Loune-Djenia Askew, Esq
Jul 14, 2025
Yes — And Here’s Exactly How to Do It
If you’ve been served with a foreclosure notice in Florida, it’s easy to feel like the clock has run out. But here’s the truth: you still have the power to sell your home — legally and on your terms — up until the foreclosure sale takes place.
This type of sale is known as a pre-foreclosure sale, and it could be your financial lifeline. Done right, it may help you avoid damaging your credit, prevent a deficiency judgment, and give you a fresh start.
At Askew & Associates P.A., we help Florida homeowners understand their legal rights, evaluate their options, and — when appropriate — sell their home before foreclosure is finalized. All legally. All strategically.
🔑 You Still Own Your Home — Until It’s Sold at Auction
Even after foreclosure proceedings begin, you’re still the legal owner of your property. That means you can:
✅ List your home for sale
✅ Negotiate a short sale
✅ Work with your lender on mortgage relief
This is your window to act — and potentially secure a far better outcome than allowing foreclosure to run its course.
💼 Loan Modification: A Legal Strategy for Breathing Room
One of the most powerful tools homeowners have is a loan modification request — a formal application asking your lender to adjust the loan terms.
When submitted properly, this request:
Triggers a mandatory review period under federal law
Can pause certain foreclosure steps temporarily
Gives you time to explore other options, like a pre-foreclosure sale
🛡️ Legal Advantage: Submitting a modification request through an attorney ensures it's complete, timely, and compliant with all legal standards — giving you the strongest position to negotiate and plan your next move.
💡 Why Sell Before Foreclosure Finalizes?
Selling your home before the foreclosure sale isn’t just possible — it can be a smart financial decision. Here's why:
📉 Less Damage to Your Credit: A voluntary sale is often viewed more favorably than a foreclosure.
🧾 Avoid a Deficiency Judgment: If the sale satisfies the debt, you may walk away without owing anything.
💰 Protect Any Equity: Selling on your terms can help preserve your financial future.
⚠️ But Don't Wait Too Long
Time is your biggest asset — and your biggest threat. The longer you delay:
The less time you’ll have to find a buyer and closeThe greater the risk of delays from title issues or lender approvals
The harder it becomes to attract serious buyers due to the legal cloud
📚 Real Stories, Real Results
Early Stage (Just Received Complaint): Maria contacted our office as soon as she was served. We worked with her realtor, listed the home, and secured a sale. The mortgage was paid off, the foreclosure dismissed — and Maria walked away clean.
Mid-Stage (In Loan Modification Review): James was months behind. We filed a complete loan modification application, freezing foreclosure action while he found a buyer. The lender approved a short sale, and his case was resolved without going to court.
Late Stage (Auction Imminent): Denise came to us weeks before auction. We explored all options, but the timeline was too tight to close a sale. The home went to auction — and her credit took a significant hit.
🕒 Know Your Rights: Florida’s 5-Year Foreclosure Clock
Florida law gives lenders five years to file foreclosure from the date of default — not from the lawsuit or loan acceleration date.
Key legal points:
⏳ The clock starts when you miss a payment, not when the lender takes action
🧮 Each missed payment creates a separate 5-year window for legal action
🧷 Even if older payments are time-barred, newer ones may still be enforceable
⚖️ Legal Insight: Statute of limitations defenses are technical. If you believe your foreclosure may be time-barred, consult with Askew & Associates P.A. immediately.
🏛️ How We Help Homeowners in Foreclosure
At Askew & Associates P.A., we provide clear legal guidance and strategic support to help homeowners:
Understand and assert their legal rights
Submit legally sound loan modification applications
Explore short sales or deed-in-lieu options
Coordinate with realtors and lenders to complete sales on time
Ensure compliance with Florida foreclosure laws and court rules
📞 Don’t Wait — Time Matters in Foreclosure
If you’ve received a foreclosure notice, every day counts. Let us help you explore your options and move toward a resolution that protects your rights, your credit, and your future.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns