Usually yes: a Miami owner can sell until the Clerk files the certificate of sale, if the closing pays the judgment.
The Miami-Dade Clerk counts 2,913 mortgage foreclosure filings in the county from January through September 2026. A final judgment usually sets the sale 20 to 35 days out, and a house sale has to close before the Clerk files the certificate of sale.
This is general information, not legal advice. State rules vary.
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If you own a house in Miami and your lender has sued to foreclose, you can usually still sell it until the Clerk files the certificate of sale after the Miami-Dade foreclosure sale. The catch is money and time: the closing has to pay what the final judgment requires, and the gap between judgment and sale is only a few weeks.
Many owners are in the same spot. The Miami-Dade Clerk's foreclosure page counts 2,913 new mortgage foreclosure filings in the county from January through September 2026. Monthly counts ran from 293 in July to 359 in June, and the same page lists 3,392 filings for all of 2025. Those are county numbers, so they cover Hialeah, Homestead, and unincorporated areas as well as the City of Miami. This guide follows a case from the summons to the sale and shows where selling the house fits. For the steps before a lawsuit, see our Florida foreclosure timeline and options guide.
How does a Miami-Dade foreclosure case move from summons to sale?
A Miami-Dade foreclosure begins with a lawsuit, a recorded lis pendens, and a summons, and it ends with the Clerk's online foreclosure sale, usually 20 to 35 days after a final judgment. The lender has to win the case in court before any sale happens.
A lis pendens is a public notice that a lawsuit affects the house. The Clerk's homeowner rights section says you have 20 days to respond to the summons by filing an answer to the complaint. If no answer is filed, you may lose the chance to tell your side, and the judge may enter a final judgment.
That judgment directs the Clerk to sell the house on a set day. Under Fla. Stat. § 45.031, that day falls not less than 20 or more than 35 days after the judgment. A later date is allowed if the plaintiff or its attorney consents. Notice of the sale runs on a public website for at least 2 straight weeks, or once a week for 2 weeks in a county newspaper.
The table lays out each stage, who moves it forward, and what an owner can still do at that point.
| Miami-Dade stage | Who acts | What the owner can still do |
|---|---|---|
| Complaint, lis pendens, and summons | The lender files suit; the lis pendens goes into the Public Records | Answer within 20 days; speak with a Florida attorney or a HUD-approved counselor; sell on a normal timeline |
| Case pending, no judgment yet | The judge and the parties | Request a payoff statement; list or sell the house; talk with the lender |
| Final judgment | The judge signs it; the Clerk mails a copy to each party | Pay the judgment amount, or close a sale that pays it |
| Notice of sale | The Clerk sets a date and publishes notice | Same as above; the court may enlarge the time of the sale |
| Foreclosure sale, 20 to 35 days after judgment | The Clerk | Redeem until the certificate of sale is filed, or a later time in the judgment |
| Certificate of sale | The Clerk files and serves it | Call the Clerk's Foreclosure Unit within ten days about surplus |
| Certificate of title, if no objections within 10 days | The Clerk; title passes to the purchaser | Claim any surplus |
| Certificate of disbursements | The Clerk pays out under the judgment and reports any surplus | Claim surplus before the Clerk reports it unclaimed, one year after the sale |
When is the last point to sell before the Miami-Dade foreclosure sale?
The last point is the filing of the certificate of sale, or a later time if the final judgment names one. Past that moment, Fla. Stat. § 45.0315 says there is no right of redemption.
Redemption means paying what the judgment requires so the sale cannot go forward. The Miami-Dade Clerk spells out the cost in one line:
"To redeem your property, you must pay the full amount of the Final Judgment (plus interest, fees and costs) to the Clerk of the Court and Comptroller."
Miami-Dade Clerk of the Court and Comptroller, Mortgage Foreclosures page
The Clerk takes that payment only in cash or by cashier's check made out to the Clerk of the Court and Comptroller. Its Foreclosure Unit can issue a redemption certificate showing the exact amount. Once you redeem, the Clerk issues a certificate of satisfaction of the final judgment, which is recorded for a fee.
