Nobody publishes these numbers. Try searching it and you'll get twenty law firm pages that say "every case is different, call us for a consultation." Which is true, and also a way of not answering. So here's what I've actually seen people quoted in Florida, and where the free help is, from somebody who doesn't sell legal services and has nothing to gain either way.
I'm Kady. I help Florida homeowners through foreclosure, hardship, and the life changes nobody plans for. I'm not an attorney and I don't get paid when you hire one, which is exactly why I can put actual figures on a page. Everything below comes from published fee data and the official programs themselves. No pressure. Just someone in your corner.
In Florida, foreclosure defense attorneys typically charge a flat fee of about $1,500 to $5,000, an hourly rate of roughly $100 to $500 with a retainer up front, or a monthly retainer around $300 to $750 while the case is pending. Many firms offer a free first consultation, and The Florida Bar Lawyer Referral Service caps a 30 minute consultation at $25. If you qualify by income, legal aid is free, and most Florida programs use 125 percent of the federal poverty level as the standard. For bankruptcy, the court filing fee is $338 for Chapter 7 and $313 for Chapter 13, with Chapter 7 attorney fees commonly $1,000 to $3,500. And in Florida it is illegal for foreclosure rescue or loan modification companies to charge you upfront.
- A consultation costs $25 or nothing. There is no reason not to have one.
- Flat fees beat monthly fees. With a flat fee you know the number. With monthly, you don't.
- Free legal aid is real if you're under the income limit, and the limit is higher than people assume.
- Bankruptcy filing fees are fixed. $338 for Chapter 7, $313 for Chapter 13, statewide.
- Never pay upfront for foreclosure rescue. In Florida that's against the law.
01What Does a Foreclosure Defense Attorney Charge?
Short answer: a flat fee of roughly $1,500 to $5,000, an hourly rate of roughly $100 to $500, or a monthly retainer of roughly $300 to $750. Which one you're offered depends more on the firm than on your case.
| How they bill | Typical range | What to watch for |
|---|---|---|
| Flat fee | About $1,500 to $5,000 | Ask exactly what's included and what isn't. Does it cover mediation? Hearings? An appeal? |
| Hourly | $100 to $500 per hour, commonly $250 to $400, plus a retainer of a few thousand | The retainer is a deposit, not a total. Ask for a written estimate of total hours. |
| Monthly retainer | About $300 to $750 per month, sometimes with a smaller amount up front | Long cases get expensive. Ask what happens in months with no activity in your case. |
| Court and other costs | Billed separately | Filing fees, service, copies, expert reports. Always ask if these are included. |
One thing worth knowing before you sign. Some Florida attorneys have publicly criticized open ended monthly arrangements, on the grounds that a foreclosure case can go months with no activity at all while the meter keeps running. The Rules Regulating The Florida Bar prohibit a clearly excessive fee. You don't have to accept the first structure you're offered, and you're allowed to ask for a flat fee instead.
02What Does a Free Consultation Actually Get You?
Short answer: usually 30 minutes, an honest read on whether you have a real defense, and a quote. That's often enough on its own.
People skip this because they assume it's a sales pitch with a clock on it. Sometimes it is. But an experienced foreclosure attorney can look at your case file and tell you within minutes whether anything is actually wrong with it, whether your timeline is what you think it is, and whether what your servicer offered you is normal or unusual.
😕 What people expect
A hard sell. Being told they definitely need representation. Feeling stupid for not understanding the paperwork. Being asked for money on the spot.
✅ What usually happens
They ask what you've been served with and what you want. You find out if there's a defense worth raising. You leave with a number and no obligation, and sometimes with "you don't need me, call a housing counselor."
Take it even if you're fairly sure you can't afford to hire anybody. Information is the cheap part.
03When Do You Not Have to Pay Anybody?
Short answer: more often than you'd think. Legal aid, bar referral services, free clinics, and HUD counselors all exist and all cost little or nothing.
If free help is what you need, I mapped out everything currently open in Florida in my breakdown of the Duval County filings.
04What Does Bankruptcy Cost in Florida?
Short answer: $338 to file Chapter 7 or $313 to file Chapter 13, plus attorney fees that vary, plus about $50 in required courses.
| Chapter 7 | Chapter 13 | |
|---|---|---|
| Court filing fee | $338 | $313 |
| Required courses | About $15 to $50 each, two of them | About $15 to $50 each, two of them |
| Typical attorney fee | Commonly $1,000 to $3,500, often near $1,500 to $2,500 | Higher, and often set as a court approved standard fee |
| When you pay the attorney | Usually in full before filing | Much of it can be paid through your repayment plan |
| Fee waiver | Available below 150 percent of the federal poverty level | Installments may be available |
The counterintuitive part: Chapter 13 costs more overall but is often easier to afford, because a large share of the attorney fee gets folded into the plan you pay over three to five years rather than handed over before anything happens. Some Florida attorneys start a Chapter 13 for a small amount down.
Chapter 13 is also the one that matters most for foreclosure, because filing stops a sale and the plan can let you cure what's past due over time. Whether that's right for you is a real conversation with a real bankruptcy attorney and your actual numbers, not a decision to make from an article.
Not sure whether you even need a lawyer? Tell me what's happened so far and I'll tell you honestly whether this looks like a legal problem or a paperwork problem. It costs nothing and I don't get paid either way. I'm Kady: call or text 904-400-2131, or email kady@helpinghandhomesfl.com.
