CopyCited 25 times | Published | District Court of Appeal of Florida | 2012 WL 6602661, 2012 Fla. App. LEXIS 21693
...Thus, the Bank contends that the trial court erred in delaying the issuance of the *1236 certifícate of title pending the resolution of the Hagans’ facially deficient objection to the foreclosure sale and time-barred motion to vacate. We agree. The procedures governing judicial sales are outlined in section 45.031, Florida Statutes (2012)....
...e it.”). Thus, to justify a delay in the issuance of a certificate of title, the substance of the filing must constitute an objection to the foreclosure sale. Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred at, or which related to, the foreclosure sale itself....
0 red0 yellow24 green0 procedural
CopyCited 25 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 4144
...McCAIN, Justice. This cause is before us to review the decision of the Third District Court of Appeal reported at
277 So.2d 843, which was certified to us as passing upon a question of great public interest, recited by that Court to be: "[W]hether Fla. Stat. §
45.031 as amended by chapter 71-5, Laws of Florida 1971, eliminates the right of redemption from foreclosure judgments after the date of the public sale up to the date the sale is completed by the order confirming sale." We have jurisdiction pursuant to Art....
...d a certificate of redemption was issued. From the order of redemption issued by the Circuit Court, the petitioner appealed to the Third District Court of Appeal. The District Court affirmed, basing its decision upon its interpretation of Fla. Stat. § 45.031(1), F.S.A., as amended by Chapter 71-5, Laws of Florida 1971. Fla. Stat. § 45.031(1), F.S.A., (1969) provided, in pertinent part: "In any order of final judgment the court shall direct the clerk to sell the property at public sale on a specified day, which shall be not less than ten or more than thirty days after the date thereof, on terms and conditions specified in the order of judgment......
...demption but that the courts had held that there was an inherent right of redemption evolving from the common law which could be exercised at any time prior to entry of an order confirming a sale. Turning to the amendment, the District Court found: "§ 45.031(1), Fla....
...Tunnicliffe,
98 Fla. 731,
124 So. 279], we hereby find that the Legislature intended to adopt the recognized meaning of the word `sale' and that the sale did not take place until ownership of the property was transferred. Said transfer takes place according to §
45.031(3), Fla....
...Stat., ten days after the day of the sale, upon no objections being filed thereto and issuance of the certificate of title." [1] After oral argument and upon consideration of the petition, the briefs and the record, we conclude that the District Court has correctly interpreted Fla. Stat. § 45.031(1), F.S.A....
0 red0 yellow14 green0 procedural
CopyCited 20 times | Published | United States Bankruptcy Court, M.D. Florida | 1995 Bankr. LEXIS 1269, 1995 WL 534618
...After a Chapter 13 case was filed, a plan confirmed, and the case dismissed for failure by the Debtor to perform under the terms of the plan, a foreclosure sale of the property was set by the state court. The foreclosure sale was ordered pursuant to the judicial sales procedure set out in section 45.031, Florida Statutes....
...derations ( see In re Campbell, supra ) the revision may reintroduce them. [4] Accordingly, the Court examines state law. Relevant portions of the judicial sales procedure in Florida are set forth in the following provisions of the Florida Statutes: 45.031 Judicial sales procedure....
...e common law further than clearly necessary. [5] The court held that this amendment to the statute did not clearly change the prior common law rule because the sale did not take place until ownership of the property was transferred, and according to § 45.031(3), Fla.Stat., the transfer takes place ten days after the day of the sale, upon no objections being filed thereto and issuance of the certificate of title....
...See Allstate Mortgage Corporation of Florida v. Strasser, supra . [6] In 1993, the Florida legislature amended the statute to specifically provide that the right of redemption terminates with the filing of the certificate of sale, unless the foreclosure judgment specifies a later time: 45.0315 Right of redemption....
0 red0 yellow22 green0 procedural
CopyCited 25 times | Published | United States Bankruptcy Court, S.D. Florida. | 10 Bankr. Ct. Dec. (CRR) 382, 1983 Bankr. LEXIS 6737
...The right of the mortgagor to redeem is regarded as an incident to every mortgage. 22 Fla.Jur.2d "Mortgages," Section 108. While Florida Statutes do not specify the exact number of days within which a mortgagor may exercise the right of redemption, Florida Statute 45.031, "Judicial Sales Procedure," provides, "In cases when a person has an equity of redemption, the Court shall not specify a time for the redemption, but the person may redeem the property at any time before sale." F.S.A. Section 45.031(1)....
...up to the date when ownership of the property is transferred. Allstate Mortgage Corporation of Florida v. Strasser,
286 So.2d 201 (Fla., 1973). The Florida Supreme Court, in construing the meaning of the word "sale" contained within Florida Statute
45.031, has stated ". . . we hereby find that the Legislature intended to adopt the recognized meaning of the word `sale' and that the sale did not take place until ownership of the property was transferred. Said transfer takes place according to Statute
45.031(3) Fla.Stat., ten days after the day of sale, upon no objections being filed thereto and issuance of a certificate of title." (Id....
0 red0 yellow8 green0 procedural
CopyCited 15 times | Published | Supreme Court of Florida | 1992 WL 163953
...le on _______________, 19__, between 11:00 a.m. and 2:00 p.m. to the highest bidder for cash, except as prescribed in paragraph 4, at the _______ door of the courthouse in ___________________ County in __________________, Florida, in accordance with section 45.031, Florida Statutes....
0 red0 yellow24 green0 procedural
CopyCited 18 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 3494, 9 Bankr. Ct. Dec. (CRR) 708
...s $11.2 million. The fact that neither Equitable nor the second mortgagee sought a deficiency decree supports the conclusion that the property was worth at least $7.9 million, the extent of the two liens. Secondly, a foreclosure sale conducted under § 45.031, Florida Statutes, as this one was, is subject to challenge if the sale price was so inadequate as to indicate fraud or other irregularity. Unless challenged successfully: "The amount of the bid for the property at the sale shall be conclusively presumed to be sufficient consideration for the sale." § 45.031(7)....
0 red0 yellow12 green0 procedural
CopyCited 14 times | Published | Florida 3rd District Court of Appeal | 1995 Fla. App. LEXIS 6132, 1995 WL 335707
...The claim here is that the trial court erroneously permitted a mortgagor to exercise its right of redemption from a foreclosure judgment after the property had been sold to an intervening purchaser at public sale and the clerk's certificate had issued. Upon examination of the matter, we find that the provisions of section 45.0315, Florida Statutes (1993), entirely control the matter....
...Appellants, as intervening purchasers, claim that upon the filing of the certificate of sale by the clerk, the mortgagor's right to redeem was extinguished as specifically provided for in the final judgment of foreclosure, which judgment is entirely consistent with *249 section 45.0315....
...With the advent of a mortgagee's resort to the remedy of foreclosing the mortgage or other security interest, the practice became obsolete. However, the equity of redemption remains a powerful, substantive right. 37 Fla.Jur.2d Mortgages & Deeds of Trust §§ 108-109. At the time Strasser was decided, under then-existing section 45.031(1), Florida Statutes (1973), there was a legislative prohibition against courts ordering redemptive rights to be extinguished prior to sale. Laws of Florida, chapter 93.250, Section 1, effective October 1, 1993, re-enacted section 45.031, which deleted the prohibition. As indicated, section 45.0315, Florida Statutes (1993), explicitly empowers a court in the final judgment of foreclosure to fix the time in which the mortgagor may redeem. Where the judgment is silent in that regard, redemptive rights are lost upon the clerk's filing of a certificate of sale. The mandate of section 45.0315 is contained in its last sentence, which provides: "Otherwise, there is no right of redemption." The statute, per se, abolishes neither the procedural nor the substantive right to redeem....
...after the filing of the clerk's certificate of sale. Consequently, the election was late and the right to redeem was already extinguished. Independently, the mortgagor-appellee argues that confirmation of the sale is nonetheless required pursuant to section 45.031(5), Florida Statutes (1993). This is undoubtedly correct if an objection to the sale is filed pursuant to section 45.031(4)....
...Consequently, the clerk was entitled to issue to the successful bidder a certificate of title without judicial confirmation. By way of recapitulation, we observe that the common law rule announced in Allstate v. Strasser, with respect to redemption, has been displaced by the enactment of section 45.0315, Florida Statutes, which exclusively governs the time, manner, and procedure for the claimed exercise of redemptive rights....
