Florida Foreclosure Auction 2026: How to Buy a Property at a FL Courthouse Sale
Florida is a judicial foreclosure state โ lenders must sue in court to foreclose, and the eventual sale is ordered by a judge. Since 2017, the vast majority of FL foreclosure auctions happen online rather than on courthouse steps, through a platform called Realauction.com. For investors willing to do thorough due diligence, FL foreclosure auctions can offer below-market prices โ but the risks are real and the process is strictly cash-and-as-is. This guide explains exactly how it works.
Florida's Judicial Foreclosure Process (The Path to Auction)
- Default: Borrower misses payments (typically 90+ days before lender files)
- Lis pendens filed: Lender files a notice of foreclosure lawsuit in circuit court โ this is recorded in the county's public records (F.S. ยง 48.23)
- Lawsuit served: Borrower is served and has 20 days to respond
- Summary judgment: If borrower doesn't contest, court enters a summary judgment of foreclosure
- Sale date set: Court orders the property sold at public auction, minimum 20 days after judgment
- Auction conducted: Online auction held at Realauction.com (most FL counties)
- Certificate of Sale issued: Winning bidder receives a Certificate of Sale; 10-day right of redemption period begins
- Certificate of Title issued: After 10 days (if no redemption), the clerk issues a Certificate of Title โ the investor's deed
How FL Online Foreclosure Auctions Work (Realauction.com)
- Register: Create an account at Realauction.com for the specific county you're targeting. Each county has its own portal.
- Deposit: Most FL counties require a 5% deposit (or $200 minimum) posted before you can bid, via electronic transfer
- Auction window: Auctions typically run for 1โ3 days with a defined closing time
- Opening bid: Set by the plaintiff (lender) โ typically the unpaid mortgage balance plus court costs, attorney fees, and accrued interest. Often higher than market value on underwater properties
- Bidding: Open competitive bidding โ anyone registered can bid. No reserve above the opening bid.
- Winning bid payment: Balance due within 24 hours (varies by county) โ cash/wire only. No financing.
- Plaintiff wins if no higher bidder: If no one bids above the plaintiff's opening bid, the lender takes title โ that property becomes REO (bank-owned)
What Liens Survive a Florida Foreclosure Sale
This is the highest-risk element. A foreclosure sale extinguishes most junior liens โ but NOT all. Buyers must research lien priority carefully before bidding.
| Lien Type | Survives Sale? | Notes |
|---|---|---|
| Property taxes | Yes | Always survive โ must be paid by new owner |
| IRS tax liens (federal) | Partially | Federal government has 120-day right of redemption after FL foreclosure sale |
| HOA liens | No (junior) | Extinguished by first-mortgage foreclosure; HOA may still recover from new owner up to 12 months of assessments (F.S. ยง 720.3085) |
| Second mortgage (junior to foreclosing lender) | No | Extinguished โ junior lender gets nothing if sale price insufficient |
| First mortgage (if not the foreclosing party) | Yes | Survives if not named in the suit |
| Municipal/code enforcement liens | Varies | Can survive if recorded; check with municipality |
| Mechanic's/contractor liens | Varies by priority | Research carefully |
Due Diligence Before Bidding
You cannot inspect the interior of an occupied foreclosure before bidding. Required research:
- Title search: Run a full title search through the county clerk's records to identify all liens, judgments, and encumbrances. Hire a title company or real estate attorney โ this is not DIY territory.
- Property tax status: Check the county property appraiser and tax collector sites for outstanding taxes and any tax certificate holders
- HOA status: Identify if HOA exists; call to ask about outstanding dues and whether the HOA has its own foreclosure action pending
- Lis pendens search: Check if there are other pending lawsuits against the property
- Exterior inspection: Drive by. Assess condition, occupancy status, visible damage
- Comparable sales: Estimate market value from comps. The opening bid may already be above market โ know your ceiling before you bid
After You Win: 10-Day Redemption Period
After the auction, the former owner (or anyone with an interest in the property) has 10 calendar days to redeem the property by paying the winning bid amount plus interest. This is rare but does happen, particularly on properties with significant equity. Do not make renovation plans or take possession until after the Certificate of Title is issued.
FL Foreclosure Auction vs. REO vs. Short Sale
| Purchase Path | Price | Condition Known? | Title Clean? | Financing Available? |
|---|---|---|---|---|
| Foreclosure Auction | Potentially below market | No interior access | Must research; risks | Cash only |
| REO (bank-owned) | Slightly below market | Yes (inspection allowed) | Generally clear | Yes |
| Short Sale | Below market | Yes (inspection allowed) | Yes | Yes |
| MLS Distressed | Market to slight discount | Yes | Yes | Yes |
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