Florida runs judicial foreclosure sales as public online auctions under Chapter 45 of the Florida Statutes, and bidding requires a deposit equal to 5 percent of your final bid before the clerk will accept it. The homeowner's right to redeem the property ends when the clerk files the certificate of sale, a winning bidder waits through a 10-day objection window before getting a certificate of title, and certain liens, most notably a federal tax lien with a 120-day IRS redemption right, can still attach to the property after the sale closes.
This article is published by Home Pros (Balint Holdings, LLC), a veteran-owned cash home buyer and investor marketplace based in San Antonio that also sources off-market deals directly from Florida sellers. The statutory citations below come from the Florida Statutes and the Internal Revenue Code; the county-level deadline examples come from clerk of court websites, gathered September 17, 2026. Every Home Pros figure traces back to content/proof.json, the company's single internal source for its own numbers.
How does Florida's online foreclosure auction process work?
Florida forecloses judicially, meaning a lender has to win a lawsuit and a final judgment before any sale can happen, and Chapter 45 of the Florida Statutes governs everything that follows that judgment. The clerk of the circuit court, not the sheriff, conducts the sale, and in nearly every county today that sale happens entirely online rather than on the courthouse steps.
Most Florida clerks run their online auctions through a third-party vendor platform, commonly branded RealForeclose or RealAuction depending on the county, where a bidder registers an account, funds a deposit, and places bids from a browser during a scheduled window. Pasco and Walton counties, for example, both run their sales at county-specific RealForeclose subdomains, while a handful of other counties use a different vendor such as Bid4Assets. The mechanics differ slightly by county, but every one of them still answers to the same statute.
How much notice does Florida law require before a sale?
Florida Statute 45.031 requires the court, in the order or final judgment of foreclosure, to direct the clerk to sell the property at public sale on a date that is not less than 20 days nor more than 35 days after the date of that order or judgment. That window gives an investor a narrow, predictable runway to research the file, order a title search, and line up funds before the sale actually happens.
The sale date, once set, is not casually moved. A continuance is possible but requires a court order, so an investor tracking a specific property should treat the posted date as firm until the docket says otherwise.
How much deposit must an investor post, and when is the balance due?
Florida Statute 45.031 requires a bidder to post a deposit equal to 5 percent of the bidder's final bid before the clerk will accept it, and most county auction platforms require that deposit to be funded in your online bidder account before the sale even opens, not after you win. The remaining 95 percent, the balance, is due on a deadline the individual clerk sets, and that deadline varies more than most first-time bidders expect.
| County | Balance Due By | Source |
|---|---|---|
| Martin County | 10:00 a.m. ET the next business day | Martin County Clerk |
| Collier County | 10:30 a.m. the next business day (unless the judgment states otherwise) | Collier County Clerk |
| Brevard County | End of business day; wire transfers must arrive by 5:00 p.m. the day of sale | Brevard County Clerk |
| Walton County | 4:00 p.m. CST the day of the sale | Walton County Clerk |
| Bradford County | 4:00 p.m. EST the following day | Bradford County Clerk |
Because these deadlines are set at the circuit or clerk level rather than by 45.031 itself, an investor bidding in more than one county needs to confirm the specific deadline for that sale before bidding, not assume it matches the last county they bought in.
What happens if the winning bidder does not pay on time?
Missing the balance-due deadline is expensive and public. The clerk treats a late or missing payment as a default, forfeits the 5 percent deposit, and puts the property back up for sale, often at the next available auction date. Depending on the final judgment and the clerk's local procedure, a defaulting bidder can also be held liable for the difference if the property resells for less the second time. There is no financing contingency and no grace period built into the statute, so an investor should have certified funds ready to move before placing a bid, not after winning one.
When does the homeowner's right of redemption end?
Florida Statute 45.0315 gives the mortgagor, or the holder of any subordinate interest, the right to cure the default and stop the sale by paying the full amount specified in the judgment plus the foreclosing party's reasonable costs and attorney's fees. That right runs until the later of two things: the deadline set in the judgment itself, or the moment the clerk files the certificate of sale, whichever comes first under the statute's own terms. Once that filing happens, the statute is explicit that there is otherwise no right of redemption.