...s of course the allowable costs and attorney's fees to the purchaser, and to grant such other relief as may be appropriate. Reversed. NOTES [1] Paragraph 10 of the final judgment of foreclosure provided: 10. The sale shall be held in accordance with Section 45.031 of the Florida Statutes, and upon the Clerk filing the Certificate of Sale, all persons shall forever be barred and foreclosed of any and all equity or right of redemption in and to the above-described property, and subsequently, upon the Clerk filing the Certificate of Title as provided by Section 45.031 of the Florida Statutes, the sale shall stand confirmed, and the purchaser at said sale or the purchasers, their heirs, representatives, successors or assigns, shall without delay be let into possession of the said premises as conveyed...
...y specifically authorized to issue a Writ of Possession for the premises located at 1016 18TH TERRACE, KEY WEST, FLORIDA 33040 and the Sheriff is hereby authorized to serve the Writ of Possession forthwith after issuance of Certificate of Title. [2] Section 45.0315 provides: Right of redemption....
0 red0 yellow13 green0 procedural
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 1991 WL 120802
...k's issuance of the certificate of title and that the complete payment to the mortgagee of the amount due under the judgment satisfied the mortgage and the judgment, redeemed the property, and discharged the judgment which ordered the judicial sale. Section 45.031, Florida Statutes (1989) contains the procedure for judicial sales....
...e after it has been forfeited, at law, by a breach of the condition of the mortgage, upon paying the amount of debt, interest and costs." Black's Law Dictionary, Fifth Edition 1979. This right may be exercised at any time before the sale. Fla. Stat. § 45.031(1)....
...In this case the mortgagors redeemed the property through payment to the mortgagee of the entire amount of the judgment. The satisfaction of mortgage and judgment and the deed transferring the property were recorded prior to the issuance of the certificate of title by the clerk. Thus, by operation of section 45.031(1), Florida Statutes (1989) the mortgagor had redeemed the property by satisfying the judgment of record. Appellant argues that because appellees neither gave notice of the conveyance of the property and of the execution of the satisfaction nor filed objections under section 45.031(4), the certificate of sale was properly issued and cannot be set aside....
...issuance of the certificate of title that Mr. and Mrs. Shatz had exercised their right of redemption. Further, we also find that failure to file an objection to confirmation based upon the redemption does not prevent cancellation of the certificate. Section 45.031(4), Florida Statutes (1989) provides that any objections to the sale be filed with the clerk prior to the issuance of the certificate of title....
0 red0 yellow14 green0 procedural
CopyCited 13 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 10336, 2010 WL 2882402
...jurisdiction *265 over the sale proceeds to the extent that they satisfy Tribeca's equitable lien. We reverse on those two issues. Affirmed in part; reversed in part and remanded for correction of judgment. TAYLOR and MAY, JJ., concur. NOTES [1] See § 45.031(3), Fla....
0 red0 yellow13 green0 procedural
CopyCited 15 times | Published | Florida 3rd District Court of Appeal
...entered its order permitting Shirley Strasser to redeem the property, which she did. The sole question presented by this appeal is whether or not the trial court erred in ordering redemption subsequent to the day of sale, in view of the amendment to § 45.031(1), Fla....
...y a time for redemption, but the person may redeem the property at any time before the sale." The Appellant contends that, pursuant to this amendment, no redemption may be granted subsequent to the day of sale. We disagree. Prior to the amendment to § 45.031(1), Fla....
...Tunnicliffe,
98 Fla. 731,
124 So. 279], we hereby find that the Legislature intended to adopt the recognized meaning of the word "sale" and that the sale did not take place until ownership of the property was transferred. Said transfer takes place according to §
45.031 (3), Fla....
0 red0 yellow8 green0 procedural
CopyCited 10 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 562, 2013 WL 3466800, 2013 Fla. LEXIS 1428
...In turn, INT assigned all of its apparent rights to the sold residential property to Nicholas Arsali. After learning about the judicial sale of their residence, on May 13, 2011, the borrowers filed an objection to the judicial sale with the trial court, pursuant to section 45.031, Florida Statutes (2010)....
...eclosure sales. We state that such a presumption is incorrect. The record in this case shows that the borrowers properly initiated a timely objection to the judicial foreclosure sale of their home, well within the 10-day period set forth in sections 45.031(5) and 45.031(8), Florida Statutes....
...If the case is one in which a deficiency judgment may be sought and application is made for a deficiency, the amount bid at the sale may be considered by the court as one of the factors in determining a deficiency under the usual equitable principles. § 45.031, Fla....
0 red0 yellow25 green0 procedural
CopyCited 12 times | Published | Florida 1st District Court of Appeal
...The final judgment further provided that "[i]f the total sum with interest at the rate prescribed by law and all costs of this action accruing subsequent to this judgment are not paid within three days from this date" the property be sold by the Clerk "to the highest bidder" in accordance with F.S. 45.031....
0 red0 yellow9 green0 procedural
CopyCited 12 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4676
...The Clerk proceeded pursuant to the direction of the Summary Final Judgment and conducted a sale on that date, at which time the holder of the second mortgage, CNB, in order to protect its interest, bid in and purchased the subject property. The Clerk promptly filed his Certificate of Sale as required by the Statute § 45.031 et seq., however, before the Certificate of Title was issued First Dade filed its petition for relief in this Court which, ostensibly brought the entire foreclosure proceeding to a screeching halt, much to the chagrin of the Banks....
...cate of Title is issued, the sale is final and is deemed to be confirmed and the purchaser named in the Certificate becomes the legal owner of the subject property without the necessity of any further proceedings or filings of any other instruments. § 45.031(4) of the Florida Statutes....
0 red0 yellow8 green0 procedural
CopyCited 15 times | Published | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 6698
...178, 189. Indeed, though the point is not presented here, I am convinced that the right to de-accelerate the mortgage lien, cure the default and reinstate the installment debt continues (at least in Florida) until the statutory right of redemption expires. §
45.031(3), Florida Statutes; All-state Mortgage Corp. of Florida v. Strasser, Fla.1973,
286 So.2d 201, 203; 37 Fla.Jur.2d Mortgages, § 365. That occurs when the clerk files a certificate of title, ten days after the filing of the certificate of sale if no objections are filed. §
45.031(3), Florida Statutes....
0 red0 yellow4 green0 procedural
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 1990 WL 60905
...to, the Clerk of the Court shall sell the subject property at public sale on the 17th day of May, 1989 at 11:00 A.M. or as soon thereafter as same can be done, to the highest and best bidder for cash... after having first given notice as required by Section 45.031, Florida Statutes, such sale to be pursuant to and in accordance with said Statute....
...ery partition sale. The trial court entered an order setting aside the certificate of sale and certificate of title and instructed the clerk to conduct another public sale of the subject property in September 1989. The order set out that pursuant to section 45.031, Florida Statutes, [*] *418 the parties or any third-party bidder would be required to post "a deposit equal to five (5%) percent of their final bid or $1,000.00 cash (not credit) whichever is less." It is this order from which Walter Sulkowski and Jerzy Sulkowski appeal. Since 1985, section 45.031 has required the successful bidder at a judicial sale held pursuant to that statute to post a deposit of up to $1,000 "[a]t the time of the sale." It is apparent that Alina Sulkowski was unaware of this requirement and simply came to the sale without the necessary cash....
...e result of any mistake, accident, surprise, fraud, misconduct, or irregularity on their part. Whether the sales price was adequate or inadequate, the clerk did not commit any mistake or irregularity by applying correctly the deposit requirements of section 45.031, especially when the order setting the sale referred to the statute....
...The deposit shall be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the clerk shall readvertise the sale as provided in this section and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment. § 45.031, Fla....
0 red0 yellow9 green0 procedural
CopyCited 10 times | Published | Supreme Court of Florida
...y at public sale on __________, 19__, between 11:00 a.m. and 2:00 p.m. to the highest bidder for cash, except as prescribed in paragraph 4, at the _________ door of the courthouse in _____________ County in _______________ Florida in accordance with section 45.031, Florida Statutes....
0 red0 yellow11 green0 procedural
CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 2009 Fla. App. LEXIS 14525, 2009 WL 3102130
...ion of any kind can rest on such a foundation. This is particularly true here because the order contravenes the terms of the statute that a sale is to be conducted "not less than 20 days or more than 35 days after the date" of the order or judgment. § 45.031(1)(a), Fla....
0 red0 yellow11 green0 procedural
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 660587
...The right of redemption is a valued and protected equitable right of the mortgagor to reclaim his estate in foreclosed property after it has been forfeited, at law, by paying the amount of the debt, interest and costs. CCC Properties Inc. v. Kane,
582 So.2d 159 (Fla. 4th DCA 1991). Former section
45.031 and current section
45.0315, which govern the right of redemption are in derogation of common law, and should be strictly construed. Allstate Mortgage Corp. of Fla. v. Strasser,
277 So.2d 843 (Fla. 3d DCA), affirmed,
286 So.2d 201 (Fla.1973). Pursuant to former section
45.031, a mortgagor could exercise the right of redemption any time before the issuance of the certificate of title. Current section
45.0315 provides: At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of any subordinate interest ma...
...If ambiguous, it should not be construed against the equitable right of redemption. A revisiting of this particular form may be advisable, if this is not its intended meaning. Clear language could have extinguished the right of redemption in this case at the point provided in section 45.0315, but absent such language we must construe it strictly, as not having that effect....
...he certificate of title was filed. This case is distinguishable from Emanuel, because in that case the judgment was silent as to a different time than that provided by the statute, for cutting off redemption rights. Thus the earlier date provided by section 45.0315time of filing the certificate of sale by the clerk of the courtwas not applicable here....
0 red0 yellow18 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 4471, 2012 WL 933060
...Upon application by plaintiff requesting a sale of the Mortgaged Property and certifying that the monetary judgment has not been satisfied, this court shall enter an order instructing the Clerk of Court to sell the mortgaged property at the next available sale date in accordance with Section 45.031, Florida Statutes....
...ases. In each case, PNC sued Pugliese and an associated corporation for foreclosure and damages. In each, the trial court found for PNC and implemented the two-step structure of the final judgment described above. The judgments are nearly identical. Section 45.031 Did Not Require the Trial Courts to Set a Foreclosure Sale Defendants first contend that the trial courts contravened section 45.031, Florida Statutes (2008), by granting foreclosure without scheduling a foreclosure sale. They argue that subsection 45.031(l)(a) requires that the foreclosure sale be set within a certain time and that it was an abuse of discretion to indefinitely stay the sale. We reject this argument. In relevant part, subsection 45.031(l)(a) provides: In the order or final judgment, the court shall direct the clerk to sell the property *927 at public sale on a specified day that shall be not less than 20 days or more than 35 days after the date thereof, on terms and conditions specified in the order or judgment. The defendants rely on the above language. However, the plain language of the statute demonstrates that the procedure set forth in section 45.031 is not the exclusive procedure for setting a foreclosure sale and that a judge has the discretion to use a different procedure. The introductory paragraph of section 45.031 states: In any sale of real or personal property under an order or judgment, the procedure provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other sale procedure if so ordered by the court. (Emphasis supplied.) By the use of the term “may” and the suggestion that section 45.031 procedure is an “alternative to any other sale procedure,” the statute plainly gives a circuit judge discretion to tailor the procedure for a foreclosure sale....
...“Historically, courts of equity came into being in order to provide a forum for the granting of relief in accordance with the broad principles of right and justice in cases where the restrictive technicalities of the law prevented the giving of relief.” Hedges v. Lysek,
84 So.2d 28, 31 (Fla.1955). While section
45.031 contains a ready-made procedure for a court to adopt, the statute does not mandate that a court utilize that procedure; rather, the judge may fashion a different sale procedure after considering the equities in the case. The defendants cite a line of cases to argue that a trial court’s indefinite stay of a sale constitutes an abuse of discretion. Those cases are distinguishable because they involve courts working within the structure of a section
45.031 sale procedure and mortgagees that are prevented from realizing the benefits of a foreclosure judgment, without an equitable basis which justifies the bar....
...� Id. Thus, we reversed and instructed the trial court to set a sale date. Id. Thomas presents a scenario different than this case. There, the trial court in the final judgment set a date for the sale and adopted the alternative procedure set out in section 45.031, rather than fashioning its own procedure....
...y the plaintiff was limited, in the absence of circumstances justifying the delay. In the *928 instant case, however, the final judgments expressly declined to set sale dates so that PNC could pursue its final judgment at law. They provided that the section 45.031 sale procedure would be invoked once PNC certified that it was unable to satisfy the money judgments against the defendants....
...In addition, the defendants rely on LR5A-JV v. Little House, LLC,
50 So.3d 691 (Fla. 5th DCA 2010). However, the case does not support the defendants’ contention that the statute is a procedural straightjacket for a circuit court. Instead, it supports the notion that, even within the section
45.031 procedure, the circuit court “has reasonable discretion within the statutory framework to set or reset the date for such sale,” which is “consistent with the equitable nature of such proceedings,” id....
...he form provides in paragraph 3: “If the total sum with interest at the rate described [ ... ] are not paid, the clerk of this court shall sell the property at public sale on ... (date) ..., to the highest bidder for cash [ ... ] in according with section
45.031, Florida Statutes[.]” Nothing in the Supreme Court’s adoption of the form makes its utilization mandatory in all cases; rather, its purpose is to provide a clear and readable judgment that is in “conformity with current statutory provisions and requirements.” In re Amendments to Fla. R. of Civ. P.,
44 So.3d at 558. In any event, a requirement to follow this particular form would be at odds with the discretion granted in section
45.031. In sum, because section
45.031 gives a circuit court discretion to fashion the foreclosure sale procedure, and limits that discretion only after the court uses the statutory procedure to set a sale date, the trial courts in these cases did not abuse their discretion...
0 red0 yellow20 green0 procedural
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 1991 WL 244653
...1st DCA 1990); Norwest Bank Owatonna, N.A. v. Millard,
522 So.2d 546, 547 (Fla. 4th DCA 1988). The amount bid at a judicial sale "may be considered by the court as one of the factors in determining a deficiency under the usual equitable principles." §
45.031(8), Fla....
0 red0 yellow8 green0 procedural
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2005 WL 3533675
...See Allstate Mortgage Corp. of Florida v. Strasser,
286 So.2d 201 (Fla. 1973) (common law right of redemption in mortgaged property continues until confirmation of sale). The Legislature has enacted two statutes touching on this right of redemption. Section
45.031 provides generally for judicial sales in foreclosure actions and states that the issuance of the certificate of title confirms the sale. Section
45.0315 enforces a statutory right of redemption, but it does not clearly state that it is intended to replace the common law....
0 red0 yellow12 green0 procedural
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 1995 WL 706849
...Fincham,
443 So.2d 312, 313 (Fla. 4th DCA 1983) (reversing order denying wife's motion to vacate judicial sale of marital domicile where notice of sale prepared by husband's counsel was not served on wife). Outlining the procedure to be followed in a judicial sale, section
45.031(1), Florida Statutes (1991) recognized a right of redemption "at any time before the sale." "`Before the sale' as [then] used in the statute has been interpreted to mean at any time before the issuance of the certificate of title." [4] CCC Properties, Inc....
...See also Gulf Maintenance & Supply, Inc. v. Barnett Bank of Tallahassee,
543 So.2d 813 (Fla. 1st DCA 1989); Cole v. Blackwell, Walker, Gray, Powers, Flick & Hoehl,
523 So.2d 725 (Fla. 3d DCA 1988); Bowman v. Kingsland Dev., Inc.,
432 So.2d 660, 663 (Fla. 5th DCA 1983). [4] Section
45.0315, Florida Statutes (1993), effective October 1, 1993, ch....
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 9340, 2009 WL 1940759
...osure sale. It held a certificate of sale to the property at issue. Pursuant to that certificate of sale, Shlishey had the right to obtain title to the property unless objections to the sale were filed within ten days and sustained by the court. See § 45.031(5), Fla....
...Thus, the absence of an explicit statutory procedure for post-sale proceedings did not give the trial court liberty to simply ignore the procedural due process rights of interested parties. Second, contrary to CitiFinancial's argument, the statute does set forth the required procedure. Section 45.031(8) provides that objections based on the amount of the bid may be filed within ten days after the clerk files a certificate of sale, and "[i]f timely objections to the bid *1276 are served, the objections shall be heard by the court....
