit Court.
You have 20 days to file an Answer in Florida. Our team prepares Answers with standing challenges, affirmative defenses, and counterclaims for all 67 FL Circuit Courts.
67
FL Counties
20
Day Deadline
30+
Years Experience