Selling the house uses the same opening. The sale price has to cover the judgment figure and reach the payee before the certificate of sale is filed. Title work, payoff letters, and closing funds each take days, so the practical deadline sits well before the sale date.
Where does selling the house fit in a Miami-Dade foreclosure?
A sale can fit anywhere before the certificate of sale, but an earlier start usually leaves more choices. Before a judgment, no sale date exists yet. After a judgment, the whole closing has to fit inside a few weeks.
Before a final judgment
While the case is open, you can list the house, sell it directly, or work on other paths with the lender. A listed sale in Miami can take a while. Redfin data show Miami houses spent a median of 113 days on the market in the three months ending September 2026, up from 106 a year earlier. That is a citywide median, so any one house may sell faster or slower.
After a final judgment
With a sale date 20 to 35 days out, the payoff statement usually comes first. The federal payoff statement rule generally gives a servicer up to seven business days after a written request. For a loan in foreclosure, the rule allows a reasonable time instead, so an early request can help.
Other liens on title
The foreclosing loan is rarely the only claim on the house. A second mortgage, an association lien, an unpaid judgment, or a recorded code lien may also need payment at closing. Which code office applies depends on whether the house sits inside City of Miami limits, in another city, or in unincorporated Miami-Dade. Our guide to selling a Miami house with a City code lien covers how City liens show up.
When the payoff is more than the price
If the house cannot sell for enough to cover the judgment and other liens, a regular closing may not work. A short sale, where the lender accepts less than the full payoff, needs the lender's approval. The CFPB's housing counselor search lists HUD-approved agencies that can offer independent advice. Our foreclosure situations page shows how a sale compares with other paths.
What happens after the Clerk's online foreclosure sale?
After the sale, the Clerk files a certificate of sale. If nobody objects within 10 days, the Clerk files a certificate of title, and title passes to the purchaser with no further court step (Fla. Stat. § 45.031).
- Day 0The judge signs the final judgment
- Days 20 to 35The Clerk's online foreclosure sale
- After the saleThe certificate of sale is filed; redemption usually ends here
- Within 10 daysObjections to the sale; the Clerk suggests a call about surplus
- No objectionsThe certificate of title passes title to the purchaser
- One year after the saleUnclaimed surplus is reported to the state
The Clerk then pays out the sale money as the final judgment directs. It files a certificate of disbursements naming each payee and any surplus it kept. Parties have 10 days to object to that report, or the payments stand approved.
How do surplus claims work after a Miami-Dade foreclosure sale?
Surplus is the money left after the sale pays everything the final judgment requires. Under Fla. Stat. § 45.032, the owner of record on the day the lis pendens was filed is presumed entitled to it, after subordinate lienholders who file timely claims.
Calling the Foreclosure Unit
The Clerk's page suggests calling its Foreclosure Unit within ten days of the Certificate of Sale to learn whether surplus exists. A $50.00 reopening fee may be charged to file a claim. You do not need a lawyer to claim surplus, a point the page and the claim form in § 45.032 both make. If you are the only claimant, you may need to set a hearing through the judge's office. If lienholders also file claims, the court sets a hearing to decide who gets paid.
How long a claim can wait
Surplus still held one year after the sale is presumed unclaimed and goes to the state, unless a court case over it is pending (§ 45.032(3)(c)). After that, only the owner of record the Clerk reported, or a beneficiary of a deceased owner, can claim it.
Offers to buy your surplus rights
Under Fla. Stat. § 45.033, anyone who buys an owner's surplus rights may earn no more than 12 percent of the surplus. The written transfer must state that the owner does not need an attorney to recover surplus. It also has to be filed with the court within 60 days after the certificate of disbursements.
How does Florida's foreclosure-rescue law protect Miami owners?
