RobertSellsDaytona.comRobert Kirkland · REALTOR® · SFR® Talk it through · (386) 631-5107
Florida homeowners behind on their mortgage have several options: sell on the open market before the foreclosure auction to keep equity; a loan modification or forbearance to keep the home; a short sale if underwater; a deed-in-lieu of foreclosure; or a legal strategy such as foreclosure defense or Chapter 13 bankruptcy. Robert Kirkland, a licensed Florida REALTOR with Simply Real Estate in coastal Volusia County, offers a free confidential review of options and can refer homeowners to HUD-approved counselors and local foreclosure-defense attorneys. Contact: (386) 631-5107, Robert@RobertSellsDaytona.com.

Daytona & Coastal Volusia · Your Options

Behind on your mortgage in Daytona Beach? Here are your real options.

Falling behind is stressful, but you have more choices than you might think — and several of them leave you far better off than letting the home go to auction. Here's an honest rundown of each, including the downsides.

Talk it through · (386) 631-5107 See the foreclosure timeline

Your situation comes down to two questions: do you want to keep the home, and do you have equity? Those two answers point you to the right path. If you want to keep it and your income can support a reworked loan, pursue a modification. If you're ready to move on and the home is worth more than you owe, selling before the auction is usually the strongest move — you protect your equity and your credit.

Every path, with the trade-offs

Move on · have equity

1. Sell before the auction

List and close before the sale date. Pay off the loan, keep your equity, avoid a deficiency, and keep a foreclosure off your record. The main constraint is time.

Strongest option if you have equity
Keep the home

2. Loan modification / forbearance

Your servicer reworks the terms or pauses payments so you can catch up. Best if your hardship was temporary and your income now supports the home. Apply directly or via a HUD counselor.

Best if you can resume paying
Move on · underwater

3. Short sale

If you owe more than the home is worth, the lender approves a sale for less than the balance. Slower and lender-controlled, and it does mark your credit — but it heads off the auction and can reduce what you owe.

Best if you owe more than it's worth
Move on · no equity

4. Deed-in-lieu of foreclosure

You hand the deed back to the lender to settle the loan. Cleaner than a full foreclosure in some cases, but you give up any equity and it still affects credit. Lenders accept it only in certain situations.

A fallback when there's no equity
Legal strategy

5. Defense, mediation, or bankruptcy

An attorney can challenge the case, push for mediation, or use a Chapter 13 filing to stop a sale and set up a catch-up plan. This is legal work — talk to a licensed attorney. I can refer you to local ones.

Best for a legal path
Rarely the best

6. Do nothing

Letting it go to auction usually means losing any equity, risking a deficiency judgment, and taking the heaviest credit hit. It's almost never the best outcome — confirm with a free review before defaulting to it.

Confirm before choosing this

Free help that isn't trying to sell you anything

Before you decide, it's worth using the no-cost resources built for exactly this moment:

  • HUD-approved housing counselors — free, neutral guidance on every option. Find one at hud.gov/findacounselor.
  • Your mortgage servicer's loss-mitigation department — the first call if you want to keep the home.
  • A Florida foreclosure-defense or bankruptcy attorney — for a legal strategy. Volusia County has several who offer free consultations.

My role is narrower and honest about it: if selling is your best path, I'll get you the most for the home in the time you have. If it isn't, I'll tell you that too. And if a short sale is the right call, I'm certified by the National Association of REALTORS® as a Short Sales and Foreclosure Resource (SFR®), so I know that process too.

Not sure which path is yours? Let's figure it out.

A free, confidential look at your timeline, your equity, and your options — with a straight answer, not a sales pitch. No upfront cost, no obligation.

Call or text Robert
(386) 631-5107 · Robert@RobertSellsDaytona.com

Frequently asked questions

What are my options if I can't pay my mortgage in Florida?
There are five realistic paths: (1) sell on the open market before the auction and keep your equity; (2) ask your servicer for a loan modification, repayment plan, or forbearance to keep the home; (3) do a short sale if you owe more than the home is worth; (4) a deed-in-lieu of foreclosure, where you hand the home back; or (5) a legal route — foreclosure defense, mediation, or Chapter 13 bankruptcy — through an attorney. The right one depends on whether you want to keep the home and whether you have equity.
Should I just let the bank take it?
Usually not, especially if you have any equity. A completed foreclosure is among the most damaging credit events, can expose you to a deficiency judgment, and means you walk away with nothing even if the home was worth more than you owed. Almost every alternative — selling, a short sale, even a deed-in-lieu — leaves you in better shape than letting it go to auction. The exception is rare, and worth confirming with a free review before deciding.
What is a deed-in-lieu of foreclosure?
It's an agreement where you voluntarily transfer the home's deed to the lender to satisfy the loan and avoid the foreclosure lawsuit. It can be cleaner than a foreclosure, but lenders only accept it in certain situations, it still affects your credit, and you give up any equity. For a home with equity, selling almost always beats a deed-in-lieu.
Can bankruptcy stop my foreclosure?
Filing for bankruptcy triggers an automatic stay that immediately halts foreclosure activity, including a scheduled sale. A Chapter 13 can let you catch up on missed payments over a court-approved plan. Bankruptcy is a significant legal and financial decision with long-term consequences — it should be evaluated with a licensed bankruptcy attorney, not chosen lightly. I can refer you to local attorneys who handle this.
Do I need a real estate agent or a lawyer?
Often both, in different roles. If selling is your path, an agent markets the home and gets you the best net price before the auction. If you want to keep the home or fight the case, a foreclosure-defense or bankruptcy attorney is the right call. A HUD-approved housing counselor (free, at hud.gov/findacounselor) can also help you weigh options with no sales motive. Start with whichever fits your goal — keep it, or move on.
How much does it cost to talk to you about this?
Nothing. Reviewing your timeline, your equity, and your options is free and confidential, with no obligation to list. If selling turns out to be your best path, the commission is paid from the sale at closing — never up front.