Can I sell my house before foreclosure in Fort Lauderdale?

If you own a house in Fort Lauderdale, FL and you are dealing with foreclosure, this page covers what actually happens next — the local timeline, what it costs, and the options that stay open to you. Everything below is specific to Fort Lauderdale and how sales are handled in FL, not generic national advice.

Direct Answer

Yes, you can absolutely sell your house before foreclosure in Fort Lauderdale. In Florida, you maintain the legal right to sell your property at any point during the foreclosure process until the moment the Clerk of the Court files the 'certificate of sale' after a foreclosure auction. Selling your home is often the most effective way to pay off your mortgage debt, protect your credit score, and potentially walk away with remaining equity.

Key Details

Selling a home in pre-foreclosure is a common strategy used by homeowners in Broward County to avoid the long-term financial damage of a foreclosure judgment. Because Florida is a 'judicial foreclosure' state, the process moves through the court system, providing a window of time—usually several months—to find a buyer.

The Two Main Ways to Sell

1. Traditional Sale: If your home is worth more than what you owe on your mortgage, you can sell it just like any other house. You use the proceeds at closing to pay off the bank in full, including any late fees and legal costs. Any money left over belongs to you.
2. Short Sale: If you owe the bank more than the house is currently worth (you are 'underwater'), you may need to perform a short sale. In this scenario, you must get the lender’s permission to sell the home for less than the total debt. The lender agrees to this because it is often cheaper and faster for them than completing a foreclosure.

The Importance of Timing

In Fort Lauderdale, the foreclosure process officially begins when the lender files a lawsuit called a Lis Pendens. From that moment, a 'clock' starts ticking. While you have the right to sell, you must work quickly. If you find a buyer, your attorney can often petition the court to delay a scheduled sale date to allow the closing to happen. However, once the auction occurs and the Clerk issues the certificate of sale, your right to sell the property expires.

FL-Specific Laws

Florida has specific statutes that govern how foreclosures work. Understanding these is vital for any Fort Lauderdale homeowner.

• Judicial Foreclosure State: Florida requires lenders to file a lawsuit to foreclose (Florida Statutes Chapter 702). This means a judge must sign a final judgment before your house can be sold at auction. This process gives you time to respond and seek a private sale.
• Right of Redemption (Fla. Stat.  45.0315): This is one of the most important laws for homeowners. It states that at any time before the filing of the certificate of sale by the clerk, the mortgagor (the homeowner) may cure the indebtedness and may help avoid foreclosure sale. This 'curing' can be done by selling the house and paying off the debt.
• The 20-Day Rule: Once you are served with a foreclosure summons and complaint, you have exactly 20 days to file a written response with the Broward County Clerk of Court. If you fail to do this, the lender can get a 'default judgment,' which speeds up the foreclosure.
• Deficiency Judgments (Fla. Stat.  702.06): In Florida, if your house sells at a foreclosure auction for less than you owe, the lender can sue you for the difference. Selling the home yourself—especially through a negotiated short sale—can often include a waiver of this deficiency, protecting you from future debt.

Fort Lauderdale Local Context

In Fort Lauderdale, foreclosure cases are handled by the 17th Judicial Circuit Court of Florida. Most proceedings take place at the Broward County Courthouse on SE 6th Street.

• Broward County Clerk of Court: The Clerk manages the actual foreclosure auctions, which are held online at broward.realforeclose.com. You can track your case status through the Clerk’s online portal to see exactly when a sale date is scheduled.
• Foreclosure Mediation: While Florida no longer has a mandatory statewide mediation program, the 17th Judicial Circuit has previously utilized managed mediation programs to help homeowners and lenders reach agreements. You should check the current Administrative Orders of the 17th Circuit to see available options.
• Local Assistance:
  • Legal Aid Service of Broward County: This organization provides free or low-cost legal help to eligible residents facing foreclosure in Fort Lauderdale. They can help you understand your rights and file the necessary court papers.
  • Broward County Housing Finance Authority: They offer resources and information for homeowners in distress, including links to HUD-approved housing counselors who can help you negotiate with your lender while you try to sell the home.

What You Can Do Right Now

1. Contact a Real Estate Agent: Find an agent in Fort Lauderdale who has experience with 'short sales' or 'distressed properties.' They can give you a 'Broker Price Opinion' (BPO) to see if you have equity or if you need to request a short sale.
2. Request a Payoff Statement: Call your mortgage servicer and ask for a formal payoff statement. This tells you exactly how much money is needed to clear the title. This is the 'target price' for your sale.
3. File an Answer: If you have been served with a summons, do not ignore it. File a response with the Broward Clerk of Court within 20 days. Mention that you are actively attempting to sell the property.
4. Consult a Foreclosure Attorney: A local attorney can help you file motions to 'stay' or 'enlarge' the time of the sale if you have a signed purchase contract from a buyer.
5. Gather Financial Documents: If you are pursuing a short sale, the lender will want to see your tax returns, pay stubs, and a 'hardship letter' explaining why you can no longer afford the payments.