Foreclosure Action: A Legal Proceeding

A foreclosure action is a legal proceeding to terminate the lender's interest in the property to either gain ownership or to force a sale in order to satisfy the unpaid debt secured by the property.

Getting Help

Resources are available to help you understand foreclosure litigation from the homeowner's or tenant's perspective. Additional resources may be available to you online, or at your local library. Below is a limited list of online resources.

• The Twelfth Judicial Circuit Court Foreclosure Division provides valuable information about foreclosure proceedings including:
  • Frequently Asked Questions about the mortgage foreclosure process
  • Do's and Don'ts for Self-Represented Parties
  • Glossary of Legal Terms and Definitions
  • Rights and Duties of Tenants
  • List of Low-Cost Attorneys
• Gulfcoast Legal Services is a non-profit corporation providing free legal assistance to income-eligible residents of the greater Tampa Bay area, with offices in Pinellas and Manatee counties. Visit their housing page for more information about foreclosure assistance.
• Sarasota County Law Library provides a reference library with computers, research assistance, notarization, printing, and photocopying available for anyone to use.

Receiving Notice of the Foreclosure Action

A foreclosure action begins with the filing of a complaint by the lender, called the Claimant, which alleges one or more defaults by the homeowner, called the Defendant, under the terms of the mortgage and promissory note.

When the foreclosure action is filled, the Rules of Civil Procedure (Rule 1.070, Process) require the Clerk and Comptroller to issue a summons to be served on the defendant, with the most common method being service by the local sheriff or a private process server.

Answering the Summons / Defaults for Non-Response

A summons provides the defendant with instructions and a time frame for answering the Claimant's complaint. When a defendant fails to file or serve a response to the foreclosure complaint, the Florida Rules of Civil Procedure (Rule 1.500, Defaults and Final Judgments) permit the lender to request the:

• Clerk and Comptroller to enter a default against the party who did not respond or answer the complaint; and the
• Court to issue a default final judgment.

Participating in Mediation Programs

All residential property owners (whether homestead or non-homestead properties) facing foreclosure are eligible to participate in the Twelfth Judicial Circuit Court's Foreclosure Managed Mediation Program. Learn how this program can help your situation.

Hearing and Final Judgment of Foreclosure 

The Rules of Civil Procedure (Rule 1.510, Summary Judgment) provide for either the Claimant or the Defendant to move for (request from the court) a Summary Judgment. A hearing is then scheduled at which time the court may rule on the Motion for Summary Judgment.

• If the Claimant's Motion for Summary Judgment is granted, the court will issue a Final Judgment and set an auction date for the property.
• If the Defendant's Motion for Summary Judgment is granted, the case is dismissed.

Understanding the Auction Process

When the court orders a foreclosure sale, the Clerk and Comptroller is responsible for selling the property at a foreclosure auction. Learn about the foreclosure auction process.