Florida/Georgia Personal Injury & Workers Compensation

...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....

...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....

...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....

...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....

...claim his estate in foreclosed property after it has been forfeited, at law, by paying the amount of the debt, interest and costs. See Saidi v. Wasko, 687 So.2d 10, 11 (Fla. 5th DCA 1996); CCC Props., Inc. v. Kane, 582 So.2d 159 (Fla. 4th DCA 1991). Section 45.0315, Florida Statutes (1995), governs the right of redemption and provides as follows: 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 o...

...and Loan Ass'n of Miami, 379 So.2d 384, 385 (Fla. 4th DCA 1980). The right of redemption continues to exist until the foreclosure sale has been confirmed by the court, or if no objection, then until the issuance of the certificate of title. See id. Section 45.0315 empowers a court to fix a time in the final judgment, before which the mortgagor must exercise his right of redemption or forfeit that right....

...r filing of clerk's certificate of sale, and thus election was too late since right of redemption had extinguished where final judgment of foreclosure provided that upon filing of certificate of sale, there would be no further right of redemption.). Section 45.0315 is in derogation of common law and should be strictly construed....

...This Court, however, reverses the trial court’s denial of Ms. Verneret’s motion for satisfaction of judgment. Under section 45.0815, Florida Statutes (2004), Foreclosure Advisors was obligated to accept the tendered payment pursuant to the final judgment. Section 45.0315 provides in part: 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 int...

...g to set aside the certificate of redemption and reschedule the foreclosure sale. Id. The trial court granted the motion and Bee Bee appealed. Id. The district court reversed, holding that Bee Bee had properly exercised its right of redemption under section 45.0315, Florida Statutes (1993)....

...1st DCA 2003)) (“Upon obtaining a judgment of foreclosure, the mortgagee is ‘entitled to have the property sold and the proceeds applied against the foreclosure judgment.’ ”). Only the mortgaged property owner or the holder of subordinate interests in the property have the right to redeem the property prior to sale. § 45.0315, Fla....

...at the time that the certificate of sale is filed by the clerk of the state court." In re Jaar, 186 B.R. 148, 154 (Bankr.M.D.Fla.1995). Additionally, a mortgagor's right of redemption terminates with the filing of the certificate of sale. Fla. Stat. § 45.0315; Jaar, 186 B.R....

...Nor did GMAC attempt to avail itself of the procedure contained in Florida Rule of Appellate Procedure 9.200(b)(4), which governs the preparation of a statement of proceedings when no transcript of the proceeding is available. GMAC points us to its mortgage documents and section 45.0315 of the Florida Statute (2014), which require that a redeeming party must “tender the performance due under the security agreement” where, as here, “no judgment, order or decree of foreclosure has been entered.” Howeve...

...Motion to Redeem First Mortgage and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon ORDERED AND ADJUDGED that said Motion be, and the same is hereby The motion is granted. L&L Super Investment, Inc., pursuant to Sec. 45.0315, Fl Stat., shall tender to the plaintiff, on or before May 22, 2014, the sum of $1,372,882.39, which upon tender shall constitute redemption of the mortgage recorded in Miami-Dade County, Florida, Official Records Book 21894...

...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 45.0315—time of filing the certificate of sale by the clerk of the court—was not applicable here....

...and costs." Saidi v. Wasko, 687 So.2d 10, 11 (Fla. 5th DCA 1996)(citing CCC Properties, Inc. v. Kane, 582 So.2d 159 (Fla. 4th DCA 1991)). The legislature, however, has seen fit to limit the time within which the right of redemption may be exercised. Section 45.0315, Florida Statutes (1999), provides that a mortgagor may exercise his or her right of redemption "[a]t 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......

...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....

...irmation 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....

...(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...

...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...

...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....

...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...

..., 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....

...at 930. The Court also held that the interests of justice did not require intervention because the purchaser could protect its interest in the property 6 by exercising its statutory right of redemption under section 45.0315, Florida Statutes....

...a subordinate interest to cure the indebtedness and prevent a foreclosure sale up until the time of the filing of a certificate of sale by the clerk of the court” or the time specified in the foreclosure judgment.3 De Sousa, 170 So. 3d at 931; § 45.0315, Fla....

...1st DCA 1987) (explaining that a lis pendens “serves to protect the interests of a lien claimant against a subsequent bona fide purchaser by giving constructive notice of the claim of lien where actual notice has not been 3 Of significance to this appeal, section 45.0315 provides that [a]t 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...

...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....

