Facing Foreclosure in Jacksonville? Your Options Before the Clerk’s Sale
Florida foreclosures go through a judge, which gives Jacksonville homeowners more time than most states — if they use it. Here’s how a Duval County case moves, the local help most people never hear about, and where selling fits.
The short answer: Florida forecloses through the courts. The lender has to file a lawsuit, you get 20 days to respond after you’re served, and only after a final judgment does the Duval County Clerk sell the house — online, on weekdays, usually 20 to 35 days after the judgment. Until the clerk files the certificate of sale, you still own the house and still have options.
If you’ve been served foreclosure papers in Jacksonville, the most important thing to know is that a Florida foreclosure is a lawsuit, not an automatic countdown. Nothing gets sold until a judge enters a final judgment. That gives you a real window to catch up, negotiate, get help, or sell on your own terms — but only if you respond.
How a Duval County foreclosure moves
Stage
What happens
The rule
Missed payments
For most home loans, the servicer generally can’t file until you’re more than 120 days behind.
12 CFR §1024.41(f)
Lawsuit filed
The lender sues in circuit court and records a notice of lis pendens, which warns buyers a case is pending.
Fla. Stat. §702.01, §48.23
You’re served
You generally have 20 days to file an answer. Ignoring it can lead to a default and a much faster judgment.
Fla. R. Civ. P. 1.140
Final judgment
The judge sets a sale 20 to 35 days out (later only if the lender agrees). Notice runs on a public website for two straight weeks, or in a newspaper once a week for two weeks.
Fla. Stat. §45.031
Clerk’s sale
Online at duval.realforeclose.com, weekdays, first sale at 11:00 a.m. Your right to redeem ends when the clerk files the certificate of sale (or a later time set in the judgment).
Fla. Stat. §45.0315
After the sale
Objections are due within 10 days of the certificate of sale; then the clerk issues title. Any surplus can be claimed for one year. A deficiency claim on a 1–4 unit home must be brought within one year.
Fla. Stat. §45.032, §95.11(6)(g)
Look up your case and sale date
Your case: search by your name or case number on the Duval Clerk’s CORE portal. The sale date is set in the final judgment.
The auction calendar: scheduled sales are listed on duval.realforeclose.com.
The Clerk’s overview: the Duval Clerk’s foreclosure page explains the sale process and has the owner surplus claim form.
Jacksonville help most homeowners never hear about
City Foreclosure Intervention Program: the City of Jacksonville offers up to $12,000 as a deferred-payment loan to owner-occupants with a documented hardship and household income under 80% of area median. Homes in Baldwin and the beaches (Jacksonville Beach, Neptune Beach, Atlantic Beach) aren’t eligible. Apply through Jacksonville Area Legal Aid: (904) 356-8371 ext. 401 or jaxlegalaid.org. It’s first-come, first-served, so check whether funds are available now.
Free counseling and legal help:Jacksonville Area Legal Aid (126 W. Adams St., 904-356-8371) is also a HUD-approved housing counseling agency, and the Duval Clerk refers homeowners who can’t afford a lawyer there. HUD’s counselor line is 800-569-4287.
Your servicer: ask in writing for a reinstatement quote, a repayment plan, forbearance or a loan modification. A complete application submitted early in the case gives you the most protection.
Where selling fits
Because Florida’s process is slower, Jacksonville homeowners often have time to sell before the clerk’s sale — and a sale that closes first pays off the loan at closing, with any remaining equity going to you rather than to auction bidders. If you owe more than the house is worth, a short sale may be possible with the lender’s approval. We buy Jacksonville houses as-is, with no repairs, fees or commissions, and when the timeline allows we can close in as little as two weeks through a Florida title company. If keeping the house looks realistic — through the city program, a modification or a repayment plan — we’ll tell you that too.
What happens when you reach out
You talk to an owner. Call or text (678) 926-9776 and you’ll reach William or Peter, the owners of MarKey Home Buyers. We’ve been in business for more than 10 years.
