Barrett Henry is a Broker Associate at REMAX Collective with 23+ years of Florida real estate experience. He helps homeowners across all 67 Florida counties understand their options when facing foreclosure. Direct service in Tampa Bay; referral connections statewide.
If you cannot afford an attorney when you are served with a foreclosure complaint, doing nothing is the worst choice you can make. Filing a response — even an imperfect one — is almost always better than letting a default judgment be entered against you. Florida law allows you to represent yourself (pro se), and courts accept pro se filings.
This guide is not a substitute for legal advice. It explains the basic steps and concepts so you know what you are facing and can take immediate action. Before you do anything else, understand how the Florida foreclosure process works from start to finish so you can identify where you are in the timeline.
The Most Critical Deadline: 20 Days
When you are served with a foreclosure complaint in Florida, you have exactly 20 calendar days from the date of service to file a written response with the court. This is governed by Florida Rule of Civil Procedure 1.140.
This deadline is strict. If you miss it and the plaintiff moves for a Clerk's Default, you lose the right to raise defenses and the court can enter a final judgment of foreclosure without a full hearing. Review our detailed guide on how many days you have to respond to a Florida foreclosure for specifics on how the 20-day period is calculated when served by publication or through a substitute.
What You Need to File: The Answer
Your primary response to a foreclosure complaint is called an Answer. It must be filed with the clerk of the circuit court in the county where the property is located and served on the plaintiff's attorney. Here is what an Answer must contain:
1. Caption
The top of the Answer must identify the court, the case number, the parties, and state that this is your Answer to the Complaint for Foreclosure of Mortgage. Copy this information exactly from the complaint you were served.
2. Admission, Denial, or Lack of Knowledge for Each Allegation
Go through the complaint paragraph by paragraph. For each numbered allegation, you must respond with one of:
- Admitted — you agree this is true
- Denied — you dispute this is true
- Defendant is without knowledge or information sufficient to form a belief as to the truth of this allegation, and therefore denies the same— use this when you genuinely do not know (such as whether the plaintiff currently owns the note)
Any allegation not specifically denied is deemed admitted. Be careful not to admit things you want to contest.
3. Affirmative Defenses
After your admissions and denials, assert your affirmative defenses. These must be raised in your Answer or you may waive them. Common affirmative defenses include:
- Lack of standing: The plaintiff must prove it owned or possessed the original promissory note when the lawsuit was filed under Florida Statute § 702.015. Read our guide on the standing defense in Florida foreclosure.
- Failure to comply with conditions precedent: Most mortgages require a 30-day cure notice before the lender can accelerate and file suit. If that notice was defective or not sent, the foreclosure may be premature.
- Statute of limitations: Under Florida Statute § 95.11(2)(c), a mortgage foreclosure must be brought within 5 years of the acceleration date. See our full guide on the Florida foreclosure statute of limitations.
- RESPA dual tracking violation: If you submitted a complete loan modification application before the foreclosure was filed or before a sale date was set, the lender may have violated CFPB Regulation X. Learn more about dual tracking.
- Improper service of process:If you were not properly served with the foreclosure complaint according to Florida's service rules, the court may not have jurisdiction.
- Lost note (re-establishment of note): If the plaintiff cannot produce the original promissory note, they must re-establish it under Florida Statute § 673.3091. This requires specific proof. Read more about the lost note defense.
- Payment and accord and satisfaction: If you believe you were current on payments or had a modification agreement that was not honored.
4. Signature and Certificate of Service
Sign the Answer, include your name, address, and phone number, and include a certificate of service showing that you served the Answer on the plaintiff's attorney by mail or other permitted means.
Should You Also File a Motion to Dismiss?
A Motion to Dismiss argues that the complaint itself is legally insufficient — for example, that the plaintiff has failed to adequately allege standing, that the complaint is missing required attachments (the original note and mortgage), or that the complaint fails to state specific required allegations under Florida Statute § 702.015.
A Motion to Dismiss must also be filed within the 20-day response deadline. Many pro se defendants file both an Answer and a Motion to Dismiss as alternative responses, with the Answer filed as a protective measure in case the Motion to Dismiss is denied.
Important: the court may deny a Motion to Dismiss and then require you to file an Answer within a short additional period. Be prepared.
What Happens After You File Your Answer?
After filing your Answer, the case enters the discovery and litigation phase. The plaintiff may serve you with discovery requests (interrogatories, requests for production of documents). You must respond within the required time frames. The plaintiff may also file a Motion for Summary Judgment if they believe there are no genuine issues of material fact — read our guide on responding to a foreclosure summary judgment in Florida.
During this period, you should also be pursuing loss mitigation with the servicer. Filing an Answer does not stop the foreclosure permanently — it forces the lender to prove their case and buys you time, which you should use productively. Options to explore while the case is pending:
- Loan modification
- Forbearance agreement
- Sale before the auction
- Short sale with lender approval
- Bankruptcy (stops the case immediately through the automatic stay)
Free Legal Resources for Florida Homeowners
Pro se defense is challenging. If at all possible, try to get at least a consultation with a Florida foreclosure defense attorney. Resources that may be available to you:
- Legal Aid:Most Florida counties have a Legal Aid office that provides free representation to qualifying low-income individuals facing foreclosure. Call 211 or search for your county's Legal Aid online.
- Florida Bar Lawyer Referral Service: Call 1-800-342-8060 for a referral to a foreclosure attorney who offers reduced-fee consultations.
- HUD-approved counselors: Free HUD housing counseling can advise on loss mitigation options and sometimes help you navigate the process.
- Florida Courts Self-Help Centers: Many Florida courthouses have self-help centers with forms, guides, and staff who can provide general assistance (but not legal advice).
See our free resources page for a comprehensive list of legal aid and housing counseling resources throughout all 67 Florida counties.
What About the Foreclosure Defense Checklist?
Use our Florida foreclosure checklist to organize your documents and timeline. Gather your original mortgage and note, all correspondence with the servicer, payment history, any modification agreements, and the complaint you were served. Having these organized makes it easier to identify which defenses may apply to your case.
Also review our guide on Florida foreclosure defense options for a comprehensive overview of legal strategies that are available both with and without an attorney.
Served with a foreclosure complaint and not sure what to do? Get free help today — no cost, no obligation. We can connect you with legal aid and housing counselors in your area.