...The summary judgment of foreclosure is therefore a final adjudication of the foreclosure action between Metropolitan (now Wilshire) and the debtor. No sale of the debtor's real property has yet occurred. The debtor therefore retains his right of redemption pursuant to Section 45.0315, Florida Statutes. Section 45.0315 provides that the "mortgagor ....

...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....

...The trial court granted the motion, set aside the certificate of redemption, and rescheduled the foreclosure sale. Bee Bee appealed. See id. at 84. The second district reversed, holding that Bee Bee had properly exercised its right of redemption under section 45.0315, Florida Statutes (1993), which provided that at any time before the filing of a certificate of sale by the clerk, the mortgagor ......

...The effect of Bee Bee is that where a final foreclosure judgment reserves jurisdiction to assess attorney's fees, a defendant seeking to exercise the right of redemption need not tender an amount for attorney's fees in order to be entitled to redemption. In a lien foreclosure action, section 45.0315 is made applicable by section 713.26, Florida Statutes (1999)....

...e bank's lis pendens had been filed. Id. at 930. The court also held that the interests of justice did not require intervention because the purchaser could protect its interest in the property by exercising its statutory right of redemption under section 45.0315, Florida Statutes (2013)....

...Accordingly, Whitburn does not have standing to object to the sale or intervene in Wells Fargo's foreclosure proceeding. Finally, we conclude that Whitburn's assertion that Wells Fargo thwarted Whitburn's redemption rights by failing to provide an estoppel letter is without merit. Whitburn ignores section 45.0315, Florida Statutes (2014), which addresses the right of redemption....

...paying the amount of moneys specified in the judgment, order, or decree of foreclosure." Id.; see also De Sousa, 170 So. 3d at 931 (noting that third-party purchaser could protect its interest in the property by exercising its statutory right of redemption under section 45.0315). Affirmed. SILBERMAN and CRENSHAW, JJ., Concur. -8- 

...The funds paid by MPI at the foreclosure sale were disbursed to the *828 lenders on the various mortgages. When VOSR attempted to exercise the equity of redemption, it tendered the proper amount, but the clerk of the court refused to accept it. Our redemption statute, section 45.0315, Florida Statutes (1999), requires the tender to include the "reasonable expense of proceeding to foreclosure" and we stated in the prior appeal that payment of the "debt, interest and costs" is necessary to exercise the right of redemption....

...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....

...at 752. Lastly, the intervenors in Wags were granted the opportunity to intervene because of a lack of alternative procedures to protect their residential property interest. Id. Appellant in the instant case had the ability to exercise its statutory right of redemption. See § 45.0315, Fla. Stat....

...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....

...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 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....

superseded Strasser in 1993 by enacting section 45.0315, which codified the right of redemption and

...The Burnses, as lessees of the property, could only redeem the property under or through Walther's rights as mortgagor. They had no independent right to redemption. Quinn Plumbing Co. v. New Miami Shores Corp., 100 Fla. 413, 129 So. 690 (Fla.1930). Under section 45.0315, Florida Statutes (1995), "the mortgagor or the holder of any subordinate interest" may redeem the property anytime before issuance of a certificate of title following the foreclosure sale....

...When they failed to make the payment within the time permitted, the sale was held as rescheduled, and Bankamerica purchased the property and received title. Issuance of the certificate of title precluded any further exercise of the mortgagee's redemption right. § 45.0315, Fla. Stat. (1995). AFFIRMED. DAUKSCH, J., concurs. W. SHARP, J., dissents, with opinion. W. SHARP, Judge, dissenting. I agree that the Burnses had no independent right of redemption, although they could have done so. § 45.0315, Fla....

mortgage. Mr. Shelton does not address section 45.0315, titled “Right of redemption,” or this court’s

...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....

...While they claim that their redemption rights were thwarted by the ap-pellee’s failure to credit post-judgment rentals to the amount due or to require the payment of the amount of attorney’s fees, we disagree. The right of redemption is controlled by section 45.0315, Florida Statutes, which is exclusive: 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 o...

...2d DCA 1982); Credithrift, Inc. v. Knowles, 556 So.2d 775, 777 (Fla. 1st DCA 1990); Islamorada Bank v. Rodriguez, 452 So.2d 61, 63 (Fla. 3d DCA 1984); Glendale Fed. Sav. & Loan Ass’n v. Guadagnino, 434 So.2d 54, 54 (Fla. 4th DCA 1983). In 1993, the legislature enacted section 45.0315, Florida Statutes, which lengthened the time for redemption by a junior mortgagee to “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...

