What Does Pre-Foreclosure Mean in Florida?
Pre-foreclosure in Florida means a homeowner has fallen behind on mortgage payments and the lender has begun the legal process to foreclose, but the home has not yet been sold at auction. The property is still owned by the homeowner. It is not bank-owned. The homeowner still has legal rights and options.
Florida is a judicial foreclosure state, which means the lender must file a lawsuit and go through the court system before taking ownership. This judicial process is actually an advantage for homeowners because it creates significantly more time to find a solution compared to non-judicial foreclosure states where the process can move much faster.
What Is a Lis Pendens and What Does It Mean for Your Home?
Lis Pendens is Latin for “suit pending.” It is a formal document the lender files with the Clerk of Court that serves as public notice that a foreclosure lawsuit has been filed against your property. Once recorded, it becomes part of the public record and can be found by anyone searching court records, including title companies, other lenders, and potential buyers.
A Lis Pendens does NOT mean you have lost your home. It means the lender has started the legal process. You still hold title. You can still sell the property, refinance (though this becomes difficult), or negotiate with your lender. However, title companies will flag the Lis Pendens as a title issue, which means any sale will need to resolve the pending lawsuit as part of closing.
In Hillsborough County, Lis Pendens filings are searchable through the Clerk of Court’s online portal. These are public records.
What Is the Florida Foreclosure Timeline?
| Stage | Timeframe | What Happens |
|---|---|---|
| Missed Payments | Months 1 to 3 | Lender sends notices, attempts contact. Federal law requires 30-day breach letter. |
| Lis Pendens Filed | Months 3 to 6 | Lender files lawsuit. You have 20 days to file an Answer. Critical deadline. |
| Litigation | Months 6 to 12+ | Discovery, motions, possible summary judgment. Your attorney raises defenses. |
| Final Judgment | Varies | Judge determines total amount owed including fees, interest, and costs. |
| Auction | 20 to 35 days after judgment | Property sold at public auction. Notice published for 2+ consecutive weeks. |
| Redemption | ~10 days after sale | Brief window to pay full amount and reclaim property before Certificate of Title. |
Months 1 to 3: Missed Payments. After missing mortgage payments, your lender sends notices and attempts to contact you. Federal law requires the lender to send a pre-foreclosure breach letter giving you at least 30 days to cure the default before taking legal action. Most lenders will not file suit until you are at least 90 days behind.
Months 3 to 6: Lis Pendens Filed. If the default is not resolved, the lender files a Lis Pendens with the county court. You are served with a Summons and Complaint. You have 20 days to file an Answer with the court. This is the single most important deadline in the entire process. If you do not respond within 20 days, the lender can request a default judgment, which dramatically accelerates the foreclosure.
Months 6 to 12+: Litigation. If you file an Answer, the case enters the litigation phase. The lender may pursue a summary judgment to speed things up. Your attorney can raise defenses, challenge the lender’s standing, request documentation, and negotiate. This phase can stretch out significantly depending on the complexity of the case and the court’s docket.
Final Judgment. Eventually, a judge determines the total amount owed. This includes the original principal, accumulated interest, attorney fees, court costs, late charges, property inspection fees, insurance advances, tax advances, and any other expenses the lender incurred. This final number can be dramatically higher than what you originally owed.
Foreclosure Auction (20 to 35 Days After Judgment). The property is sold at public auction, typically at the county courthouse. Notice of sale must be published for at least two consecutive weeks before the sale date. The lender usually bids on the property using a “credit bid” for the amount owed rather than cash.
Right of Redemption. After the auction, Florida law provides a brief redemption period, typically until the Clerk files the Certificate of Title (usually about 10 days after the sale). During this window, you can pay the full amount owed plus all costs to reclaim the property.
The total timeline from first missed payment to completed foreclosure can range from 6 months to over 2 years in Florida. However, the more time that passes, the fewer options remain and the higher the costs accumulate.
What Are Your Options During Pre-Foreclosure?
During pre-foreclosure, you have several paths available. The right choice depends on your equity position, financial situation, and goals. For a complete breakdown of all options, see the Pre-Foreclosure & Short Sale Options overview page.