..." (Emphasis added.) For the court to "hear" objections, it must provide both notice and an opportunity for any interested party to address those objections. See, e.g., Nelson v. Santora,
570 So.2d 1374, 1376 (Fla. 1st DCA 1990) (interpreting former version of section
45.031(8) to require the court to hold an actual hearing on any objections)....
...nts of the particular proceeding," Massey,
842 So.2d at 146, and we do not hold that a court may only "hear" objections to a foreclosure sale at an in-court proceeding with counsel physically present. However, we are certain that the word "heard" in section
45.031(8) does not contemplate that objections to a foreclosure sale may be decided ex parte and without notice to all interested parties, including the buyer holding the facially valid certificate of sale....
0 red0 yellow10 green0 procedural
CopyCited 13 times | Published | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 4008
...9.21. Pursuant to the final judgment, the property was sold at public sale by the clerk of the court for Pinellas County, Florida on January 29, 1982, for the sum of $300,000. The clerk promptly filed the Certificate of Sale as required by Fla.Stat. § 45.031(2)....
...However, prior to the filing of the Certificate of *547 Title, Construction Leasing filed its petition for relief in this Court thereby preventing the completion of the foreclosure proceeding. It is important to note at the outset that under Fla.Stat. § 45.031 et seq....
...the owner of the foreclosed property may exercise a right of redemption within 10 days after the filing of the Certificate of Sale. It is the filing of the Certificate of Title which vests the title of the property in the purchaser and extinguishes the mortgagor's right of redemption. Fla.Stat. § 45.031(4)....
0 red0 yellow1 green0 procedural
CopyCited 9 times | Published | Florida 5th District Court of Appeal
...dgment of foreclosure determines to be due. Blue Heron Land Co. v. Brown,
98 Fla. 1238,
125 So. 369 (1930). See also, Flagler Center Building Loan Corp. v. Chemical Realty Corporation,
363 So.2d 344 (Fla. 3d DCA 1978). Neither do we find anything in section
45.031, Florida Statutes (1981), that requires a mortgagor to seek permission of the court in order to exercise his right of redemption, which exists up to the time the certificate of title is issued....
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | Supreme Court of Florida | 2010 WL 455295
...[2] Upon consideration, we adopt the proposed amendments to form 1.996, with one exception, as further explained below. First, to conform to current statutory requirements, a notice to lienholders and directions to property owners as to how to claim a right to funds remaining after public auction is added to the form. See § 45.031(1), Fla. Stat. (2009). Additionally, to conform to current statutory provisions allowing the clerk of court to conduct judicial sales via electronic means, the form is amended to accommodate this option. See § 45.031(10), Fla....
...orm to existing practice and require a successful purchaser to pay the documentary stamps on the certificate of title; (4) paragraph six is amended to accommodate the possibility that there may be multiple defendants, to adapt to the requirements of section 45.0315, Florida Statutes (2009), stating that the right of redemption expires upon the filing of the certificate of sale, unless otherwise specified in the judgment, to recognize the potential survival of certain liens after foreclosure *559...
...to the highest bidder for cash, except as prescribed in paragraph 4, at the ..... door of the courthouse inlocated at.....(street address of courthouse)..... in .................... County in ...............(name of city). . . . ., Florida, in accordance with section 45.031, Florida Statutes., using the following method (CHECK ONE): [] At .......
...The reference to writs of assistance in paragraph 7 is changed to writs of possession to comply with the consolidation of the 2 writs. 2010 Amendment. Mandatory statements of the mortgagee/property owner's rights are included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means. Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form with existing practices of clerks and practitioners....
0 red0 yellow14 green0 procedural
CopyCited 6 times | Published | Florida 2nd District Court of Appeal | 2002 WL 1072105
...NORTHCUTT and STRINGER, JJ., Concur. NOTES [1] The foreclosure sale was scheduled in accordance with the statutory requirement that it be held no sooner than twenty days after entry of the final judgment and no later than thirty-five days thereafter. § 45.031(1), Fla....
0 red0 yellow7 green0 procedural
CopyCited 6 times | Published | United States Bankruptcy Court, M.D. Florida | 9 Collier Bankr. Cas. 2d 816, 1983 Bankr. LEXIS 5066
...404, 409-10 (Bkrtcy.S.D.N.Y.1982). It has long been the law in Florida that the right or "equity" of redemption is inherent in any mortgage. Quinn Plumbing Co. v. New Miami Shores Corp.,
100 Fla. 413,
129 So. 690 (1930); Rosen v. Hunter,
227 So.2d 689 (Fla.App.1969). F.S.
45.031(a), enacted in 1977 and governing judicial sales of real (as well as personal) property, provides in pertinent part, "In cases when a person has an equity of redemption, the Court shall not specify a time for the redemption, but the person...
0 red0 yellow6 green0 procedural
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 1988 Bankr. LEXIS 103
...In re Martinez,
76 B.R. 217 (Bankr.S.D.Fla.1987). [1] The Date of the Sale With more plausibility, the debtors also argue that under Florida decisions, a judicial "sale" does not take place until the sale has become final under the provisions of Fla.Stat. §
45.031(1)-(5)....
...The statute then provides that: "When the certificate of title is filed the sale shall stand confirmed, and title to the property shall pass to the purchaser named in the certificate without the necessity of any further proceedings or instruments." § 45.031(5). The statute further provides that: "In cases when a person has an equity of redemption, the court shall not specify a time for the redemption, but the person may redeem the property at any time before the sale." § 45.031(1)....
...aid: "we hereby find that the Legislature intended to adopt the recognized [by the Florida court] meaning of the word `sale' and that the sale did not take place until ownership of the property was transferred. Said transfer takes place according to § 45.031(3), Fla.Stat., ten days after the day of the sale, upon no objections being filed thereto and issuance of the certificate of title." The Court held, therefore, that the right of redemption did not expire until issuance of the certificate of title....
0 red1 yellow4 green0 procedural
CopyCited 7 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 4961
...Absent the filing of a written objection to the sale, the Clerk automatically files a Certificate of Title ten days after the sale. The sale stands as confirmed by the Court and title to the property passes to the purchaser without the necessity of further proceedings. § 45.031 Fla.Stat....
...the Clerk of the Circuit Court during the 60 day period is irrelevant. Pursuant to Florida law, the Clerk is directed to file the Certificate of Title upon the expiration of the Florida 10 day redemption period if no objection to the sale is filed, § 45.031 Fla.Stat....
0 red0 yellow3 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2006 WL 625590
...The paralegal called the attorneys for the lender and found out that the sale had taken place as scheduled that day. Action Realty was the successful bidder at the sale, purchasing the property for $162,000. The paralegal ran the title search again and discovered the final judgment. Within the ten day time permitted under section 45.031(4), Florida Statutes, for filing objections to the sale, Grandison filed an objection to the foreclosure sale and a motion to vacate....
...f the amount of the judgment after it has been forfeited through foreclosure is a valuable equitable right. See Indian River Farms v. YBF Partners,
777 So.2d 1096 (Fla. 4th DCA 2001). That equitable right, available at common law, is now governed by section
45.0315, Florida Statutes (2004), which provides: At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holde...
...xpenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney's fees of the creditor. Otherwise, there is no right of redemption. As was noted in Saidi v. Wasko,
687 So.2d 10, 11 (Fla. 5th DCA 1996), under former section
45.031, the right of redemption could be exercised up to the time of the issuance of the certificate of title. However, section
45.0315 provides that the right may now be exercised up until the certificate of sale unless another time is set in the judgment of foreclosure....
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2011 WL 711061
...Wells Fargo contends that the document was sent directly to the presiding judge’s chambers and that it was riot docketed in accordance with Florida Rule of Civil Procedure 1.080(e). Because the clerk of court did not realize that there was a pending objection, it is *176 sued a certificate of title to Avi-Isaac. See § 45.031(5), Fla....
0 red0 yellow10 green0 procedural
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...It is argued that the amount bid at the sale established the value of the property foreclosed for the determination of the equities upon an application for a deficiency judgment. It is established that the sale price is one of the factors to be considered. See Section 45.031(7) Florida Statutes (1975); R.K....
0 red0 yellow3 green0 procedural
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
...ciency judgment and every opportunity to proceed with such evidence as they thought proper. Inasmuch as no evidence of fair market value was introduced, other than the sale price, the deficiency judgment was properly entered. [1] Affirmed. NOTES [1] Section 45.031(7), Florida Statutes (1977), states: "VALUE OF PROPERTY....
