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Category: Florida Real Estate FAQs

Can I sell my Florida house if I’m behind on payments?

Yes. Being behind on payments does not prevent you from selling your home, even if you owe more than the home is currently worth. A short sale allows your lender to approve a sale for less than the full loan balance.

This is one of the most common misconceptions among homeowners in financial distress, and it costs people real time and money. Many assume that falling behind means the home is essentially frozen until either they catch up or the bank takes it. Neither is true. A behind-on-payments home is still a sellable home; it just sells through a different process than a standard listing.

What actually changes when you’re behind

In a standard sale, the seller’s proceeds need to cover the remaining loan balance, closing costs, and any liens, with whatever’s left going to the seller. In a short sale, the home sells for less than what’s owed, and the lender agrees in advance to accept those proceeds as settlement on the loan, forgiving or otherwise resolving the rest. The home still closes with a real buyer, a real contract, and a real closing table. The difference is who has to approve the final number.

Negative equity, meaning you owe more than the home is worth, is the most common reason homeowners assume they’re stuck. It’s also exactly the situation a short sale exists to solve. Lenders evaluate the property’s fair market value, generally through a broker price opinion or appraisal, and approve a sale price they’re willing to accept, even when that price doesn’t cover the full debt.

Why lenders agree to this at all

From the lender’s perspective, a short sale that closes in a matter of weeks is often cheaper than carrying a loan through full foreclosure, taking the property back, and reselling it as bank-owned real estate, which involves legal costs, an empty house, and resale time on top of the loss already being absorbed. That math, more than any goodwill toward the borrower, is why short sale approval departments exist at most servicers.

None of this happens automatically. It requires submitting a complete file, an accurate valuation, and a buyer willing to work within the lender’s timeline. But the door is open, and falling behind on payments is the reason that door exists, not the reason it’s closed.

Don’t wait to find out where you stand. Call or text Michele Lee Scherger at 561-309-2950 for a private, no-obligation conversation about your specific situation.

 

What is the difference between a short sale and a foreclosure in Florida?

A short sale is directed by the homeowner, working with the lender, who controls the timeline and the outcome. A foreclosure in Florida goes through circuit court, is directed by the lender and the judge, and becomes part of the public record.

The two paths can start from the exact same place, a homeowner behind on payments, and end in completely different outcomes depending on which one is pursued. Understanding the practical difference, not just the legal definition, helps explain why so many agents push hard for a short sale over letting foreclosure run its course.

Who’s actually in the driver’s seat?

In a short sale, the homeowner chooses to list the property, works with an agent to find a buyer, and negotiates terms the lender then reviews. The homeowner has a voice in the price, the buyer, and the timeline, within the limits the lender sets. In a foreclosure, none of that applies. The lender files a lawsuit, the court sets deadlines, and if the homeowner doesn’t successfully resolve the case, the property is sold at a public auction to whoever bids the most, with the proceeds going first to the lender.

Florida’s judicial process specifically

Florida requires every mortgage foreclosure to go through circuit court under Chapter 702 of the Florida Statutes. The lender files a complaint, the homeowner has 20 days to respond, and if they don’t, the court typically enters a default judgment in the lender’s favor. If they do respond, the case proceeds through the court system, sometimes for months, before a judge enters a final judgment and the courthouse sale is scheduled, generally 20 to 35 days later.

That judicial process is actually one of the more borrower-protective foreclosure systems in the country, compared to states that allow non-judicial foreclosure with no court involvement at all. But it still ends the same way if nothing is done: a forced sale with no input from the former homeowner on price, buyer, or timing.

The practical stakes

A short sale that closes cleanly typically resolves in a matter of weeks to a couple of months and gives the homeowner a say in the outcome. A foreclosure that runs its full course in Florida can take the better part of a year or more, becomes public from the moment it’s filed, and ends with a result the homeowner had no real ability to shape.

Have a question about your own situation? Call or text Michele Lee Scherger at 561-309-2950. As a Certified Short Sale Expert, she can walk you through what applies to your loan, your lender, and your timeline. 

What do I do if I can’t pay my mortgage in Florida?

Call a Florida-licensed agent who specializes in short sales as soon as you miss a payment, before contacting your lender yourself. Missing payments does not automatically lead to foreclosure, and homeowners who reach out early keep far more options than those who wait.

That advice runs against instinct for most people. The natural reaction to a missed payment is to avoid the phone, hope the next paycheck catches things up, and deal with it later if it becomes a real problem. But mortgage default in Florida moves on a fairly predictable schedule, and knowing that schedule changes how you should think about timing.

How the foreclosure timeline actually works

Most servicers don’t take any legal action after one missed payment. Typically, a loan is considered in default once it’s 90 to 120 days delinquent, which is when the servicer refers the file to its loss mitigation or foreclosure department. Florida is a judicial foreclosure state, meaning the lender then has to file an actual lawsuit in circuit court, serve the homeowner, and get a judge to enter a final judgment before any sale can happen. That process, start to finish, commonly takes many months.

This matters because it means a missed payment is not a cliff edge. It’s the start of a runway. The length of that runway depends on the servicer and the loan, but in nearly every case there’s meaningful time between the first missed payment and any forced outcome, and almost everything a homeowner can do to preserve options happens during that window, not after.

Why the order of operations matters

Calling an agent before calling the lender isn’t about avoiding the bank. It’s about walking into that first lender conversation already knowing what’s realistic for your situation: whether a short sale, a loan modification, or a repayment plan fits best, what documentation the lender will eventually want, and what questions to ask. Homeowners who call their servicer first, without that context, often get a menu of options read to them with no sense of which one actually serves their interests.

An agent who works short sales regularly has usually seen your servicer’s process before, knows roughly how that lender’s loss mitigation department tends to behave, and can tell you early whether a short sale is even the right tool for your situation or whether something else, like a modification, makes more sense first.

  •       A missed payment starts a process, it doesn’t end your options
  •       Florida’s judicial foreclosure process takes months, not weeks, from first filing to final sale
  •       The information you gather before calling the lender shapes how that call goes

Don’t wait to find out where you stand. Call or text Michele Lee Scherger at 561-309-2950 for a private, no-obligation conversation about your specific situation.

No obligation, confidential call.
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