For an investor, the practical effect is that a sale can still be pulled at the last minute, even after the auction closes and a winning bid is recorded, until the clerk actually files the certificate of sale. That is one more reason not to spend money on the property, repairs, insurance binders, or anything else, until the certificate of title is in hand.
How long until a winning bidder gets marketable title?
Winning the auction does not hand you a deed. The clerk first issues a certificate of sale once your payment clears, then holds it open for objections for 10 days. If nobody files an objection to the sale within that window, the clerk confirms the sale and issues a certificate of title to the purchaser. Only the certificate of title, not the certificate of sale, functions as your evidence of ownership going forward.
That 10-day gap is also 10 days where the property is not insurable, not financeable, and not something a title company will close a resale on. Investors who plan to wholesale or refinance quickly need to build that window into their timeline from the start.
What happens to surplus funds after the sale?
When a property sells at auction for more than the judgment amount plus costs, Florida Statute 45.032 calls the remainder surplus funds. The statute sets up a rebuttable legal presumption that the owner of record as of the date the lis pendens was filed is the person entitled to that surplus, once any subordinate lienholders who filed a timely claim are paid first. Anyone claiming the surplus as an assignee of the former owner has to prove that claim to the court rather than simply asserting it.
Surplus that nobody claims does not sit with the clerk forever. One year after the sale, unclaimed surplus is presumed abandoned and must be reported and remitted as unclaimed property unless a court proceeding over entitlement is still pending. This detail matters less to a bidder buying the property than to anyone tracking the previous owner's outcome, but it is part of the same statute investors should know end to end.
Which liens can survive a Florida foreclosure auction?
A foreclosure sale generally wipes out liens junior to the mortgage being foreclosed, which is the entire point of the sale for the lender, but "generally" is doing real work in that sentence. Two categories of liens routinely survive regardless of the mortgage priority.
| Lien Type | Typically Survives? | Why |
|---|---|---|
| Federal tax lien, IRS not given 25 days' notice | Yes | Lien is not discharged by the sale at all (26 U.S.C. 7425) |
| Federal tax lien, IRS properly noticed | Discharged, but redeemable | IRS keeps a 120-day right to redeem the property (26 U.S.C. 7425(d); IRS IRM 5.12.5) |
| Code enforcement / municipal nuisance liens | Often | Many Florida municipalities treat these as running with the land |
| HOA or condo association lien, association properly named | Usually not | Extinguished by a properly noticed first-mortgage foreclosure |
| Unpaid property taxes accruing after the sale | N/A, becomes buyer's responsibility | Ad valorem taxes attach to the property going forward regardless of prior liens |
The federal tax lien rule is the one that catches the most investors off guard: even when the IRS is properly noticed and its lien is technically discharged by the sale, the government still has 120 days from the sale date, or longer if Florida law allows more time, to redeem the property by repaying the purchase price plus interest at 6 percent a year. A property with an IRS lien in the title chain is not a property you can safely renovate or resell inside that 120-day window.
What title risk should an investor budget for before bidding?
There is no seller disclosure, no inspection contingency, and no financing condition at a Florida foreclosure auction; once you bid and post the deposit, you own the outcome, defects and all. A title search before the sale is the only real defense, and it is what tells you whether a code enforcement lien, an HOA claim, or a federal tax lien is sitting in the chain of title before you commit capital.
Because a certificate of title is not a warranty deed and does not come with title insurance, many investors who plan to resell or refinance quickly budget for a quiet title action, commonly 1,500 to 4,000 dollars depending on complexity, before a title insurer will write a policy. Skipping that step does not remove the risk, it just moves the discovery of the problem to the closing table on your exit, which is a far more expensive place to find it.
Is there a lower-risk way to source the same deal in Florida?
Every step above, the 5 percent deposit, the same-day or next-day balance deadline, the 10-day title gap, and the lien-survival questions, exists because an auction sale happens without the seller's ongoing cooperation. Buying directly from an owner who still holds clear title and wants to sell before a case ever reaches the auction calendar removes all of it at once: no deposit forfeiture risk, no certificate-of-title waiting period, and a seller who can answer questions about the property's condition and history.