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 56 Collier Bankr. Cas. 2d 315, 19 Fla. L. Weekly Fed. B 198, 2006 Bankr. LEXIS 792
...sure Sale and to Vacate and/or Set Aside Certificate of Sale ("Objection to Sale") in the Circuit Court of Miami-Dade County seeking to Vacate the Foreclosure Sale and Certificate of Sale, objecting to the foreclosure sale as set forth in Fla. Stat. § 45.031(4), the effect of which Objection to Sale was to delay issuance of the Certificate of Title to the successful bidder at the foreclosure sale Pioneer Investment Enterprises, Inc....
...The Debtor's Right of Redemption Under Florida law, a homeowner's right of redemption is terminated on the *772 "later of the filing of a certificate of sale by the Clerk of the Court or the time specified in the judgment, order or decree of foreclosure..." Fla. Stat. § 45.0315. However, if an objection to sale is filed within 10 days after the filing of the certificate of sale, the objecting party is entitled to have that objection heard before a certificate of title can be issued. See Fla. Stat. § 45.031(4); see also Nelson v....
0 red0 yellow6 green0 procedural
CopyCited 7 times | Published | Florida 5th District Court of Appeal
...the real value of the property, he should not have confirmed the sale, but ordered a resale of the property. Penn Mut. Life, supra . Present statutory law does not require confirmation, but allows the sale to become final if no objections are filed. § 45.031, Fla. Stat. [3] In 1971, section 45.031(7), Florida Statutes, was amended to reflect the Cooper decision....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2014 WL 1632241, 2014 Fla. App. LEXIS 6018
...Bondurant a total of 0.5 hours (at $175 per hour) to draft a certificate of sale and a certificate of title even though these tasks could likely have been performed by a paralegal at a lower hourly rate since there are statutory forms for the certificates. See § 45.031(4)-(5), Fla....
0 red0 yellow8 green0 procedural
CopyCited 4 times | Published | District Court, M.D. Florida | 1992 U.S. Dist. LEXIS 17507, 1992 WL 334059
...If the total amount due and all costs advanced subsequent to this judgment are not paid by Defendant within thirty (30) days the Court orders that the mortgage be foreclosed and the property sold to satisfy Plaintiff's lien, in accordance with the provisions of Section 45.031, Florida Statutes....
0 red0 yellow4 green0 procedural
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 197981
...*1376 It is obvious from our review of the record that the trial court is becoming frustrated with the delaying tactics of the defendants. Nevertheless, adherence to the applicable statutory provisions must be observed before the certificate of title can issue. Section 45.031(4), Florida Statutes, provides for issuance of a certificate of title within 10 days by the clerk if no objections to the sale are filed within that time....
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 8768, 2015 WL 3609892
...4th DCA 1991).
"[A] purchaser takes title subject to defects, liens, incumbrances, and all matters of
which he has notice, or of which he could obtain knowledge in the exercise of ordinary
prudence and caution." Cape Sable Corp. v. McClurg,
74 So. 2d 883, 885 (Fla. 1954)
(emphasis added). Further, although section
45.031(5), Florida Statutes (2013),
provides for the filing of objections to a judicial sale within ten days, "the substance of
- 13 -
an objection to a foreclosure sale under section
45.031(5) must be directed toward
conduct that occurred at, or which related to, the foreclosure sale itself." Skelton, 157
So....
0 red0 yellow7 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1984 Fla. App. LEXIS 13394
...r mortgagee made a party defendant to the foreclosure action. Rodriguez, however, relies upon the applicable statute which provides that "when a person has an equity of redemption, ... the person may redeem the property at any time before the sale." §
45.031(1), Fla. Stat. (1983). This statute has been construed to mean that redemption can be made up until the time the certificate of title is issued in accordance with section
45.031(3). Allstate Mortgage Corp. of Florida v. Strasser,
277 So.2d 843 (Fla. 3d DCA), aff'd,
286 So.2d 201 (Fla. 1973). In Allstate Mortgage, however, we held that section
45.031 must be strictly construed and will not be interpreted to displace the common law further than is clearly necessary....
0 red0 yellow3 green0 procedural
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2004 WL 19495
...e of this judgment, on affidavit of non-payment by the Plaintiff, the Clerk of this Court shall issue a Notice of Sale for the sale of the above described property at public sale to the highest bidder in accordance with the Judicial Sales Procedure, Section 45.031, Florida Statutes....
0 red0 yellow3 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10881
...Thus, the deficiency proceeding, rather than being an action on a
consumer debt that has been reduced to judgment, is actually an action to enforce the
result of a foreclosure proceeding and obtain a money judgment. See Royal Palm,
89
So. 3d at 928, 929-30; cf. §
45.031(1)(a), Fla....
0 red0 yellow13 green0 procedural
CopyCited 4 times | Published | Florida 4th District Court of Appeal
...ess" and denied petitioners' motion for order pursuant to mandate. Sub judice the issue is whether the Petersons had a right of redemption in light of our reversal of the trial court's order which vacated the judicial sale. Prior to the amendment to Section 45.031(1), Florida Statutes (1971), the statute did not mention a right of redemption....
...f title. [1] In Done Investments, N.V. v. Forman,
369 So.2d 650, 651 (Fla. 3d DCA 1979), the court said: Our review of the record shows that the trial court partially adopted, as it was permitted to do, the procedures for judicial sales set forth in Section
45.031. Here the final judgment, contrary to the provisions of Section
45.031, fixed a specific time for redemption....
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 18959, 1993 WL 563843
...tes of Title and Judge Marcus noted that the expiration of the Florida redemption period is accomplished only when the Clerk files a certificate of title and serves a copy of it on each party not in default. In re Outten at pg. 12, citing, Fla.Stat. § 45.031(4); Allstate Mortgage Corporation of Florida v....
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 7629
...Grissett and the other interested defendants, none of which were appellee W.E. Grissett, Jr., P.A. (appellee P.A.). Subsequently, notice of sale was twice advertised, and on June 9, 1989 the clerk of the court conducted a public sale of the property in accordance with section 45.031, Fla....
...th the Grissetts, and (4) the answer filed by the Grissetts was signed by the P.A. The lease was for a term of ten years and was unrecorded. The court denied the motion for writ of assistance and granted appellee P.A. time to redeem the foreclosure. Section 45.031(1), Fla....
...any time before the sale. In Allstate Mortgage Corporation of Florida v. Strasser,
286 So.2d 201, 203 (Fla. 1973) the supreme court construed the word "sale" in the statute to mean when transfer of ownership of the property takes place which, under section
45.031(3), is "`ten days after the day of the sale, upon no objections being filed thereto and issuance of the certificate of title.'" (quoting Allstate Mortgage Corporation of Florida v....
0 red0 yellow4 green0 procedural
CopyCited 5 times | Published | Florida 5th District Court of Appeal | 2006 WL 2986301
...Nevertheless, I believe that, "once the certificate [of title] is issued, redemption is precluded, even if the party asserting the right was not made a party to the foreclosure proceedings." Id. The final judgment of foreclosure provided: "The sale shall be held in accordance with § 45.031 Fla....
...(1995), and upon the Clerk filing the Certificate of Sale, all persons shall be forever barred and foreclosed of any and all equity or right of redemption in and to the above property." The property was sold and the certificate of sale was filed on 8 July 2005. Section 45.0315, Florida Statutes (1995), provided: At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of a...
0 red0 yellow1 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1339
...certificate of title was issued to Mrs. McKenzie. Because two of these issues either were not or could not be proved, the jury had to speculate on possible outcomes in order to reach its verdict. Issues one and three can be resolved by reference to section 45.031, Florida Statutes (1983). Section 45.031(1) outlines the procedure of a judicial sale and specifically states that the property may be redeemed at any time before the sale. Section 45.031(2) recites the form of the clerk's certificate of sale which is issued following the sale to the person who was the highest and best bidder for cash. Section 45.031(3) provides a ten day period following a judicial sale within which to file objections to the sale....
...Here, however, the mortgagor knew immediately that there was a problem with the legal description which would require that the sale be set aside and a new judicial sale scheduled. Therefore, he was under no obligation to redeem within the ten day period allowed by section 45.031(3)....
