Last updated October 29, 2026

South Florida Foreclosure: Selling a House in Miami-Dade, Broward, Martin or St. Lucie

Short answer: Yes, an owner can sell a house while a Florida foreclosure case is pending. Florida foreclosure runs through the courts: the lender files a lawsuit, a judge enters a final judgment, and the clerk sells the property at a public sale set 20 to 35 days after the judgment, or later if the plaintiff agrees (s. 45.031). Any sale by the owner has to pay off the mortgage at closing, or the lender has to approve a short sale. We sell houses. We do not stop foreclosures.

Esta página en español: Ejecución hipotecaria en el sur de Florida: vender una casa en Miami-Dade, Broward, Martin o St. Lucie

We work across Miami-Dade, Broward, Martin, St. Lucie and Palm Beach. Your attorney handles the case; we handle the sale of the house. For Palm Beach County, see facing foreclosure in Palm Beach County.

Real-estate side only. This is general information, not legal or tax advice, and no attorney-client relationship is created by reading it. PBP Real Estate, LLC is a licensed Florida real estate brokerage (License CQ1064615), not a law firm. We offer no service to stop, avoid or delay a foreclosure or to cure a missed payment. Your attorney decides the legal questions in your case, your lender or servicer decides any payment plan, modification or short sale approval, and a CPA decides the tax questions.

Can I sell my house if it's in foreclosure?

Yes, while the case is pending. The house can be listed, shown and sold like any other. The lender's lawsuit is recorded against the property as a lis pendens, so the buyer's title company will require the mortgage to be paid from the sale proceeds at closing. If the house is worth less than what is owed, the sale needs the lender's written approval as a short sale; see short sale vs. foreclosure in Florida.

After the clerk's sale, the right of redemption ends when the certificate of sale is filed (s. 45.0315), and title passes to the buyer at the clerk's sale when the certificate of title is filed (s. 45.031(6)). What is still possible at that point is a question for your attorney. Nobody can promise that a sale will close before the court's sale date, and we do not ask courts or lenders to move sale dates; that belongs to the attorneys.

How many months behind before foreclosure?

For most home loans, more than 120 days. For a mortgage on the borrower's principal residence, the federal servicing rule bars the servicer from making the first notice or filing for a foreclosure until the loan is more than 120 days delinquent, about four months after the first missed payment (12 CFR 1024.41(f)(1); 1024.30(c)(2)). Exceptions include a foreclosure based on a due-on-sale clause and a servicer joining another lienholder's foreclosure.

Questions about payment plans, loan modifications or loss mitigation applications go to your servicer, a HUD-approved housing counseling agency or your attorney. We do not negotiate them.

How long does the foreclosure process take in Florida?

No Florida statute sets a total; the court's calendar and the filings in each case decide it. A few steps have fixed clocks:

Everything between the first filing and the final judgment depends on the court and the filings, and we publish no county average. Your attorney can read the court file and tell you where your case stands.

What is the right of redemption in Florida?

It is the right to pay the amount set in the foreclosure judgment, and it ends when the clerk files the certificate of sale, or at a later time if the judgment says so (s. 45.0315). Before a judgment, the amount is everything the mortgage requires plus the lender's reasonable foreclosure costs and attorney's fees. Otherwise, the statute says, there is no right of redemption.

Whether redemption is still open in your case, and the exact figure, are questions for your attorney and the lender's payoff statement.

How long do you have to move out after a foreclosure auction in Florida?

Florida statutes set no fixed number of days. If no one objects within 10 days after the clerk files the certificate of sale, the clerk files a certificate of title, and title passes to the buyer named in it (s. 45.031(5) and (6)). The new owner can then ask the court for possession; the court sets that timing, and an attorney can read the court file. Tenants have separate notice rights and should ask their own attorney.

What happens if the auction brings more than the judgment?

The extra money is surplus, and Florida presumes it belongs to the owner of record on the date the lis pendens was filed, after junior lienholders who file timely claims are paid (s. 45.032(2)). When the property was homestead, the final judgment must tell the owner that the owner may claim the money without a lawyer and does not have to assign the rights to anyone else (s. 45.031(1)(b)). We do not file surplus claims, and we never buy surplus rights.

Can the lender still collect after a foreclosure or a short sale?

Sometimes. A shortfall is called a deficiency, and the court decides whether to enter a deficiency judgment (s. 702.06). For an owner-occupied home, the deficiency may not exceed the judgment amount, or in a short sale the outstanding debt, minus the property's fair market value on the date of sale. An action to collect a deficiency on a one-to-four-family home must be brought within one year, counted from the day after the clerk issues the certificate or the lender accepts a deed in lieu of foreclosure (s. 95.11(6)(g)). That statute names no short-sale trigger, so how long a lender has after a short sale is a question for your attorney.

Whether a deficiency applies, and what a short sale approval letter says about it, are questions for your attorney; tax questions about forgiven debt go to your CPA. Our short sales guide explains lender approval.

How common are short sales and bank-owned listings in South Florida right now?

Uncommon: each is under 3% of listings in every county, by property type.

Source: BeachesMLS active Residential listings (Trestle feed) as marked by listing agents, as of October 29, 2026. Houses and condos/townhouses never combined; percentages only where 10 or more are marked. PBP Real Estate analysis.

What does PBP Real Estate do, and what does it not do?

We sell houses. We do not stop foreclosures. Gia Freer prepares a written opinion of value by hand from recent closed sales, houses compared with houses and condos with condos. We list the house on the MLS, market it, present offers and work with the title company through closing. You sign PBP's standard listing agreement; being in foreclosure adds no package and no fee.

We do not give legal advice, negotiate payment plans or loan modifications, ask a court or a lender to change a sale date, file surplus claims, or promise any result in the case. PBP Real Estate never buys a house from its owner, and we offer no leaseback, rent-back or buyback. Your reason for selling stays out of our marketing.

Who handles the sale at PBP Real Estate?

Gia Freer, Broker of Record (Florida license BK689801), handles these files personally. Gia and Grant Freer have closed 767 transactions and $203,762,527 since 2000, 671 of them since 2013 (Beaches MLS, agent production report, as of October 19, 2026). Gia and Grant earned the CDPE designation in 2012. Our office works in English and Spanish. We never pay attorneys or trustees for referrals.

Related

• Facing foreclosure in Palm Beach County
• Foreclosure options in Palm Beach County
• Florida short sales
• Short sale vs. foreclosure in Florida
• Behind on the mortgage in Miami-Dade County
• Behind on the mortgage in Broward County
• Other special situations

Published by Gia Freer, Broker of Record, PBP Real Estate, LLC · Florida broker license BK689801 · brokerage license CQ1064615. Last updated October 29, 2026.