05What You Should Never Pay For
Short answer: any fee collected before the work is done. In Florida that's illegal for foreclosure rescue and loan modification services.
Florida's Foreclosure Rescue Fraud Prevention Act prohibits businesses from collecting upfront fees before completing the services in the contract, and since 2010 any company offering loan modification services has needed a license from the Florida Office of Financial Regulation. Federal rules restrict advance fees too.
🚨 Walk away
"Pay us $3,000 today and we'll negotiate your modification." Upfront fees for this work are not legal in Florida.
💚 Normal and fine
A licensed attorney charging a retainer to litigate your foreclosure case in court. That's a different service with different rules.
🚨 Walk away
Anyone telling you to stop talking to your lender, or to send your mortgage payments to them instead of your servicer.
💚 Normal and fine
An attorney or counselor who asks to join you on a call with your servicer, and who tells you to keep every document.
Verify any attorney through The Florida Bar before you pay a dollar. If somebody has already taken money from you, report it to the Florida Attorney General.
06Is a Lawyer Worth It in Your Case?
Short answer: yes if you've been served or you want to fight. Often no if you just need to understand your options.
This is the part law firm websites won't tell you, so I will.
A lawyer earns their fee when there's something to litigate. If you've been served with a foreclosure complaint, you have a limited window to respond and real consequences for missing it. If you think the amount is wrong, or the paperwork is a mess, or the wrong party is suing you, that's legal work and you want a professional doing it.
But a large share of the people who call me don't have a legal problem. They have a hardship and a stack of unopened mail. If what you need is a modification application filled out correctly, or somebody to explain what your servicer is offering, a free HUD approved counselor does that job well and charges nothing.
Am I disputing something, or am I applying for something? Disputing is lawyer work. Applying is counselor work. And if you're not sure which one you're doing, that's exactly what a $25 consultation is for.
"I put real numbers on this page because I've watched too many people decide they couldn't afford help without ever asking what help costs. You don't have to have all the answers when you reach out. You just need somebody who can help you find the best one for your specific situation, even when that somebody isn't me. This is and always will be a judgment free zone."
Figure out what you actually need first.
Tell me what's happened so far and I'll help you work out whether this is a lawyer situation, a counselor situation, or something else. If selling ends up being your best move, I'll give you a fair, no obligation cash offer. If it isn't, I'll tell you that too.
Get My Cash Offer Just Talk to Kady07Questions People Ask Me
How much does a foreclosure attorney cost in Florida?
Most charge one of three ways. Flat fees commonly run about $1,500 to $5,000 depending on complexity. Hourly rates run roughly $100 to $500, most often $250 to $400, usually with a retainer of a few thousand dollars up front. Monthly retainers typically run about $300 to $750 while the case is pending. Court costs are separate.
Can I get a consultation for free?
Often yes. Many private firms offer a free first consultation. The Florida Bar Lawyer Referral Service caps a 30 minute consultation at $25 and can be reached at 800-342-8011. Jacksonville Area Legal Aid also runs free Ask A Lawyer events where you speak with an attorney for about 10 to 15 minutes.
What does bankruptcy cost in Florida in 2026?
The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. Two required courses cost roughly $15 to $50 each. Chapter 7 attorney fees commonly run $1,000 to $3,500, with many straightforward cases nearer $1,500 to $2,500. Chapter 13 fees are higher but much of the amount can typically be paid through the repayment plan instead of up front.
Can I get a free foreclosure lawyer?
Yes if you qualify by income. Most Florida legal aid programs use 125 percent of the federal poverty level, though some go higher. Jacksonville Area Legal Aid says it will generally consider households within 200 percent of the poverty line, and some of its units aren't income sensitive at all, including services for people aged 60 and over. Call and ask rather than assuming you're over the limit.
Is it legal to charge upfront fees for foreclosure help?
Not for foreclosure rescue or loan modification services in Florida. The Foreclosure Rescue Fraud Prevention Act prohibits collecting fees before the contracted services are completed, and loan modification companies must be licensed by the Florida Office of Financial Regulation. An upfront fee demand is the clearest warning sign there is.
Is hiring a foreclosure attorney worth it?
It depends what you want. If you're fighting the case, disputing the amount or the paperwork, or you've already been served, usually yes. If you just need to understand your options or apply for a modification, a free HUD approved housing counselor can often do that at no cost. Take a free consultation before deciding either way.
A gentle note: I'm a Florida home buyer, not an attorney, and this article is general information rather than legal advice. Every figure here is a published range, not a quote, and actual fees vary by firm, city, and case. Filing fees, income limits, and program rules change, so confirm current numbers directly with the court, the program, or the attorney before relying on them. For your own situation, please speak with a licensed Florida foreclosure defense or bankruptcy attorney.
- The Florida Bar Lawyer Referral Service: 30 minute consultations and attorney verification
- Jacksonville Area Legal Aid: eligibility, Ask A Lawyer events, and the local referral line
- United States Courts: bankruptcy court filing fee schedule
- Florida Attorney General: Foreclosure Rescue Fraud Prevention Act and mortgage fraud reporting
- Rules Regulating The Florida Bar, Rule 4 1.5: fees and costs for legal services
- U.S. Department of Housing and Urban Development: free approved housing counselors