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 12917, 2010 WL 3446871
...an opportunity to bid at the sale when, because of inadvertence or a mistake, an attorney who was to represent him there for that purpose was not present.” Van Delinder v. Albion Realty & Mortgage, Inc.,
287 So.2d 352, 353 (Fla. 3d DCA 1973). Section
45.031(8), Florida Statutes (2009), provides that objections based on the amount of the bid may be filed within ten days after the clerk files a certificate of sale, and “[i]f timely objections to the bid are served, the objections shall be heard by the court.” (Emphasis added)....
...y interested party to address those objections.” Shlishey the Best, Inc. v. Citi-Financial Equity Servs., Inc.,
14 So.3d 1271, 1276 (Fla. 2d DCA 2009); see Nelson v. Santora,
570 So.2d 1374, 1376 (Fla. 1st DCA 1990) (interpreting former version of section
45.031(8) to require court to hold actual hearing on any objections)....
...Charlotte County,
842 So.2d 142, 146 (Fla. 2d DCA 2003). Consequently, we do not hold that a court may only “hear” objections to a foreclosure sale at an in-court proceeding with counsel physically present. Still, we are confident that the term “heard” in section
45.031(8) does not contemplate that objections to a foreclosure sale are to be decided ex parte and without notice to all interested parties....
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 1472
...Florida National, through its subsidiary, WNO, Inc., was the successful bidder at the sale. Debtor commenced these related Chapter 11 proceedings on July 13, 1987 (the "Filing Date"). The Filing Date represented the last day in which the Debtor could have redeemed its interest in the Property. Section 45.031, Florida Statutes, provides a right of redemption to the foreclosed owner of property during the ten days following a foreclosure sale....
0 red0 yellow1 green0 procedural
CopyCited 4 times | Published | United States Bankruptcy Court, S.D. Florida. | 10 Fla. L. Weekly Fed. B 68, 1996 Bankr. LEXIS 1110
...FACTS Financial Federal Savings and Loan Association of Dade County ("Mortgagee") held a mortgage on Debtor's principal residence. Mortgagee began a foreclosure action against Debtor and obtained a final judgment in state court which set a foreclosure sale pursuant to the judicial sales procedure in § 45.031, Florida Statutes....
...t with the reasoning of Glenn." Id. Debtor attempts to distinguish Jaar based upon language in the state court's final judgment which purportedly extended her right of redemption until issuance of the certificate of title. The argument is based upon § 45.0315, Florida Statutes, which provides that a mortgagor may cure a mortgage and prevent a foreclosure sale by paying the amount of moneys specified in the judgment "before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment . . ." § 45.0315 (emphasis added)....
...red a lump sum cash payment and could not be modified by curing and reinstating the mortgage in a Chapter 13 plan.
85 F.3d at 1560-61. The redemption right under Florida law similarly requires "paying the amount of monies specified in the judgment." §
45.0315, Florida Statutes....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...We reverse and remand for entry of judgment awarding a deficiency for the total amount claimed. The final judgment of foreclosure adjudicated that appellant/mortgagee was entitled to $1,026,110.10 for principal, interest, and costs. At the judicial sale held pursuant to court order under section 45.031, Florida Statutes, (1981), the security property was sold to a third party for $520,200 cash....
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2011 Fla. App. LEXIS 15383, 2011 WL 4467534
...The defendants argue that the court erred in denying their motion because the clerk of court issued the certificate of title while their objections to the sale were pending and because the court did not conduct an evidentiary hearing on their objections. We agree with the defendants’ arguments and reverse. Compare § 45.031(5), Fla. Stat. (2010) (“If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk shall file a certificate of title .... ”), with § 45.031(8), Fla....
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 25 Fla. L. Weekly Fed. B 17, 2014 Bankr. LEXIS 2448, 2014 WL 2566911
...21 Debtor argues his interest in the Property is lost only after issuance of a Certificate of Title, not the Certificate of Sale, and the Court’s ability to strip the lien is the same as if the request had made before the foreclosure sale had occurred. Florida’s judicial foreclosure procedures, set forth in Section 45.031 of the Florida Statutes, authorize the sale of real property at public auction pursuant to a final judgment of foreclosure....
...23 “If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk shall file a certificate of title and serve a copy of it on each party....” 24 Title to the property passes to the purchaser when the certificate of title is filed and “the sale shall stand confirmed.” 25 Section 45.031 of the Florida Statutes explicitly empowers a court in the final judgment of foreclosure to fix the time in which the mortgagor may redeem....
...Any objection to the sale does not affect or cloud the title of the purchaser in any manner. 43 The issuance of the certificate of title is merely a ministerial act required to complete the formal transfer of legal title. 44 The substance of an objection to a foreclosure sale under Section 45.031(5) must be directed toward conduct that occurred at, or which related to, the foreclosure sale itself....
...14. . Association’s Exhibit 7. . Association's Exhibit 8. . Doc. No. 21. . Doc. No. 13. . All references to the Bankruptcy Code or the Code refer to 11 U.S.C. Section 101 , et seq. . 477 Fed.Appx. 562 (11th Cir.2012). . Doc. No. 17. . Fla. Stat. § 45.031 (2014). . Fla. Stat. §§ 45.031 (2), (5) (2014). . Fla. Stat. § 45.031 (5) (2014). . Fla. Stat. § 45.031 (6) (2014). . Fla. Stat. § 45.0315 (2014). . Fla. Stat. § 45.0315 (2014); See Emanuel v....
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | District Court, S.D. Florida | 2014 U.S. Dist. LEXIS 26875, 2014 WL 721486
...f under the Note and Mortgage are not paid immediately, the Court foreclose the Mortgage and the Clerk of the Court sell the Property securing the indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions of Florida Statutes § 45.031 (2006) ......
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2005 WL 991713
...Van Delinder v. Albion Realty & Mortgage, Inc.,
287 So.2d 352 (Fla. 3d DCA 1974); Subsaro v. Van Heusden,
191 So.2d 569 (Fla. 3d DCA 1966). [8] Saidi v. Wasko,
687 So.2d 10 (Fla. 5th DCA 1996); Emanuel v. Bankers Trust Co.,
655 So.2d 247 (Fla. 3d DCA 1995). [9] §
45.0315, Fla. Stat. See Cueto v. Manufacturers & Traders Trust Co.,
791 So.2d 1125 (Fla. 4th DCA 2000); Indian River Farms v. YBF Partners,
777 So.2d 1096 (Fla. 4th DCA 2001). [10] §
45.031(4), Fla....
0 red0 yellow4 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2008 Fla. App. LEXIS 2224, 2008 WL 441948
...ether with reasonable attorney's fees and costs of the suit as to which the Court reserves jurisdiction to enter supplementary relief on behalf of [Duncan], the Clerk of the Court shall advertise for and conduct a foreclosure sale in accordance with Section 45.031(1), Florida Statutes....
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 11 Fla. L. Weekly 2325
...ut before the court issued the certificate of title. See Allstate Mortgage Corp. v. Strasser,
286 So.2d 201 (Fla. 1973); Cooper Smith Properties, Ltd. v. Flower's Baking Co.,
432 So.2d 683 (Fla. 5th DCA), review dismissed,
438 So.2d 831 (Fla. 1983); §
45.031(1), Fla....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 1987 Bankr. LEXIS 1206
...h prevented a full, fair public auction of the property. The amount bid at the sale is conclusively presumed to be sufficient consideration absent objection by any party within 10 days after the issuance of the clerk's certificate of sale. Fla.Stat. § 45.031(8)....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2005 WL 1364851
...The evidence must support an award for damages. John Hancock Mut. Life Ins., Co. v. Mark-A, Inc.,
324 So.2d 674 (Fla. 2d DCA 1975). *333 Finally, we find that the trial court did not abuse its discretion in declining to order a sale of property pursuant to section
45.031, Florida Statutes....
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1985 Bankr. LEXIS 5474
...matic stay. Both NCNB and the Debtor agree that under Florida law, title to real property sold at public auction, pursuant to a Final Judgment of Foreclosure does not pass to the purchaser until the Clerk of the Court files a Certificate of Title, F.S. 45.031(4) 1984....
0 red0 yellow1 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2015 Fla. App. LEXIS 1777, 2015 WL 574248
...On the second issue, this court will typically defer to a trial court's order
setting aside a judicial sale. Sulkowski v. Sulkowski,
561 So. 2d 416, 418 (Fla. 2d DCA
1990). However, while a borrower is allowed to object to a foreclosure sale under
section
45.031, Florida Statutes (2013), "the substance of an objection to a foreclosure
sale under section
45.031(5) must be directed toward conduct that occurred at, or which
related to, the foreclosure sale itself." IndyMac Fed....
