Receiving a notice of a foreclosure hearing is stressful. Most homeowners have never been to court and do not know what to expect. This guide explains the different types of foreclosure hearings in Florida, what happens at each, and what you should do before and during each type of proceeding.
Florida uses a judicial foreclosure process, which means every foreclosure must go through the court system. That process involves multiple hearings before a foreclosure sale can take place. Understanding the difference between a pretrial conference and a summary judgment hearing -- and what each means for your situation -- is essential to making informed decisions.
Types of Hearings in a Florida Foreclosure Case
1. Pretrial Conference
A pretrial conference (also called a case management conference) is an early hearing scheduled shortly after the case is filed. At a pretrial conference:
- The judge sets deadlines for discovery, motions, and mediation
- The parties identify any preliminary issues to be resolved
- The court schedules a summary judgment hearing date
- No ruling on the merits of the foreclosure is made
You should appear at a pretrial conference even if you have not yet filed an answer. Appearing shows the court you are actively involved and gives you an opportunity to request time to retain an attorney or submit a loss mitigation application.
2. Motion Hearings
During a foreclosure case, either party can file motions asking the court to rule on specific issues. Common motion hearings include:
- Motion to dismiss: challenging the legal sufficiency of the complaint
- Motion for summary judgment: asking the court to rule in favor of the lender
- Motion for continuance: requesting additional time
- Motion to strike affidavit: challenging the evidence supporting summary judgment
If you have filed a written answer and raised defenses, you may have hearings on your own motions or on the lender's motions. Having an attorney is important at motion hearings because the procedural rules are complex.
3. Summary Judgment Hearing
The summary judgment hearing is typically the most critical hearing in a Florida foreclosure case. At this hearing, the lender argues that it has proved every element of its claim as a matter of law and that there is no genuine dispute of material fact that requires a trial.
To succeed at summary judgment, the lender typically submits:
- An affidavit from a loan servicer employee proving the payment history
- A copy of the original promissory note
- A copy of the mortgage
- An assignment of mortgage showing the chain of title from the original lender
- A proof of amount owed calculation
If you have raised defenses -- such as lack of standing, failure to follow CFPB loss mitigation rules, or errors in the amount owed -- this is the hearing where those defenses are argued. If the judge denies summary judgment, the case must proceed to a trial. If the judge grants summary judgment, a final judgment is entered and a sale date is set.
See our guide to how many days you have to respond to a Florida foreclosure summons and how to answer a Florida foreclosure complaint.
4. Mediation
Florida's foreclosure mediation program gives homeowners an opportunity to negotiate directly with the lender in a structured setting before a summary judgment hearing. Mediation is not mandatory in all Florida counties, but courts may require it or parties may request it. See our guide to Florida's foreclosure mediation program.
5. Final Judgment Hearing
In some cases, particularly uncontested cases where the homeowner has not filed an answer, the court may schedule a final judgment hearing separate from the summary judgment hearing. At this hearing, the judge formally enters the final foreclosure judgment and sets the sale date. The clerk of court then publishes notice of the sale.
What to Do Before a Foreclosure Hearing
Regardless of which type of hearing you are attending, take these steps beforehand:
- Consult a foreclosure defense attorney. Even a single consultation before the hearing can help you understand what defenses may be available and what documents to have ready. See our guide to foreclosure defense attorneys in Florida.
- Review all documents filed in your case.Florida foreclosure cases are public record and can be reviewed at the clerk of court for your county. You can also typically access them online through the clerk's website.
- Contact your servicer about loss mitigation. If you have a pending loan modification application, bring documentation of that application to the hearing. CFPB rules may require the servicer to hold off on a sale while a complete application is pending.
- Gather your documents. Bring copies (not originals) of the complaint, any correspondence with your servicer, mortgage documents, and any correspondence from the court.
What to Expect in the Courtroom
Florida circuit court hearings are generally brief. Most foreclosure motion and summary judgment hearings are set for 15 to 30 minutes. The judge may have many hearings scheduled on the same docket. You should:
- Arrive early -- courts often run ahead of schedule
- Dress professionally
- Speak only when addressed by the judge
- Address the judge as "Your Honor"
- Keep your statements factual and brief
- Do not argue directly with the opposing attorney
If you are unrepresented, tell the judge clearly at the beginning that you do not have an attorney. Judges are not permitted to give you legal advice, but they may explain procedures or allow additional time in some circumstances.
After the Hearing
If the judge enters a final foreclosure judgment, the Florida foreclosure timeline continues with a scheduled auction. You still have options:
- You can stop a Florida foreclosure after the sale date is set through bankruptcy, reinstatement, or a sale
- Chapter 13 bankruptcy filed before the sale date triggers an automatic stay and halts the auction -- see our Chapter 13 bankruptcy guide
- Selling the property before the auction date pays off the judgment and clears your title
- Reinstating the loan by paying all arrears, attorney fees, and costs before the sale date returns the loan to current status
Related Resources for Florida Homeowners Facing a Foreclosure Hearing
- How Many Days to Respond to a Florida Foreclosure Summons -- the 20-day deadline and what to include in your answer
- How to Answer a Florida Foreclosure Complaint -- how to file your written answer and preserve your defenses
- Foreclosure Defense Attorneys in Florida -- when to hire an attorney and what defenses may be available
- Florida Foreclosure Mediation Program Guide -- how mediation works and what to expect
- Florida Foreclosure Timeline 2026 -- the full timeline from first missed payment to completed sale
- Can I Stop Foreclosure After the Auction Date Is Set? -- options after a final judgment is entered
- Chapter 13 Bankruptcy to Stop Foreclosure -- the automatic stay stops foreclosure on the day of filing
- Loan Modification in Florida -- how servicers must respond to pending applications under CFPB rules
- HUD-Approved Housing Counseling in Florida -- free counseling to help evaluate your options before a hearing
- Buying a Home After Foreclosure in Florida -- what comes after a completed foreclosure and the recovery timeline
Facing a foreclosure hearing in Florida? Contact us for a free, no-obligation consultation. Barrett Henry, REMAX Collective -- (813) 761-0133.
