Facing Foreclosure in Tampa, What to Do Now

Florida Chapter 702 requires foreclosures to be filed in Hillsborough County 13th Judicial Circuit Court (800 E. Twiggs St., Tampa, FL 33602). The lender must file a complaint, serve the homeowner, and proceed through circuit court — there is no private trustee or non-judicial process in Florida. After the court-ordered foreclosure sale, equity of redemption expires — Florida has no post-sale redemption period. Florida homestead protection: the homestead exemption protects Tampa homeowners from most judgment creditors, but does NOT prevent mortgage foreclosure. Florida deficiency protection: HB 87 (2013) shortened the deficiency action window to 1 year after the foreclosure sale and requires the court to reduce the deficiency by the fair market value of the property. Total timeline: approximately 10 to 18 months from first missed payment to court-ordered sale.

Florida Chapter 702 Judicial Foreclosure: The Tampa Process

Step 1: Federal 120-day waiting period. Federal mortgage servicer regulations require 120 days from first missed payment before the lender can file a foreclosure complaint.

Step 2: Complaint filed in Hillsborough County 13th Judicial Circuit. The lender (plaintiff) files a Complaint for Mortgage Foreclosure in circuit court. The filing establishes a lis pendens — a recorded notice that litigation is pending against the property, which clouds the title and prevents sale without court approval (or payoff of the mortgage).

Step 3: Service of process. The homeowner (defendant) must be personally served by a process server. Florida is known for its service difficulties when homeowners avoid service — court systems have developed procedures for service by publication if the homeowner cannot be located.

Step 4: 20-day answer period. After service, the homeowner has 20 days to file an Answer. Common defenses: standing (lender must prove it owns the note and mortgage), defective notice, servicer error in the amounts demanded.

Step 5: Mediation — Hillsborough County Circuit Court. Hillsborough County 13th Judicial Circuit offers a Residential Mortgage Foreclosure Mediation Program. The court may order mediation before trial, providing an opportunity to discuss modification, short sale, or deed-in-lieu directly with the lender’s representative.

Step 6: Summary judgment or trial. If the homeowner does not file a valid defense, the lender typically files a Motion for Summary Judgment. The court sets a summary judgment hearing — often 90 to 180 days after the complaint is filed. If summary judgment is granted, the court enters a Final Judgment of Foreclosure setting the sale date.

Step 7: Notice of Sale — 20-day publication. After the Final Judgment of Foreclosure, the clerk of Hillsborough County Circuit Court publishes a Notice of Sale in a local newspaper for 2 consecutive weeks — at least 20 days before the scheduled sale.

Step 8: Online auction at hillsborough.realforeclose.com. Hillsborough County conducts mortgage foreclosure sales online through the RealForeclose.com platform. The lender submits a credit bid (typically the outstanding loan balance plus costs); third-party buyers bid against the lender’s credit bid.

Step 9: Certificate of Sale and Certificate of Title. After the online auction, the clerk issues a Certificate of Sale. If no objections are filed within 10 days, the clerk issues a Certificate of Title to the winning bidder. Equity of redemption expires with the Certificate of Title issuance — no post-sale redemption period in Florida.

Total timeline from first missed payment to Certificate of Title: Federal 120 days + complaint filing + service + 20-day answer + motion timeline + publication = approximately 10 to 18 months.

Florida Homestead Exemption: What It Protects and What It Doesn’t

Florida’s homestead exemption is among the strongest in the US: in bankruptcy, unlimited homestead protection for real property used as primary residence (subject to 1,215-day residency rule for those who moved to Florida from another state before filing).

What the homestead exemption DOES protect against:

• Judgment liens from unsecured creditors (credit cards, medical debt, personal loans)
• Forced sale to satisfy those judgment liens
• State and federal income tax liens (with some limitations)

What the homestead exemption does NOT protect against:

• Mortgage foreclosure (the mortgage is a voluntary lien against the homestead — the homestead exemption does not prevent the mortgagee from foreclosing)
• HOA liens (Florida § 720.3085: HOA has authority to foreclose on unpaid assessments)
• Condo association assessment liens (Florida § 718.116)
• Property tax liens (priority lien over all others)

Florida HB 87 (2013) — Deficiency Reform

After the 2008-2012 Florida foreclosure crisis, the Florida Legislature enacted HB 87 (2013, F.S. § 702.06) to reform deficiency judgments:

1-year statute of limitations: After the court issues the Certificate of Title in a Florida foreclosure, the lender has only 1 year to file a separate deficiency action in circuit court. After 1 year, the deficiency claim is forever barred.

Fair market value credit required: If the lender seeks a deficiency, the court must determine the fair market value of the property at the date of the foreclosure sale. The deficiency judgment is limited to the loan balance minus the FAIR MARKET VALUE (not the foreclosure sale price). If the home sells for less than fair market value at the auction (common when lenders credit-bid the full loan balance), the court’s FMV determination may significantly reduce or eliminate the deficiency.

Compare to Missouri: Missouri has no anti-deficiency protection after a § 443.310 non-judicial trustee’s sale — lenders can sue for the full shortfall within 5 years. Florida’s 1-year window + FMV credit provides much stronger protection than Missouri but weaker protection than California (complete anti-deficiency under CCP § 580d) or Oregon (ORS 86A.175(4)).

Strategic Options for Tampa Homeowners in Foreclosure

Option 1: Loan modification under HBOR / CFPB rules. Florida lenders must comply with federal CFPB servicing rules (Regulation X) requiring review of loss mitigation applications before proceeding with foreclosure. Submit a complete loss mitigation application — the lender cannot proceed with the foreclosure while the application is under review.

Option 2: Sell before the certificate of title. A cash sale at any point before the court issues the Certificate of Title pays off the mortgage and stops the Florida foreclosure. No post-sale redemption means acting before the Certificate of Title is essential. The 10 to 18 month Florida timeline provides a meaningful window — but the lis pendens means the title must be cleared before a buyer can get clear title, requiring the sale proceeds to fully pay off the mortgage.

Option 3: Chapter 13 bankruptcy. Automatic stay halts the Hillsborough County foreclosure proceeding. Chapter 13 allows 3 to 5 years to repay mortgage arrears through a court-confirmed plan. Florida’s unlimited homestead exemption means there is typically no risk of the bankruptcy trustee liquidating the Tampa home.

Option 4: Deed-in-lieu with waiver of deficiency. Negotiate a deed-in-lieu directly with the lender. Request a written agreement that the lender waives any deficiency claim (eliminating even the 1-year HB 87 deficiency risk). Must occur before the lender files its foreclosure complaint or before the lis pendens is recorded.

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For the full overview of Tampa fast-sale options, see: Sell My House Fast Tampa FL: Every Real Option in 2026