0 red0 yellow9 green0 procedural
CopyCited 1 times | Published | Supreme Court of Florida
District Court of Appeal concluded that, under section
45.031, the subordinate lienholder's claim was untimely
0 red0 yellow8 green0 procedural
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2012 WL 5933055, 2012 Fla. App. LEXIS 20336
...Nor was an appropriate motion under Rules 1.530 or 1.540 ever filed to modify the final foreclosure judgment. Further, because Vargas raised no issues regarding either the pending sale of the subject property or his ownership rights, there was nothing for the lower court to consider once this judgment became final. 5 See § 45.031, Fla. Stat. (2012) (governing judicial sales procedure); § 45.0315, Fla....
0 red0 yellow8 green0 procedural
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1990 WL 49845
...tained. Fara Mfg. Co. v. First Fed. S & L Ass'n,
366 So.2d 164 (Fla. 3d DCA 1979), cited with approval in Thunderbird, Ltd. v. Great Am. Ins. Co.,
566 So.2d 1296, 1299 (Fla. 1st DCA 1990), clarified,
566 So.2d 1296, 1305 (Fla.1st DCA 1990). See also §
45.031(8), Fla....
...he date of our appraisal." The foregoing testimony is evidence that the witness considered changes subsequent to the appraisal. [3] The bid price at foreclosure sale "may be considered by the court as one of the factors in determining a deficiency," § 45.031(8), Fla....
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2009 WL 690661
...No brief filed for appellees. *407 GROSS, C.J. This case involves the competing fee claims of the assignee of a foreclosed property owner and a surplus trustee appointed by the clerk of the court. To decide the case, we must construe the provisions of sections 45.031-45.034, Florida Statutes (2007)....
...ng 6% of the surplus funds and Homeworks 4% of the money. The court ordered the remaining 90% of the surplus to be disbursed to Tracy. National Equity challenges this order on appeal. The primary purpose of the surplus trustee provisions of sections 45.031 to 45.034 is to provide a mechanism to locate the owner of record so that a surplus can properly be distributed....
...g the owner's exposure to fees and costs at twelve percent. See §§
45.033(3)(e), 45.034(7), Fla. Stat. (2007). After a foreclosure sale, the clerk must file a certificate of disbursements specifying the total disbursements and the surplus, if any. §
45.031(7)(b), Fla....
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...Ause Brown, Jr., Gainesville, for appellees. MILLS, Judge. This appeal arises out of a mechanic's lien foreclosure suit. Appellees, defendants-property owners below, allowed a default to be taken against them. Appellant was the successful bidder at the sale which was held under Section 45.031, Florida Statutes....
0 red0 yellow2 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal
...onsideration in
determining whether a deficiency decree should be entered. However, the court
cited to section
702.06, Florida Statutes (2018), which governs mortgage
foreclosures. As this was the foreclosure of an equitable lien and not a mortgage,
section
45.031 sets the procedures. Section
45.031(8), Florida Statutes (2018),
provides in part: “If the case is one in which a deficiency judgment may be sought,
and application is made for a deficiency, the amount bid at the sale may be
considered by the court as one of the factor...
0 red0 yellow2 green0 procedural
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2013 WL 3449645
...tatute. • Section
45.032 In 2006, the legislature revised the provisions of chapter 45 and created section
45.032 to provide for disbursement of surplus funds after a judicial foreclosure sale. See ch. 2006-175 § 2, at 6-8, Laws of Fla.; see also §
45.031(7)(d) (“If there are funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements, the surplus shall be distributed as provided in this section and ss.
45.0315-45.035.”)....
0 red0 yellow6 green0 procedural
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2004 WL 868505
...On appeal, JRBL correctly argues that the trial court was without the authority to extend the right of redemption past the time specified by the legislature. Maiello has not appealed the trial court's denial of her motion to set aside the judicial sale. Section 45.0315, Florida Statutes (2003), provides: At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of a...
...Thus, the right of redemption extends until the later of the filing of a certificate of sale by the clerk or the time specified in the final judgment. The final judgment in this case specifies that the right of redemption extends until the clerk files the certificate of sale, as provided in section 45.0315....
...Thus, Maiello's right of redemption expired on June 9, 2003. At that point, the only way for Maiello to have her redemption rights revested was to get the judicial sale set aside. After the certificate of sale is filed, a party has ten days in which to file an objection to the sale. § 45.031(4), Fla....
...Thus, Maiello's redemptive rights, which expired on June 9, 2003, did not revest. *364 Although the court declined to set aside the judicial sale in this case, it extended the equity of redemption for two weeks. However, under the plain language of section 45.0315, the trial court was without the authority to extend the right of redemption after the time for redemption had expired....
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1992 WL 73501
...Amlong & Amlong, P.A.,
563 So.2d 758 (Fla. 4th DCA 1990). Neidermiller is appellant's daughter. Following that sale, Loschiavo filed a complaint to partition the property. Ultimately, the court ordered a partition sale for October 8, 1990, at 11:00 a.m., and a notice of sale under section
45.031, Florida Statutes, was published....
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CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2010 Fla. App. LEXIS 3904, 2010 WL 1135900
...Palacios' pending motion to return his money. Mr. Palacios then amended his pending motion to change tack, [1] claiming that the *169 amended final judgment of foreclosure and foreclosure sale should be vacated because the judgment was substantially modified after the sale was held. He cited section 45.031, Florida Statutes (2007), which states that a judicial sale will be held no sooner than twenty days after entry of the final judgment....
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CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 16641
issue, section
45.031, Florida Statutes (2014), is the operative statute in this case. Section
45.031 is
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CopyCited 1 times | Published | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14306
...rtheless, ordered the clerk to proceed with the foreclosure as previously scheduled. The defendant’s property was sold and a certificate of sale in favor of Dan and Annette Macre was filed. On January 27, 1975, the defendant, pursuant to Fla.Stat. § 45.031(3), filed objections contending his petition in bankruptcy precluded any judicial sale subsequent to the filing of his petition....
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CopyPublished | Supreme Court of Florida | 1980 Fla. LEXIS 4428
in_County in_, Florida, in accordance with section
45.031, Florida Statutes (1979). 4. Plaintiff shall
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CopyCited 1 times | Published | District Court of Appeal of Florida
Appellant-mortgagor contends, however, that Section
45.031(7), Florida Statutes (1975), is determinative
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CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2016 Fla. App. LEXIS 229, 2016 WL 72531
within ten days of the sale, as required by section
45.031(5), Florida Statutes (2013). Applying our decision
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CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 38 Media L. Rep. (BNA) 1339, 2010 Fla. App. LEXIS 8, 2010 WL 21170
period for publication of notice of sale under section
45.031(1), Florida Statutes (1993), should be computed
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CopyPublished | District Court, M.D. Florida
accordance with the provisions of Florida Statutes §
45.031 (2006); ... and that the [State] Court retain
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CopyPublished | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929
included as required by the 2006 amendment to section
45.031, Florida Statutes. Changes are also made based
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CopyCited 1 times | District Court of Appeal of Florida
... of the lis pendens, must file a claim before the clerk reports the surplus as unclaimed.” See §
45.031, Fla. Stat. (2024). Soon after the foreclosure sale, the clerk filed a Certificate of Disbursements reflecting a $261,738.16 surplus. The Fight Over the Surplus ... ...
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 1987 Bankr. LEXIS 1230
was conducted February 11, 1986, pursuant to Section
45.031, Florida Statutes, at which FNMA purchased
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CopyCited 1 times | District Court of Appeal of Florida
... LLC v. Se. Prop. Acquisitions LLC,
420 So. 3d 1151, 1151 n.* (Fla. 1st DCA 2025); see generally §§
45.031,
45.032,
45.033, Fla Stat. (2024). I further acknowledge that the plain language of section
45.032(3)(b) requires an evidentiary hearing and the consideration of certain statutory ... ...
