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If You've Been Served With Foreclosure Papers

You Have Options — And a Deadline. Here's What To Do.

A plain-language guide for Florida homeowners who've received a foreclosure Lis Pendens, Summons, and Complaint — what these documents actually mean, and the steps to protect your rights.

This is not legal advice

This guide and the template forms it links to are general information only — not legal advice, and not a substitute for talking to a lawyer about your specific situation. Every foreclosure case is different, and the wrong response (or no response) can cost you legal rights you didn't know you had.

The single most useful thing you can do is talk to an attorney — ideally before your deadline below. See the attorney referral and free/low-cost legal aid contacts further down this guide.

Need an attorney?

Liriano Law, PLLC works with Florida homeowners facing foreclosure. Reaching out costs nothing and doesn't commit you to anything.

Contact Liriano Law →

First: what did you actually receive?

This trips a lot of people up, so let's clear it up before anything else.

Not what you respond to

The Lis Pendens is just a public notice recorded at the county that says "this property is involved in a lawsuit." It protects the lender's place in line and warns off buyers/other lenders. It is not a court paper, and there is nothing to fill out or file in response to it.

This is what you respond to

The Summons and Complaint — usually delivered to you at the same time or in the same packet as the Lis Pendens — is the actual lawsuit. The Summons will state a deadline. This is the document you must respond to, in writing, by that deadline.

Your deadline

This is set by Florida law, statewide — it doesn't change by county.

20 days

If you were personally handed the Summons and Complaint (by a process server, sheriff, or similar), you generally have 20 calendar days from that date to file a written response. (Fla. R. Civ. P. 1.140(a)(1))

30 days

If you were served by publication (a legal notice printed in a newspaper because you couldn't be personally located), Florida foreclosure cases specifically give you 30 days from the first date of publication. (Fla. Stat. §49.09)

Missing it is serious

If you don't respond in writing by the deadline, the lender can ask the court for a default judgment — meaning the court can rule against you without ever hearing your side. Filing something, even a simple template Answer, before the deadline keeps your case alive and preserves your right to be heard.

What to do, step by step

  1. 1

    Find your deadline and mark it now

    Check the date you were served (written on the Summons, or the date a process server handed it to you) and count forward 20 days (or 30, if by publication). Write that date down somewhere you'll see it.

  2. 2

    Try to talk to an attorney before that date

    Even a single consultation can change the outcome — an attorney may spot defenses, negotiate directly with the lender, or identify a program (mediation, loss mitigation, a short sale) that changes your options entirely. See the attorney and legal aid contacts below. If you can't get an attorney in time, don't let that stop you from filing something — see the next steps.

  3. 3

    If you need more time, ask for it in writing

    You can file a short, simple Motion for Enlargement of Time to File an Answer, which asks the court for roughly 30 extra days. This does not fight the case — it just buys you time to find a lawyer or prepare your response properly. (A ready-to-use version of this motion is in the Palm Beach County template linked below.)

  4. 4

    Fill out an Answer using one of the templates below

    An "Answer" is your formal written response to each numbered claim in the lender's Complaint. Two real, attorney-written fill-in-the-blank templates are linked in the next section — use one of those rather than writing your own from scratch.

  5. 5

    Sign it, mail a copy to the lender's attorney, and file the original with the court

    Full instructions are below. There's no fee for a homeowner to file an Answer — that's true in every Florida county. (Fla. Stat. §28.241)

  6. 6

    Check whether your county offers mediation or a self-help center

    Some counties offer foreclosure mediation, or a self-help center where court staff (not lawyers) can check your paperwork for completeness. See the county-by-county table below — and note that in some counties these resources explicitly do not cover foreclosure, so it's worth calling ahead rather than assuming.

Template: Answer to Foreclosure Complaint

Real, downloadable fill-in-the-blank forms written by Florida legal aid attorneys — not something generated for this guide. Pick one, then follow the filling-out instructions underneath.

Legal Services of Greater Miami, Inc.

General Answer Template — Circuit & County Court

A fillable Answer with numbered admit/deny/without-knowledge paragraphs and a Certificate of Service section, plus a separate step-by-step instructions document. Captioned for Miami-Dade (11th Judicial Circuit) — see "adapting the caption" below to use it in another county. Updated September 2024.

Legal Aid Society of Palm Beach County, Inc.

Pro Se Answer + Affirmative Defenses Checklist

Includes a fillable Answer, a fillable Motion for Enlargement of Time (30 more days), and a plain-language checklist of 9 common defenses (e.g. lender doesn't actually hold the note, required notice wasn't sent) to discuss with an attorney. Captioned for Palm Beach County (15th Judicial Circuit).