We ask a few questions. The address, roughly what you owe, the condition of the house, and your sale date if you have one. Your latest mortgage statement and any notice you’ve received help.
You get an honest read. We tell you whether there’s realistically time for a sale to close before your sale date, and whether selling makes sense for you at all.
If it fits, you get a written offer after a quick walkthrough, in person or by video. No fees, no obligation.
You decide. Compare it with your other options and talk it over with family, your servicer, a housing counselor or an attorney first.
How we figure an offer: we start from what the house would sell for after repairs, then subtract the repairs it needs, our costs to buy, hold and resell it, and a margin for our risk. That’s why a cash offer is lower than a full retail price. In return you skip repairs, showings and commissions, and you pick the closing date. We’ll walk you through the numbers on your house.
What we’ll never do
Promise we can stop your foreclosure. No honest buyer can promise that.
Charge you a fee, ask for money up front, or ask you to make payments to us.
Ask you to sign over your deed before closing. The house stays yours until a closing attorney or title company closes the sale.
Tell you to stop talking to your lender, a housing counselor or an attorney.
Rush you. Every term is in writing before you agree to anything.
Hide how we buy. We may buy your house ourselves or assign our purchase contract to another buyer, and we tell you which in writing before you sign.
MarKey Home Buyers is a real estate investment company that buys houses. We are not a lender, law firm, government agency or housing counselor, and we’re not affiliated with your lender or servicer. A sale to us is a sale: at closing, ownership transfers and you move out on the date we agree.
When a cash sale probably isn’t your best move
You can afford the payment again and your servicer offers a reinstatement, repayment plan or modification that works.
The house is in good shape, you have real equity, and there’s enough time before the sale to list it with an agent. That will usually net you more.
You qualify for an assistance program that can catch you up.
If any of those fit, we’ll tell you, even if it means we don’t buy your house.
Got a notice or a sale date?
Send us the address and the sale date. We’ll tell you honestly whether there’s time for a sale to close, and what you’d walk away with.
Longer than in most states, because Florida forecloses through the courts. Servicers generally can’t start until you’re more than 120 days behind, then the lawsuit has to move through service, a 20-day response period and a final judgment before a sale is scheduled 20 to 35 days later. A contested case can take much longer; an ignored one can move quickly.
How do Duval County foreclosure auctions work?
They’re held online at duval.realforeclose.com, Monday through Friday except legal holidays, with the first sale starting at 11:00 a.m. Bidders put down a 5% deposit and the winner pays the balance the same day. The sale date comes from the final judgment.
Can I still sell my Jacksonville house during a foreclosure lawsuit?
Yes. You own the house until the sale, so you can sell it while the case is pending. A sale that closes before the clerk’s auction pays off the loan from the proceeds, and any equity left after liens and costs goes to you. The earlier you start, the easier it is to get a title search and payoff done in time.
What happens to the extra money if my house sells for more than I owe?
Any surplus after the judgment is paid sits with the Clerk. As the owner of record, you can claim it yourself with the Duval Clerk’s surplus claim form; you don’t need a lawyer or a recovery company. File before the Clerk reports it as unclaimed, which happens one year after the sale (Florida Statutes §45.032).
Is there any local help to catch up on my mortgage?
Possibly. The City of Jacksonville’s Foreclosure Intervention Program offers income-qualified owner-occupants up to $12,000 as a deferred-payment loan, applied for through Jacksonville Area Legal Aid. Funding is first-come, first-served, so call early: (904) 356-8371 ext. 401.
Last reviewed . General information, not legal advice. Laws and county procedures change; confirm dates with your notice, your servicer, or an attorney.
Facing Foreclosure? See Your Options
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Facing a Duval County foreclosure?
Tell us the address and your sale date. We’ll give you a no-obligation cash offer and an honest read on your timeline.
