Florida's Right of Redemption Before a Foreclosure Sale

Even after a foreclosure case is well underway, Florida law gives a homeowner a specific, statutory right to stop the sale by curing the debt, right up until a real, defined cutoff point. Here's how that right works.

What the right of redemption actually is

Under Florida Statute 45.0315, the mortgagor, or the holder of any subordinate interest, may cure the mortgagor's indebtedness and prevent a foreclosure sale. This is done by paying the amount specified in the judgment, order, or decree of foreclosure if one has been entered, or, if no such judgment has been rendered yet, by tendering the performance actually due under the security agreement, including any amount due because of an acceleration, plus the reasonable expenses of the foreclosure proceeding incurred up to that point, including reasonable attorney's fees for the creditor.

The hard deadline this right operates under

F.S. 45.0315 sets a real cutoff: the right of redemption generally exists until the later of the clerk of court filing a certificate of sale, or the time specified in the judgment, order, or decree of foreclosure. Once that point passes, the statute is explicit that there is no right of redemption. This is a hard, statutory deadline, not a general guideline, which makes understanding exactly where a specific case stands important before assuming this option is still available.

Why the redemption amount can differ from a simple payoff

The amount required to redeem under F.S. 45.0315 generally includes the judgment amount, or the underlying debt including any acceleration, plus the reasonable expenses of the foreclosure proceeding and reasonable attorney's fees incurred by the creditor. This can differ from, and may be higher than, a routine mortgage payoff quote obtained outside of a foreclosure context, since it factors in the litigation costs that have accrued. Confirming the actual, current redemption figure directly with the lender or through the court is necessary before assuming a specific dollar amount will resolve the case.

Where this fits alongside a sale

The right of redemption is a separate legal option from selling the property to a buyer, though the two can interact depending on timing. See our guide on selling a house after a foreclosure judgment in Florida for how the certificate of sale and certificate of title process works, since that same statutory sequence determines when the right of redemption actually closes. Whether redeeming, selling, or some combination makes sense for a specific situation depends heavily on how much time is left and the facts of the case, and it needs to be evaluated with a Florida foreclosure attorney rather than assumed from general information.

Frequently asked questions

What is the right of redemption in a Florida foreclosure?

Under F.S. 45.0315, the mortgagor, or the holder of any subordinate interest, may cure the mortgagor's indebtedness and prevent a foreclosure sale by paying the amount specified in the foreclosure judgment or order, or, if no judgment has been entered yet, by tendering the performance actually due under the security agreement, including amounts due from any acceleration, plus the reasonable expenses of the foreclosure proceeding, including reasonable attorney's fees.

How long does the right of redemption last?

Under F.S. 45.0315, the right generally lasts until the later of the clerk filing a certificate of sale, or the time specified in the judgment, order, or decree of foreclosure. Once that point passes, the statute states there is no right of redemption.

Does curing the debt cost the same as just paying off the mortgage?

Not necessarily. Under F.S. 45.0315, the amount needed to redeem generally includes the amount specified in the foreclosure judgment or order, or the performance due under the security agreement including any acceleration, plus the reasonable expenses of the foreclosure proceeding and reasonable attorney's fees. This can differ from, and may be higher than, a simple mortgage payoff quote, and the exact figure needs to be confirmed with the lender or the court.

Is selling the house instead of redeeming it still an option?

Whether a sale is realistic instead of, or alongside, exercising the right of redemption depends on the specific facts, including how much time is left before the certificate of sale is filed and whether a sale can actually close in that window. This needs to be evaluated with a Florida foreclosure attorney given how time-sensitive the right of redemption is.

Weighing whether to redeem or sell before a foreclosure sale happens? Call OfferLink at 407-584-9111. We buy houses as-is across Florida, including Osceola County, Duval County, and Sumter County. This article is general information, not legal advice. A Florida foreclosure attorney reviewing your specific case is the right resource for confirming the current redemption amount and deadline.