Home Pros runs exactly that kind of pipeline in Florida alongside its other service states, and investors can review current inventory through the Home Pros marketplace, apply to buy through the buyer program, or submit acquisition criteria directly through deal submit. Sellers considering a direct sale instead of letting a case proceed toward auction can start at the Florida seller hub or the cash offer calculator.
Frequently Asked Questions
What percentage deposit does Florida law require to bid at a foreclosure auction?
Florida Statute 45.031 requires a bidder to post a deposit equal to 5 percent of the bidder's final bid before the clerk will accept it, and most clerks require the deposit to be funded in the online bidding system before the sale begins, not after a winning bid is placed.
Can I get title insurance the day I win a Florida foreclosure auction?
No. A winning bidder receives a certificate of sale, then a certificate of title after a 10-day objection window, neither of which comes with a title insurance policy or a warranty of title, so most investors run a title search before bidding and budget for a possible quiet title action, commonly 1,500 to 4,000 dollars, before a title company will insure the property.
How long does the IRS have to redeem a property after a Florida foreclosure sale?
Under 26 U.S.C. Section 7425(d) and IRS guidance at IRM 5.12.5, the IRS has 120 days from the sale date, or the period allowed under Florida law if longer, to redeem the property by repaying the purchase price plus 6 percent annual interest, and if the IRS was not given the required 25 days' advance notice of the sale, its lien is not discharged at all.
What happens to the previous owner's right to redeem the house?
Florida Statute 45.0315 lets the homeowner, or a subordinate lienholder, pay the full judgment amount plus fees and costs to stop the sale at any time before the clerk files the certificate of sale or before an earlier deadline the judgment sets. Once that filing happens, the statutory right of redemption ends.
Do HOA liens survive a Florida foreclosure sale?
Usually not when the first mortgage holder properly named the association as a defendant in the foreclosure case, because a first-mortgage foreclosure typically wipes out a junior HOA or condo association lien. Code enforcement liens behave differently and more often survive with the property, so a title search should check both before you bid.
What happens to leftover money after the mortgage and foreclosure costs are paid?
Florida Statute 45.032 calls this surplus, and it creates a rebuttable presumption that the owner of record as of the date the lis pendens was filed is entitled to it, after any subordinate lienholders who filed a timely claim are paid. Surplus that sits unclaimed with the clerk for a year is reported and remitted as unclaimed property.
Is there a faster, lower-risk way to acquire this kind of deal in Florida?
Yes. Home Pros sources deals directly from Florida owners before a case ever reaches the auction calendar, which skips the 5 percent deposit, the same-day balance deadline, the 10-day title gap, and the lien-survival questions entirely. Investors can review live inventory through the Home Pros marketplace or submit their own criteria through dealsubmit.
Sources
- Florida Statute 45.031, Judicial Sales Procedure: the 20-to-35-day sale window and the 5 percent bidder deposit requirement. (WebSearch retrieval; direct fetch of flsenate.gov blocked by network egress this run.)
- Florida Statute 45.0315, Right of Redemption: the cutoff at the filing of the certificate of sale and the amount required to redeem. (WebSearch retrieval; direct fetch of flsenate.gov blocked by network egress this run.)
- Florida Statute 45.032, Disbursement of Surplus Funds After Judicial Sale: the owner-of-record presumption and the one-year unclaimed-property deadline. (WebSearch retrieval; direct fetch of flsenate.gov blocked by network egress this run.)
- IRS, IRM 5.12.5, Redemptions: the 120-day federal redemption period and the 6 percent interest calculation under 26 U.S.C. 7425(d). (WebSearch retrieval this run.)
- Martin County Clerk, Foreclosures: the 10:00 a.m. next-business-day balance deadline example, and confirmation that Florida judicial sales run through online vendor platforms such as RealForeclose. (WebSearch retrieval; direct fetch of martinclerk.com blocked by network egress this run.)
Foreclosure procedure, deposit rules, and payment deadlines vary by county and can change by legislative session or local administrative order; confirm current requirements with the specific circuit clerk before bidding. This article is educational and not legal advice; consult a Florida real estate attorney or title company before bidding at any auction.
Co-founder and COO of Home Pros (Balint Holdings, LLC) and a licensed Texas real estate agent. Trevor runs the acquisitions side of the business, pricing and closing offers directly with sellers. More about Trevor →