This copy is hosted by a news station as a mirror of the original packet, and some details (like sale-day scheduling) look dated. The legal content and forms are still valid, but call Legal Aid Society of Palm Beach County at (561) 655-8944 ext. 325 to confirm before relying on it for a filing.

How to fill it out, in plain terms

1

Fix the heading (the "caption"). At the top, it will say something like "IN THE CIRCUIT COURT OF THE ___ JUDICIAL CIRCUIT IN AND FOR ___ COUNTY, FLORIDA." Copy your county's exact circuit number and county name, case number, and the exact names of the plaintiff (lender) and defendant(s) directly off your own Summons or Complaint — don't guess. (See the county table below for your circuit number.)

2

Go paragraph by paragraph. The Complaint you were served has numbered paragraphs. For each one, the Answer template asks you to say "Admitted," "Denied," or "Without knowledge, therefore denied" (use this last one for anything you genuinely don't know, like the lender's internal accounting). Match each numbered response in the Answer to the same numbered paragraph in the Complaint.

3

Leave the "Affirmative Defenses" section blank only if you mean to. This is a separate section where you can raise reasons the case shouldn't go forward even if some of the Complaint is true. Leaving it blank isn't automatically wrong, but a defense you don't write down here can potentially be lost later — this is exactly the kind of judgment call worth a phone call to an attorney before you finalize the form.

4

Sign and date it. Print your name, address, and phone number under your signature.

5

Fill out the Certificate of Service. This is your written confirmation that you sent a copy to the lender's attorney (their name and address are on the Summons or Complaint) — regular mail is enough, you don't need certified mail.

How to file it with the court

Option A

In person or by mail, on paper. Every Florida county accepts this — you are not required to file electronically just because you don't have a lawyer. Bring (or mail) your signed original plus 1–2 copies to the Clerk of Court's civil filing counter in your county (addresses are in the table below). The clerk will date-stamp your copy as proof of filing — keep it.

Option B

Online, through the state's E-Filing Portal. Florida runs a free portal at myflcourtaccess.com that anyone can register for, including people without a lawyer. If you e-file, the system automatically emails a copy to the lender's attorney for you, which covers the Certificate of Service step above. Once you choose e-filing you generally need the court's permission to switch back to paper, so pick whichever option is easier for you and stick with it.

There's no fee

Florida law specifically prohibits charging a homeowner a fee just to file an Answer (Fla. Stat. §28.241). If anyone asks you to pay simply to file your response, that's a red flag — see the scam warning below.

Filing a mediation request doesn't pause your deadline

In counties that offer foreclosure mediation, asking for it is a separate step from answering the Complaint — requesting mediation does not extend or replace your deadline to file an Answer. Do both if both are relevant to you.

Your county: filing address, self-help options, and mediation

Coverage and current status of self-help centers and mediation programs vary a lot by county and change over time — items marked "call to confirm" should be checked by phone before you rely on them.