CopyCited 1 times | Published | District Court of Appeal of Florida
exercised "before the sale", as set forth in F.S. Section
45.031(1), F.S.A., which provides, in part, as follows:
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CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3316
in _ County in -, Florida in accordance with section
45.031, Florida Statutes. 4. Plaintiff shall advance
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CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 9419
“Objection to the Foreclosure Sale Under Florida Statute
45.031,” which set forth as grounds therefor that
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CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 1315, 1985 Fla. App. LEXIS 14350
foreclosure judgment. Appellant misconstrues Section
45.031(1), Florida Statutes (1983), since the provision
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CopyPublished | Florida 3rd District Court of Appeal
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CopyPublished | District Court of Appeal of Florida | 1973 Fla. App. LEXIS 8094
judicial sale was held pursuant to Florida Statutes, §
45.031, F.S.A. When appellant received its Certificate
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CopyPublished | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 6556
the future because of the change in Fla.Stat. §
45.031, F.S.A., as amended by Chapter 71-5, Laws of Florida
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CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134
of city).;..., Florida; in accordance with'section
45.031, Florida Statutes (2013), using the following-method
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CopyPublished | Supreme Court of Florida | 35 Fla. L. Weekly Supp. 712, 2010 Fla. LEXIS 2086, 2010 WL 4977484
(name of city)., Florida, in accordance with section
45.031, Florida Statutes, using the following method
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CopyPublished | Supreme Court of Florida | 1982 Fla. LEXIS 2551
court held that the $25 fee provided for in section
45.031(1), Florida Statutes (1979),1 is the only fee
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CopyPublished | District Court of Appeal of Florida | 1979 Fla. App. LEXIS 14781
redemption beyond the ten day period provided for in Section
45.031(3), Florida Statutes (1977), if the property
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CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12708
errors or irregularities affecting the sale. Section
45.031(7), Florida Statutes; Cf. Winfield v. Second
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CopyPublished | District Court of Appeal of Florida
of an objection to a foreclosure sale under section
45.031(5) must be directed toward conduct that occurred
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 21247
bid. After performing his duties provided in Section
45.031(1), Florida Statutes, the Clerk issued his
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CopyPublished | District Court of Appeal of Florida
appeal on August 3, 2018. Pursuant to section
45.031, Florida Statutes (2018), a foreclosure sale
CopyPublished | District Court of Appeal of Florida
clerk to issue the certificate of title. See §
45.031, Fla. Stat. (2020); Phoenix Holding, LLC v. Martinez
CopyPublished | Florida 5th District Court of Appeal | 2006 Fla. App. LEXIS 17464
provided: “The sale shall be held in accordance with §
45.031 Fla. Stat. (1995), and upon the Clerk filing the
CopyPublished | Florida 4th District Court of Appeal
foreclosure sale. We write to clarify that, under section
45.031, Florida Statutes (2014), a foreclosure sale
CopyPublished | District Court of Appeal of Florida
of an objection to a foreclosure sale under section
45.031(5) must be directed toward conduct that occurred
CopyPublished | Florida 3rd District Court of Appeal | 2014 WL 6465686
for the subject property. Pursuant to section
45.031(5), Florida Statutes (2013), objections to
CopyPublished | District Court of Appeal of Florida
substantial evidence to support it.”). Section
45.031(5), Florida Statues (2019), permits a party
CopyPublished | District Court of Appeal of Florida
[was] not made within the prescribed period.” §
45.031(3), Fla. Stat. (2021). The clerk of courts deducted
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2460, 1985 Fla. App. LEXIS 16625
offer it at public sale in accordance with section
45.031, Florida Statutes (1983). The judgment awarded
CopyPublished | Florida 4th District Court of Appeal
statement in conspicuous type as required by section
45.031(1)(a), Florida Statutes (2012): IF YOU
CopyPublished | District Court of Appeal of Florida
the essential elements of due process”) (citing §
45.031(8), Fla. Stat. (2021)).
CopyAgo (Fla. Att'y Gen. 1990).
Published | Florida Attorney General Reports
publication at the time the sale is conducted. Section
45.031, F.S., provides, in pertinent part, a procedure
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
charges awarded thereunder. AS TO QUESTION 2: Section
45.031, F. S., provides an alternative method of judicial
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5978, 24 Fla. L. Weekly Fed. D 1171
that Countrywide’s motion was timely filed. Section
45.031, Florida Statutes (1997), requires that objections
CopyPublished | District Court of Appeal of Florida
accordance with the provisions of Fla. Stat. §
45.031; (e) direct the Clerk of Court that the
CopyPublished | Florida 4th District Court of Appeal
statement in conspicuous type as required by section
45.031(1)(a), Florida Statutes (2012): IF YOU
CopyPublished | District Court of Appeal of Florida
(citations omitted). As relevant here, section
45.031(8), Florida Statutes, governing post- sale
CopyPublished | District Court of Appeal of Florida
part and parcel of the negotiated terms. See §
45.031(1)(a), Fla. Stat. (2022) (“In the order or final
CopyPublished | Florida 3rd District Court of Appeal
CopyPublished | Florida 3rd District Court of Appeal
occurred on June 21, 2016. In conformity with section
45.031(4) of the Florida Statutes, the clerk, on June
CopyPublished | District Court of Appeal of Florida
occurred on June 21, 2016. In conformity with section
45.031(4) of the Florida Statutes, the clerk, on June
CopyPublished | Florida 4th District Court of Appeal
foreclosure sale. The homeowner argues that under section
45.031(8), Florida Statutes (2024), the trial court
CopyPublished | District Court of Appeal of Florida
motion be treated as an objection to sale. See §
45.031, Fla. Stat. (2021) (authorizing any party to file
CopyAgo (Fla. Att'y Gen. 2001).
Published | Florida Attorney General Reports
proceeds of sale), other than excess proceeds[.]" Section
45.031, Florida Statutes, sets forth specific procedures
CopyPublished | District Court of Appeal of Florida
deficiency judgment]. (Emphasis added). Section
45.031(7)(a), Florida Statutes (2022), provides: “On
CopyPublished | District Court of Appeal of Florida
sales must be raised within 10 days of the sale. §
45.031(8), Fla. Stat. The borrower argues that the stay
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 5146
by payment in full of the total indebtedness. §
45.031, Fla.Stat.; Walters v. Gallman, Fla.App. 1973
CopyPublished | Florida 2nd District Court of Appeal
untimely, we affirm. Under section
45.031(7)(b), Florida Statutes (2015), any person
CopyPublished | Supreme Court of Florida
reports the funds as unclaimed” to conform with section
45.031(1)(a), Florida Statutes (2023). Further
CopyPublished | Supreme Court of Florida
reports the funds as unclaimed” to conform with section
45.031(1)(a), Florida Statutes (2023). Further
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15593
these acts were under the apparent aegis of Section
45.031, Florida Statutes (1975), which relates to
CopyPublished | District Court of Appeal of Florida
disbursement of a surplus after a judicial sale. Section
45.031(7)(d), Florida Statutes (2017), states, "If
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1982 Bankr. LEXIS 5236
of the redemption period provided by state law, §
45.031(3), (4) Fla.Stat. (supp.1982), Royston filed an
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CopyPublished | Florida 3rd District Court of Appeal
certificate of title will also follow as provided by section
45.031(5), Florida Statutes (2016).
CopyPublished | District Court of Appeal of Florida | 1981 Fla. App. LEXIS 20893
ordered in a final judgment of foreclosure, see Section
45.031, Florida Statutes (1979), the second mortgagee
CopyPublished | Florida 6th District Court of Appeal
with certain exceptions, in accordance with section
45.031, Florida Statutes.1 The Final Judgment further
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15332
after having first given notice as required by Section
45.031, Florida Statutes.” At the sale appellants
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CopyPublished | District Court of Appeal of Florida
public auction, pursuant to the provisions of section
45.031, Florida Statutes, and the instant appeal
CopyPublished | District Court of Appeal of Florida
CopyPublished | District Court of Appeal of Florida
the motion “merely recite[d] Florida Statute §
45.031.” Judge Lopane denied the Amended Motion.
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
the publication of the notice of sale under section
45.031(1), Florida Statutes (1993), governed by Florida
CopyAgo (Fla. Att'y Gen. 1997).
Published | Florida Attorney General Reports
words to that effect. . . ." (e.s.) Similarly, section
45.031(1), relating to the sale of real or personal
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 19859
evi*220dence of price paid at foreclosure sale, see section
45.031(7), Florida Statutes (1979); cf. R. K. Cooper
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CopyPublished | Supreme Court of Florida
city) .........., Florida, in accordance with section
45.031, Florida Statutes (2013), using the following
