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Florida Investor Guide

Florida Foreclosure Auction 2026: How to Buy a Property at a FL Courthouse Sale

By Emanuel Greco, Licensed FL Real Estate Professional ยท Updated July 2026

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)

  1. Default: Borrower misses payments (typically 90+ days before lender files)
  2. 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)
  3. Lawsuit served: Borrower is served and has 20 days to respond
  4. Summary judgment: If borrower doesn't contest, court enters a summary judgment of foreclosure
  5. Sale date set: Court orders the property sold at public auction, minimum 20 days after judgment
  6. Auction conducted: Online auction held at Realauction.com (most FL counties)
  7. Certificate of Sale issued: Winning bidder receives a Certificate of Sale; 10-day right of redemption period begins
  8. Certificate of Title issued: After 10 days (if no redemption), the clerk issues a Certificate of Title โ€” the investor's deed
FL is one of the longer judicial states: From first default to auction typically takes 12โ€“24 months in Florida โ€” longer during high-volume periods. The lis pendens filing is public, so properties in foreclosure can be tracked before the auction occurs.

How FL Online Foreclosure Auctions Work (Realauction.com)

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 TypeSurvives Sale?Notes
Property taxesYesAlways survive โ€” must be paid by new owner
IRS tax liens (federal)PartiallyFederal government has 120-day right of redemption after FL foreclosure sale
HOA liensNo (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)NoExtinguished โ€” junior lender gets nothing if sale price insufficient
First mortgage (if not the foreclosing party)YesSurvives if not named in the suit
Municipal/code enforcement liensVariesCan survive if recorded; check with municipality
Mechanic's/contractor liensVaries by priorityResearch carefully

Due Diligence Before Bidding

You cannot inspect the interior of an occupied foreclosure before bidding. Required research:

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 PathPriceCondition Known?Title Clean?Financing Available?
Foreclosure AuctionPotentially below marketNo interior accessMust research; risksCash only
REO (bank-owned)Slightly below marketYes (inspection allowed)Generally clearYes
Short SaleBelow marketYes (inspection allowed)YesYes
MLS DistressedMarket to slight discountYesYesYes

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