Loan Modification: Change your mortgage terms to make payments affordable. Contact your lender’s loss mitigation department immediately.
Forbearance: Temporary pause or reduction in payments during a short-term hardship.
Sell the Home: If you have equity, selling before the foreclosure progresses protects your credit entirely. Get your home’s current value.
Short Sale: If you are underwater, sell for less than you owe with lender approval. Much less credit damage than foreclosure.
Deed in Lieu: Hand the property back to the lender to avoid the foreclosure process.
Legal Defense: Hire a foreclosure defense attorney to challenge the lender’s case, buy time, and negotiate from a stronger position.
Why Is Tampa Bay Seeing More Pre-Foreclosures?
Tampa Bay is experiencing a significant increase in pre-foreclosure activity driven by several converging factors. Property insurance premiums have more than doubled for many homeowners since 2022. Some families who purchased during the 2020 to 2023 market boom are now underwater or at breakeven. HOA fees, property taxes, and general cost of living have all increased.
In 2025, Florida led the nation in foreclosure filings at 0.44% of residential properties. The Tampa metro posted the highest foreclosure rate among metros with populations over one million, with roughly one in every 1,373 housing units facing a filing. While part of that spike was attributed to a backlog of Hillsborough County records being reported at once, the underlying pressures on homeowners are real and ongoing.
Buying Pre-Foreclosure Properties in Tampa Bay
For buyers and investors, pre-foreclosure properties represent an opportunity to purchase homes before they reach the courthouse steps. Because the homeowner is still involved, pre-foreclosure purchases often result in better-condition properties at below-market prices compared to buying at auction or purchasing bank-owned REO.
However, buying pre-foreclosure requires patience and expertise. The seller’s lender must approve any short sale transaction. Title issues are common. Properties may need repairs, and you should always get a thorough inspection. I work with Best Bay Services, a local handyman and home services company, to provide honest repair cost assessments before you commit to a purchase.
I monitor pre-foreclosure and distressed listings across the Tampa Bay area through the MLS and can set up automated alerts for properties matching your criteria. Search Tampa Bay homes for sale or contact me to set up a custom distressed property search.
Key Takeaways
- Pre-foreclosure means the process has started but you still own the home and still have options
- A Lis Pendens is a notice, not a transfer of ownership
- The 20-day deadline to file an Answer after being served is critical. Do not miss it.
- Florida’s judicial process gives homeowners 6 months to 2+ years, but costs accumulate at every stage
- Earlier action means more options and better outcomes
- For buyers, pre-foreclosure offers below-market value with better property condition than REO
Frequently Asked Questions
Can I still live in my home during pre-foreclosure?
Yes. You remain the legal owner until the foreclosure sale is completed and the Certificate of Title is filed. During the entire pre-foreclosure and litigation period, you have the right to occupy the property.
How do I know if my home is in pre-foreclosure?
You will be served with a Summons and Complaint. A Lis Pendens will be recorded with the county Clerk of Court. If you are unsure, search the Hillsborough County Clerk’s online records or call your lender to ask about the status of your account.
What happens if I do not respond to the foreclosure complaint within 20 days?
The lender can request a default judgment from the court, which significantly accelerates the process. The court may grant the foreclosure without a hearing, and you lose the opportunity to raise defenses or negotiate from a position of legal standing.
Can I sell my home during pre-foreclosure?
Yes. If you have equity, you can list and sell the home normally, pay off the mortgage at closing, and walk away with any remaining proceeds. If you are underwater, you can pursue a short sale with lender approval. Selling during pre-foreclosure is almost always better for your credit and finances than waiting for foreclosure.
Where can I find free foreclosure counseling?
HUD-approved housing counseling agencies provide free or low-cost guidance. Call 1-800-569-4287 or visit hud.gov to find a counselor in your area. These counselors can help you understand your options and communicate with your lender.
Need Help With a Distressed Property?
Call Barrett for a confidential, no-pressure conversation about your options.
Barrett Henry, Broker Associate, RE/MAX Collective. Serving Valrico, Brandon, Riverview, Tampa, and the greater Tampa Bay area.
Related: Pre-Foreclosure & Short Sale Options Overview | How Short Sales Work in Tampa Bay
Last Updated: February 2026