...losure. Nelson, supra, *984 § 7.15, at 573-74. Foreclosure by the junior mortgagee with a resulting sale is subject to the first mortgage, which is revived. The purchaser will take the property subject to the first mortgage. Id. at 574. Pursuant to section 45.0315, the omitted junior mortgagee cannot independently exercise the right to redeem in the original foreclosure action after the certificate of sale has been filed....

...Wells Fargo Bank , N.A. , 237 So.3d 389 (Fla. 4th DCA 2018). Appellant was not denied his right of redemption because the right of redemption exists only until the issuance of the certificate of sale, which took place, and certificate of title issued. See § 45.0315, Fla....

...MORTGAGE THIS CAUSE came on before the Court for hearing on March 10, 2014, upon Credo LLC’s Motion to Redeem Mortgage, and the Court having reviewed the Motion, the Verified Complaint, argument of counsel, Fl. Stat. 45.0315, and being otherwise fully advised in the premises therein, it is hereby, ORDERED and ADJUDGED: That the Motion is GRANTED. Pursuant to Section 45.0315, Florida Statute, the Defendant may tender to the Plaintiff, on or before May 1, 2014, the total sum of $3,347,233.21, which upon tender shall constitute redemption of the mortgage in Miami-Dade County, Florida, Offi...

...9 that the motion was untimely; that Wells Fargo failed to demonstrate excusable neglect; that Wells Fargo failed to comply with rule 1.5303; that damages were liquidated; that Wells Fargo did not appeal because damages were liquidated; and that section 45.0315 does not require a trial to redeem a mortgage....

...Since this matter was set on the trial court’s five-minute motion calendar where no evidence is entertained, no court reporter was present. Neither party suggests that any evidence was adduced at that hearing to support liquidating all of the sums due to Wells Fargo under section 45.0315 of the Florida statutes governing redemptions. See § 45.0315, Fla....

...This is baseless. The fact that the amount of principal alleged to be due in the complaint ($3,331,190.81) at the time the action was filed was more than the face amount of the loan stated in the note and mortgage ($3,000,000), does not establish the amounts that had to be paid to Wells Fargo under section 45.0315 to redeem—that 4 Section 45.0315 provides: Right of redemption ....

...amounts due because of the exercise of a right to accelerate, plus the reasonable expenses 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. §45.0315, Fla....

...the time of tender, including reasonable attorney’s fees.” Id.5 And, Wells Fargo’s section 28.241 unsworn estimate of value filing does nothing to cure this evidentiary deficiency so as to obviate the necessity for an evidentiary hearing and evidence as to the amounts due under section 45.0315 to redeem. Section 28.241 (which is included in that part of the Florida Statutes governing the clerks of Florida’s circuit courts) sets a sliding scale for the payment of circuit court filing fees pegged to the amount in controversy....

...Neither it, nor the verified complaint, 15 whether considered alone or together, constitute evidence of, or otherwise establish, the total amount that Credo was obligated to pay to redeem as expressly required by section 45.0315. We therefore find the amounts due to Wells Fargo under section 45.0315 were not liquidated when the motion to redeem was filed, at the time that motion was heard, or at any subsequent time....

...Anglin, 721 So. 2d 781, 783 (Fla. 1st DCA 1998) (quoting Bowman, 432 So. 2d at 662)). Indeed, the only evidence of record in this case with regard to the precise amounts due for those costs and expenses incurred by Wells Fargo, which must be paid under section 45.0315, come from the affidavit filed by Wells Fargo in support of its motion for reconsideration of the March 10 order....

...moved to redeem, the burden fell on Credo as the moving party to set or to have set an evidentiary hearing on its motion to redeem and to adduce evidence or to spread a stipulation on the record to prove the amounts that it was obligated to pay under section 45.0315 to redeem. Otherwise, and as section 45.0315 expressly states, “there [wa]s no right of redemption.” We therefore reverse the final order dismissing the instant foreclosure action, vacate the March 10 redemption order, and remand for an evidentiary hearing to determine the amount that must be paid to redeem this mortgage....

...and costs. The trial court granted Strategic's motion, holding that Bee Bee and Feldman did not properly exercise their right of redemption. The trial court set aside the clerk's certificate of redemption and rescheduled the foreclosure sale. Under section 45.0315, Florida Statutes (1993), a mortgagor may exercise redemption *85 rights at any time before the clerk's filing of a certificate of sale "by paying the amount of moneys specified in the judgment, order, or decree of foreclosure." Alter...

...148, 154 (Bankr. M.D. Fla. 1995), and Shlishey the Best, Inc. v. CitiFinancial Equity Services, Inc., 14 So.3d 1271, 1275 (Fla. 2d DCA 2009)—are inapplicable here because they both concern a mortgagor’s right of redemption, which is governed by section 45.0315, not section 45.031....

