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Emergency Foreclosure Relief · Florida

Stop Foreclosure in Florida, Save Your Home with Chapter 13

A bankruptcy filing triggers the automatic stay (11 U.S.C. § 362) the instant the petition is filed, even if your foreclosure sale is tomorrow. Chapter 13 cures mortgage arrears over 3-5 years while you stay current on the regular payment. Florida's unlimited homestead exemption (Art. X, § 4) protects all home equity for qualifying owners.

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If your Florida foreclosure sale is scheduled within the next 7 days, or you have just received a notice of sale, time matters. The automatic stay activates the instant the petition is filed, which can be the same day. Cases filed even hours before a scheduled sale are valid and stop the auction. The longer you wait, the more arrears accrue and the higher the Chapter 13 plan payment.

Quick answer: Yes, bankruptcy stops a Florida foreclosure sale, instantly. The automatic stay under 11 U.S.C. § 362 freezes the sale, eviction, deficiency lawsuit, and most collection activity. Chapter 13 then lets you keep the home by curing the mortgage arrears over 3 to 5 years under 11 U.S.C. § 1322(b)(5) while you remain current on the regular monthly mortgage payment. Florida's unlimited homestead exemption protects 100% of home equity for owners who have lived in the home 1,215+ days. Attorney Steven C. Fraser (FL Bar #625825) handles emergency foreclosure-defense bankruptcy filings statewide.

Two Bankruptcy Paths to Save Your Florida Home

Chapter 13, The Foreclosure Tool

Best for filers behind on the mortgage who want to keep the home. Chapter 13 lets you spread the missed mortgage payments (the “arrearage”) over a 3-to-5-year repayment plan. You resume the regular monthly mortgage payment going forward; the trustee distributes plan payments to the lender to cure the arrears.

Wholly unsecured second mortgages and HELOCs may be stripped (eliminated) if your home is worth less than the first mortgage balance. Vehicle loans more than 910 days old can be crammed down to fair-market value. Plan completion releases all stripped liens.

Chapter 7, Surrender or Reinstate

Best for filers who can immediately reinstate, or who intend to surrender the home. Chapter 7 stops the sale temporarily but does not cure arrears. The lender can move for relief from the stay if you cannot bring the mortgage current after filing.

If you intend to surrender the home, Chapter 7 discharges any deficiency balance after foreclosure, the lender cannot pursue you for the difference between the sale price and the mortgage balance. Florida deficiency judgments under Fla. Stat. § 702.06 are otherwise enforceable for 1 year post-foreclosure.

How Chapter 13 Stops a Florida Foreclosure, Step by Step

1

Free consultation (same day or next business day)

By phone or Zoom. We confirm Chapter 13 vs. Chapter 7, calculate arrears, and review the foreclosure timeline. If the sale is imminent, we pivot to emergency-filing mode.

2

Document gathering (1-3 days)

Mortgage statements, the foreclosure complaint, lis pendens, notice of sale, pay stubs, tax returns, and a list of creditors. Documents uploaded securely via TitanFile.

3

Pre-filing credit counseling (1-2 hours)

Required by 11 U.S.C. § 109(h), completed online through a Florida-approved provider for ~$15.

4

Petition filed electronically (CM/ECF)

The automatic stay activates the instant the petition is accepted. Notice transmitted to the foreclosing lender, lender's counsel, and the state foreclosure court. The sale must be cancelled.

5

Chapter 13 plan filed (within 14 days of petition)

The plan provides for the regular mortgage payment going forward and the cure of arrears over 36 to 60 months. The lender files a Proof of Claim with the exact arrears amount.

6

341 Meeting of Creditors (~30-45 days later)

Conducted by Zoom in all Florida federal districts (M.D. Fla., N.D. Fla., S.D. Fla.). Routine questions from the trustee.

7

Plan confirmation (60-90 days post-filing)

The bankruptcy court approves the plan. From this point forward, the lender cannot foreclose as long as you stay current on plan payments and ongoing mortgage payments.

8

Discharge at plan completion (3-5 years)

The arrears are fully cured. The mortgage is fully reinstated. Any stripped second mortgages or crammed-down vehicle loans are released. You keep the home.

Frequently Asked Questions, Florida Foreclosure

How fast does bankruptcy stop a Florida foreclosure sale?
The automatic stay under 11 U.S.C. § 362 takes effect the instant the petition is filed. If your foreclosure sale is scheduled for tomorrow, filing today stops it. Notice is transmitted electronically to the foreclosing lender, lender's counsel, and the court. The sale must be cancelled. Filing also stops eviction proceedings, deficiency lawsuits, and most other collection activity.
How does Chapter 13 save my Florida home from foreclosure?
Chapter 13 lets you cure mortgage arrears over a 3-to-5-year repayment plan under 11 U.S.C. § 1322(b)(5). You resume your normal mortgage payment going forward, and the missed payments (the “arrearage”) are paid into the plan and distributed to the lender by the trustee. As long as you stay current on plan payments and ongoing mortgage payments, the lender cannot foreclose. At plan completion, the mortgage is fully reinstated and you keep the home.
Will Florida's homestead exemption save my home in bankruptcy?
Yes. Florida's homestead exemption under Article X, § 4 of the Florida Constitution protects unlimited home equity (no dollar cap) if you have owned and resided in the property for at least 1,215 days before filing. If you have owned the home for less than 1,215 days, the federal BAPCPA cap of $189,050 (2026) applies. The exemption protects equity from unsecured creditors. You must continue paying the mortgage to keep the home from secured-creditor foreclosure.
Can I file Chapter 7 to stop a foreclosure in Florida?
Chapter 7 stops foreclosure temporarily via the automatic stay, but it does not provide a way to cure mortgage arrears. If you are behind on the mortgage, the lender can ask the court to lift the stay (motion for relief) and resume foreclosure. Chapter 7 is appropriate if you can immediately bring the mortgage current after filing or if you intend to surrender the home and discharge any deficiency. Chapter 13 is the better tool for keeping a Florida home with significant mortgage arrears.
What about a second mortgage on my Florida home?
If your home is worth less than what you owe on the first mortgage, a wholly-unsecured second mortgage or HELOC may be “stripped” (eliminated) in Chapter 13. The second-mortgage lender is treated as an unsecured creditor and paid only what other unsecured creditors receive in the plan (often pennies on the dollar). At plan completion, the second mortgage lien is released. This requires a filed motion to value and the bankruptcy court's approval.
Can a Florida homeowner stop foreclosure without bankruptcy?
Yes, in some cases. Options include: (1) loan modification under HAMP successors or proprietary lender programs; (2) reinstatement (paying all arrears in a lump sum before sale); (3) short sale or deed in lieu (surrender, but discharge of deficiency in writing); (4) Florida Homeowner Assistance Fund (HAF) if available; (5) defending the foreclosure in state court on standing, payment-history, or loss-mitigation grounds. Whether bankruptcy is the right tool depends on the timeline, the amount of arrears, and your goals.

Stop the Sale Now, Free Consultation

Most consultations are scheduled the same day. Florida foreclosure timelines are unforgiving. The earlier you file, the smaller the arrearage and the lower the Chapter 13 plan payment.

📞 877-862-7188 Schedule Consultation