CountyCircuitSelf-help for foreclosure?Mediation programClerk — where to fileFree/low-cost legal help
Miami-Dade11thNot for foreclosure Family Court Self-Help onlyCall to confirm (305) 349-7344Foreclosure Unit, 20 NW 1st Ave, Miami 33128 · (305) 275-1155Legal Services of Greater Miami (305) 576-0080 · Dade Legal Aid (305) 579-5733 x2237
Broward17thNone foundCall to confirm (954) 831-6077Circuit Civil, 201 SE 6th St Rm 04130, Fort Lauderdale 33301Legal Aid Service of Broward Co. (954) 765-8950
Palm Beach15thSelf-Service Centers general civil, by appt.Call to confirm (561) 355-2739Foreclosures Dept, 205 N Dixie Hwy Rm 3.2400, West Palm Beach 33401 · (561) 355-6240 · mail PO Box 4667, WPB 33402Legal Aid Society of PBC Foreclosure Defense Unit (561) 655-8944 x325
Hillsborough13thUnconfirmed hours circuit self-help page existsCall to confirm (813) 490-5041800 E Twiggs St, Tampa 33602 · (813) 276-8100Bay Area Legal Services (813) 228-5355
Orange9thYes — strong free attorney consults, (407) 836-6300Active OCBA, $250, (407) 515-4330425 N Orange Ave Suite 350, Orlando 32801 · (407) 836-2000Legal Aid Society of the OCBA (407) 841-8310
Osceola9thNot found (probate/injunctions only)Shares Orange's OCBA program (407) 515-43302 Courthouse Square, Kissimmee 34741 · (407) 742-3500County SHIP foreclosure-prevention program currently paused
Pinellas6thExplicitly excludes foreclosureMotion for Foreclosure Mediation form available315 Court St, Clearwater 33756 · (727) 464-7000Bay Area Legal Services (727) 490-4040 · Community Law Program (727) 582-7480
Pasco6thNone foundSame form as Pinellas38053 Live Oak Ave Suite 205, Dade City 33523 · (352) 521-4542 opt. 3Attorneys Saving Homes (888) 607-2187
Duval4thNo clerk center found — use legal aid insteadCall to confirm JBA (904) 399-4486Foreclosure Dept, 501 W Adams St Rm 1046, Jacksonville 32202 · (904) 255-2000Jacksonville Area Legal Aid (904) 356-8371
Lee20thSelf-Help Center (239) 533-2978, confirm foreclosure coveredOpt-in for homestead cases (239) 533-29911700 Monroe St Rm 3404, Fort Myers 33901 · (239) 533-2991Lee County Legal Aid Society (239) 334-6118
Collier20thSelf-Help Center Courthouse Annex, 3315 Tamiami Trail EOpt-in for homestead cases3315 Tamiami Trail E Suite 102, Naples 34112 · (239) 252-2646Call clerk for referral
Polk10thDIY Center (863) 534-4015, confirm foreclosure coveredRMFM — can be mandatory (863) 534-4698Polk Co. Courthouse, 255 N Broadway Ave, Bartow 33830 · (863) 534-4000Ask Self-Help/DIY Center for referral
Brevard18thPro Se Coordinator (321) 633-7780, by appt.Referral once you respond ~$250/1.5 hrsMail: PO Box 219, Titusville 32781 · (321) 637-2000Brevard Legal Aid (321) 631-2500
Seminole18thCircuit page, foreclosure not listedSame as Brevard1101 E 1st St, Sanford 32771 · mail PO Box 8099, Sanford 32772 · (407) 665-4300Seminole Legal Aid (407) 834-1660
Volusia7thFamily-labeled offices confirm foreclosure coveredRMFM program DeLand (386) 626-6615Mail: PO Box 6043, DeLand 32721 · (866) 234-9790Ask self-help office for referral
Sarasota12thExists, details unconfirmed call (941) 861-7400Dedicated program closed 2018 — must ask court to refer2000 Main St, Sarasota 34237 · mail PO Box 3079, Sarasota 34230 · (941) 861-7400Legal Aid of Manasota (941) 366-0038
Manatee12thUnconfirmedSame as Sarasota — closed 20181115 Manatee Ave W, Bradenton 34205 · mail PO Box 25400, Bradenton 34206 · (941) 749-1800Legal Aid of Manasota (941) 747-1628
Lake5thFamily-only office (352) 742-4301No dedicated program found — ask clerk550 W Main St 1st Fl, Tavares 32778 · mail PO Box 7800, Tavares 32778 · (352) 742-4145Community Legal Services of Mid-FL (800) 405-1417
Marion5thFamily-only office (352) 401-7841No dedicated program found — ask clerk110 NW 1st Ave, Ocala 34475 · mail PO Box 1030, Ocala 34478 · (352) 671-5604Community Legal Services of Mid-FL, Ocala (352) 629-0105
St. Lucie19th"DIY Florida" e-filing toolTerminated (AO 2012-01)201 S Indian River Dr, Fort Pierce 34950 · mail PO Box 700, Fort Pierce 34954 · (772) 462-6900Residential Foreclosure Dept (772) 807-4370

Watch for foreclosure rescue scams

  • No one can guarantee they'll "save your home" or stop foreclosure — be wary of anyone who claims otherwise.
  • You never have to pay an upfront fee just to talk to a housing counselor, and never a fee just to file your Answer with the court (it's free by law).
  • Never sign over the deed to your home to a stranger or company promising to "handle everything."
  • If someone contacts you claiming to be from the court or your lender and asks for payment or personal information out of the blue, verify independently before responding — call the clerk's office or your loan servicer directly using a number you look up yourself.

This guide is not legal advice. It's general information compiled from publicly available Florida statutes, court rules, and legal aid organization materials, current as of August 2026. Foreclosure procedures, contact information, and program availability change; several items above are marked "call to confirm" because they could not be independently verified against a current primary source. Deadlines are legally binding regardless of whether local resources referenced here are still active — when in doubt, file something before your deadline and get a signed, date-stamped copy.

Please consider speaking with a Florida-licensed attorney before your deadline. Liriano Law, PLLC can be reached for a consultation, and free or low-cost legal aid organizations are listed by county above.

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