Foreclosure Notice of Sale – What are the Requirements?

After final judgment is entered, the court will usually set a sale date that may not be less than 20 days or more than 35 days after the date of judgment. However, a sale may be held more than 35 days after the date of final judgment if the plaintiff or plaintiff’s attorney agrees to such time. This is why it is important to hire an attorney to help you negotiate more time with the plaintiff and get an extended sale date.

The notice of sale must be published once a week for two consecutive weeks in a newspaper of general circulation and published in the county where the sale is to be held. The second publication must be at least five days before the sale. Florida Statute 45.031 states that the notice must contain:

(a) A description of the property to be sold.

(b) The time and place of sale.

(c) A statement that the sale will be made pursuant to the order or final judgment.

(d) The caption of the action.

(e) The name of the clerk making the sale.

(f) A statement that any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim within 60 days after the sale.

If any of these requirements are not met, the sale may be declared void. However, if no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk will file a certificate of title. In addition to lack of notice of the sale or failure to comply with the notification of sale requirements, you may have other defenses that will help you in defending the foreclosure action and saving your home.