Florida's foreclosure-rescue law, Fla. Stat. § 501.1377, sets contract, payment, and cancellation rules for paid foreclosure help. It also covers sales where the owner keeps an interest in the house afterward.
- No payment up front: a foreclosure-rescue consultant may not collect payment before completing every service in the written agreement.
- Three business days to cancel: a homeowner can cancel a rescue services agreement within 3 business days of signing, and any money paid must come back within 10 business days.
- Rescue transactions: a sale where the owner keeps an interest, such as a lease option or an option to buy the house back, needs a detailed written agreement. The owner can cancel it by 5 p.m. on the 3rd business day after signing.
The law leaves some helpers outside the consultant definition. These include a person acting with HUD's written approval and a Florida attorney helping a client as part of representing that client. For choices about the case itself, such as filing an answer or asking for more time, a Florida attorney can advise on your facts.
How can Propcash help before a Miami-Dade sale date?
Propcash is a direct cash homebuyer, so we make one cash offer ourselves and show how we got to the number. We buy Miami houses as-is, with no repairs, no showings, and no fees or commissions charged to you. Cash closings can happen in as few as 7 days after the contract is signed, and you pick the closing date.
A cash offer is one option to set beside your payoff figure, a listing, a lender workout, or a counselor's advice. Propcash buys houses outright and does not offer leasebacks or buyback options. If a cash sale is not your best move, we will tell you. You can get a no-obligation cash offer and compare it at your own pace, and our Miami cash home buyer page explains how we buy across the city.
Frequently Asked Questions
Can a house sale stop a foreclosure in Miami-Dade?
Under Fla. Stat. § 45.0315, paying the amount the final judgment requires before the certificate of sale is filed prevents the foreclosure sale, and selling the house is one way some owners raise that money. It works only when the closing pays the full amount in time, along with any other liens on title. No buyer can promise a closing before a sale date, so questions about the case itself belong with a Florida attorney.
How many foreclosure cases were filed in Miami-Dade in 2026?
The Miami-Dade Clerk of the Court and Comptroller counts 2,913 mortgage foreclosure filings from January through September 2026. Monthly counts ranged from 293 in July to 359 in June. The same page lists 3,392 filings for all of 2025 and 3,377 for 2024, and every figure covers the whole county, not only the City of Miami.
How long do I have to answer a foreclosure summons in Miami-Dade?
The Miami-Dade Clerk's foreclosure page gives the homeowner 20 days to respond to the summons by filing an answer to the complaint. If no answer is filed, the owner may not get a chance to present a side of the case, and a final judgment may be entered. A Florida attorney or a legal aid office can explain what an answer should include.
How is a redemption paid to the Miami-Dade Clerk?
The Clerk accepts a redemption payment only in cash or by cashier's check made payable to the Clerk of the Court and Comptroller. The amount is the full final judgment plus interest, fees, and costs, and the Clerk's Foreclosure Unit can issue a redemption certificate that states the correct figure. After redemption, the Clerk issues a certificate of satisfaction that is recorded for a fee.
Do I need a lawyer to claim surplus from a Miami-Dade foreclosure sale?
No. Both the Miami-Dade Clerk's page and the owner's claim form in Fla. Stat. § 45.032 say an owner may claim surplus without a lawyer or any other representative. The Clerk suggests calling its Foreclosure Unit within ten days of the Certificate of Sale to learn whether surplus exists, and a $50.00 reopening fee may apply to the claim.
Does signing a sale contract move the Miami-Dade sale date?
A signed contract does not move the date by itself. Under Fla. Stat. § 45.031, the sale can run more than 35 days after the judgment if the plaintiff or its attorney consents, and the court may enlarge the time of the sale. Whether to ask for more time, and on what grounds, is a question for a Florida attorney.
Reviewed by the Propcash Editorial Team under our editorial standards. Published by Propcash, a direct cash buyer of houses. This guide is general information. Laws, fees, and market figures change, so check the current rules for your state.
