What Is a Notice of Default?

A Notice of Default (NOD) is a formal written notice from your lender stating that you are in default on your mortgage — typically after 3–4 missed payments. In Florida, this is often accompanied by or followed by the filing of a lis pendens (the public notice of the foreclosure lawsuit).

Receiving a Notice of Default is serious, but it is not the end. It is the beginning of the foreclosure process — and you still have significant time and options.

What Happens After a Notice of Default

1. Lender files a foreclosure lawsuit (lis pendens)
2. You are served with the complaint (20 days to respond)
3. Court proceedings begin
4. Final judgment entered (if lender wins)
5. Foreclosure auction scheduled (20–35 days after judgment)

From the Notice of Default to the auction typically takes 6–12+ months in Florida.

Your Right to Sell Remains Intact

A Notice of Default does not transfer ownership or restrict your ability to sell. You remain the legal owner of the property and can sell it at any point before the foreclosure auction closes.

Act Quickly — But Don't Panic

The Notice of Default is your signal to act. Contact a cash buyer, your lender, and a foreclosure attorney as soon as possible. The earlier you engage, the more options you have and the less stressful the process will be.

What to Do Right Now

• Call your lender and ask about loan modification or forbearance options
• Get a cash offer to understand what your home is worth and what you'd net after paying off the mortgage
• Consult a foreclosure attorney — many offer free initial consultations
• Do not ignore the lawsuit — failing to respond leads to a default judgment