Most Florida homeowners facing foreclosure know that a sale will eventually be scheduled — a date on which their home is offered at public auction to satisfy the outstanding mortgage debt. What far fewer homeowners know is that, since July 1, 2025, the person running that auction may not be the clerk of court. A legislative amendment to Florida Statute Section 45.031 created two new sections — 45.0311 and 45.0312 — that authorize private-sector professionals to conduct foreclosure sales alongside, or in place of, the clerk. Understanding what this change means, what it requires of the sale conductor, and what rights you retain as a homeowner is now a critical part of navigating Florida's foreclosure process in 2026.
This is not a post about fear. Florida's judicial foreclosure process remains one of the most homeowner-protective in the country, and the 2025 changes came with accountability requirements built in. But knowledge of those requirements — and how to verify them — is the difference between a homeowner who is actively protected by the law and one who simply hopes everything was handled correctly.
What Changed on July 1, 2025
Before the amendment, Florida's foreclosure sale procedures under Section 45.031 assumed the clerk of court would conduct the sale. The clerk is an elected county official with public accountability and no financial stake in the outcome. The 2025 legislative session changed that by creating two new statutory sections:
Section 45.0311 establishes additional procedural requirements for foreclosure sales and sets the framework for how private professionals integrate into the sale process.
Section 45.0312 governs the appointment and conduct of private-sector individuals who perform foreclosure sale functions. Under this section, any private person conducting a foreclosure sale — one who is not the clerk of court — must submit a declaration under penalty of perjury to the court. That declaration must confirm:
- The person meets all statutory qualifications to conduct a foreclosure sale.
- The person has no disqualifying conflicts of interest — meaning no financial relationship with the lender, the borrower, or any party with an interest in the property that would impair their neutrality.
- The person will conduct the sale in compliance with Florida law and the specific requirements of the final judgment.
The intent of requiring a sworn declaration is to introduce a layer of accountability that parallels what the clerk's public role provides. Perjury is a serious criminal offense, and the requirement to swear to qualifications and conflicts gives homeowners and courts a basis to challenge a sale conductor who misrepresented their status.
For a broader view of how Florida's foreclosure statutes have been updated in recent years, see the overview of Florida foreclosure law changes.
Why This Matters Now, in 2026
Florida entered 2026 with the highest foreclosure rate in the nation. ATTOM data confirmed that the state recorded 27,494 properties with foreclosure filings in the first half of 2026 — a rate of 0.27% of all housing units, nearly double the national average. Foreclosure starts were up approximately 33% from the same period in 2025. Every one of those cases will eventually reach a sale date, and an increasing share of those sales may be conducted by private professionals rather than clerks of court.
That volume matters because a higher number of sales creates more opportunities for administrative errors — incorrect notice, a declaration that was not filed, a conductor with an undisclosed relationship to a party in the case. In a slower market, a single defect might be caught before the sale. In a high-volume environment, the burden increasingly falls on homeowners and their counsel to verify compliance before the gavel falls.
The four Florida metros with the highest foreclosure rates entering this period — Punta Gorda, Lakeland-Winter Haven, Cape Coral-Fort Myers, and Jacksonville — are precisely the markets where sale volume is highest and where the practical consequences of the 2025 law change are most likely to appear. If you are in one of those areas, or anywhere in Florida with a sale date approaching, the steps below apply directly to you.
How to Verify Who Is Conducting Your Sale
The Notice of Foreclosure Sale is the document that sets your auction date and identifies the party conducting it. This notice is filed with the court and served on all interested parties, and it is also published in a newspaper of general circulation in the county where the property is located. Here is what to check:
Step 1: Locate the notice of sale in your court file.You can access your foreclosure case through your county clerk's online portal. Search by your case number (found on the complaint you were served) or by your property address. The notice of sale will be one of the filed documents.
Step 2: Identify the sale conductor. The notice will name the party conducting the sale. If it names the clerk of court, no declaration under 45.0312 is required — the clerk is exempt. If it names a private individual or company, proceed to Step 3.
Step 3: Confirm the 45.0312 declaration was filed.Search the case file for the sworn declaration required by Section 45.0312. It should appear as a filed document before the scheduled sale date. If you cannot locate it, or if you cannot access the online portal, contact the clerk's office directly or ask a Florida foreclosure defense attorney to pull the file.
Step 4: Review the declaration for completeness. The declaration must address qualifications and conflicts of interest. If either element is missing, or if you have reason to believe the sale conductor has a relationship with your lender, that is information for your attorney to evaluate.
Your Rights Before and After the Sale
The 2025 law change does not affect your core rights as a homeowner in a Florida foreclosure. Those rights include:
The right to reinstate your mortgage. Under Florida law, you can stop a foreclosure before final judgment is entered by paying all overdue amounts — the missed payments, late fees, and costs the lender has incurred. This is called reinstatement, and it is one of the most powerful options available to homeowners who have resolved the underlying financial hardship. See the Florida mortgage reinstatement guide for the full process.
The right of redemption. Even after a final judgment is entered, Florida homeowners retain the right to redeem their property by paying the full judgment amount up until the clerk issues the certificate of title following the sale. The right of redemption in Florida is broader than in many states — it runs through the moment of title transfer, not just through the auction.
The right to challenge the sale. If a foreclosure sale was conducted in violation of statutory requirements — including the failure to file a required 45.0312 declaration, or a sale conductor with an undisclosed conflict of interest — Florida courts have authority to set aside the sale. This is addressed through a motion to set aside the foreclosure sale. Time limits apply, and this type of challenge is complex — it requires an attorney.
The right to surplus funds. If your home sells at auction for more than the total amount owed on the final judgment, you are entitled to the surplus. This right is yours regardless of who conducts the sale. The Florida foreclosure surplus funds guide explains how to make a timely claim.
Alternatives That Can Make the Sale Irrelevant
The most effective way to protect your rights in a foreclosure sale is to avoid reaching one. Florida homeowners still have several paths that can stop or delay the process before auction day.
If you have equity in your home, a pre-foreclosure sale — listing and selling the property before the auction — allows you to pay off all liens, keep any proceeds, and avoid a foreclosure judgment on your credit record entirely. Many Florida homeowners who entered the foreclosure pipeline in 2024 and early 2025 still have enough equity to pursue this path, but the window narrows as the case progresses.
If you owe more than the home is worth, a short sale — where the lender agrees to accept less than the full payoff — is often a better outcome than a completed foreclosure for your credit history and future borrowing ability. Lenders frequently agree to waive remaining deficiency balances as part of an approved short sale.
A loan modification can restructure your mortgage terms to make payments affordable again, stopping the foreclosure without a sale or a credit hit from a completed foreclosure. Federal mortgage servicing rules require your servicer to evaluate you for loss mitigation before completing a foreclosure if you submit a complete application.
If the financial situation is severe enough that none of these apply, a Chapter 13 bankruptcy can impose an automatic stay that immediately halts the foreclosure while you develop a repayment plan.
Free Resources to Start With
If you are unsure where to begin or cannot afford an attorney, these resources cost nothing:
- HUD-Approved Housing Counselors: Free foreclosure prevention counseling is available at HUD-approved agencies throughout Florida. Call 1-800-569-4287 to be connected with a counselor who can review your loan, contact your servicer, and explain your options.
- Florida Legal Aid: Nonprofit legal aid organizations in Florida provide free or reduced-cost representation to homeowners who qualify based on income.
- Florida Attorney General Consumer Protection: If you believe a foreclosure sale conductor or a loan modification company has acted fraudulently, you can file a complaint with the Florida Attorney General's Office.
- Barrett Henry, REALTOR®: If you have equity in your home and want to understand your options for a pre-foreclosure sale or short sale, contact Barrett directly at (813) 761-0133 or help@flforeclosurehelp.com. The initial consultation is free and carries no obligation.
The Bottom Line
Florida's July 2025 law change is a genuine improvement in transparency for homeowners: it requires private foreclosure sale conductors to swear to their qualifications and disclose any conflicts, creating accountability that did not previously exist when the sale was handled exclusively by the clerk. At the same time, the change places a new responsibility on homeowners and their counsel to verify that the required declaration was actually filed before the sale date.
If you have a foreclosure sale scheduled — or if you received a notice of sale and are still evaluating your options — act now. The closer the sale date, the fewer options remain. A consultation with a Florida foreclosure defense attorney costs nothing to explore and could change the outcome significantly.
Barrett Henry, REALTOR®, has worked with Florida homeowners navigating every stage of this process. Call (813) 761-0133 or email help@flforeclosurehelp.com for a free equity review and a plain-language explanation of where you stand.
Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Florida foreclosure law is complex, and the application of any statute — including the July 2025 amendments to Section 45.031 — depends on the specific facts of your case. Nothing in this article creates an attorney-client relationship. If you have questions about your legal rights or a pending foreclosure, consult a licensed Florida attorney.