...it instead of [NLG].” 4  USCA11 Case: 19-14049 Date Filed: 09/01/2021 Page: 5 of 20 court also ruled that Hazan was entitled to a right of redemption pursuant to Fla. Stat. § 45.0315 -- that is, she could avert the sale before it took place by paying the $4.8 million judgment amount to NLG. In sum, the Scola Judgment awarded NLG approximately $1.6 million for breach of the Note....

...1.530(g); Harbor Bay Condos., Inc. v. Basabe, 856 So.2d 1067 (Fla. 3d DCA 2003). In addition, the trial court was without authority to extend the period of redemption. Here, it is undisputed that the Tenants’ right of redemption expired upon filing of the certificate of sale. § 45.0315, Fla....

...448, 114 So. 232 (1927) (object of appointing receiver in mortgage foreclosure is to preserve security and to collect and apply rents and profits to debt); Alafaya Square Ass'n Ltd. v. Great Western Bank, 700 So.2d 38 (Fla. 5th DCA 1997) (same). [10] See § 45.0315 Fla....

certificate of sale was filed on 8 July 2005. Section 45.0315, Florida Statutes (1995), provided: At any

...As the mortgagor, Beauchamp has a right of redemption wherein he may prevent divestiture of his legal title upon payment of the amount of the debt specified in the judgment. CCC 2 Props., Inc. v. Kane, 582 So. 2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla....

...further proceedings to determine the amount of the debt owed where testimony from Fannie Mae’s representative regarding the amount of the debt was inadmissible hearsay because the representative testified about business records that were not submitted into evidence).2 1 Section 45.0315 provides that: 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 hold...

...rcise of a right to accelerate, plus the reasonable expenses 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. § 45.0315, Fla....

...On October 3, 2002, the Basabes requested a redemption figure as to Harbor Bay, which the clerk of circuit court gave as $26,929.70, the total amount recited in the final judgment. Basabe paid the sum requested by the clerk and, pursuant to Florida Statute 45.0315, 1 timely redeemed *1069 the property....

...*1069 due because of the exercise of a right to accelerate, plus the reasonable expenses 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. § 45.0315, Fla....

Laws of Fla., effective Oct. 1, 1993, creates section 45.0315, which provides, in part, that "the mortgagor

...for bankruptcy, is without merit. Because she did not file her bankruptcy petition until after issuance of the certificate of sale of the property, her right of redemption had terminated and her interest in the property was already extinguished. See § 45.0315, Fla....

...Historically, the right of redemption did not extend beyond the sale date. Parker v. Dacres, 130 U.S. 43, 47 (1889). Thus, “[i]t is clear that the right to redeem after sale, wherever it exists, is statutory.” Id. at 48. In Florida, the right of redemption is codified within section 45.0315, Florida Statutes....

...subordinate interest may cure the mortgagor’s indebtedness and prevent a foreclosure sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure . . . . Otherwise, there is no right of redemption. § 45.0315, Fla....

...certificate of sale.” Indian River Farms v. YBF Partners, 777 So. 2d 1096, 1099 (Fla. 4th DCA 2001). In the instant case, the judgment provided that “[o]n filing the Certificate of Sale, [the mortgagor’s] right of redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated.” The certificate of sale was filed on March 5, 2020, and, despite having notice of the previously released funds, there has been no showing the mortgagor attempted to satisfy the mortgage prior to that date o...

...self-executing. 72 Am. Jur. 2d State and Local Taxation § 889. It is equally true, however, that the right must be timely claimed by tendering the amount due and owing within the statutorily prescribed period, or “there is no right of redemption.” § 45.0315, Fla....

...In that case, a final judgment of foreclosure was entered for $125,000 plus interest in favor of Strategic Consulting; the trial court reserved jurisdiction to award attorney’s fees and costs. Id. After Bee Bee Medical Center paid the clerk of court $125,000 plus interest to exercise its redemption rights under section 45.0315, Florida Statutes (1993), 1 the trial court stayed the issuance of the satisfaction because the amount paid did not include attorney’s fees *473 and costs....

...The court noted that the mortgagors should not be prevented from exercising their redemption rights due to the mortgagee’s failure to include fees and costs in the final judgment. The instant case does not involve a mortgagor’s right of redemption under section 45.0315....

...le and title in favor of Synergy Investment Group. We hereby reverse the trial court’s order and remand this case to the trial court for further proceedings in accordance with this opinion. Reversed and Remanded. TAYLOR and HAZOURI, JJ., concur. . Section 45.0315 provides "[a]t 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 ......

...Given the valuation of the subject property, 2 the trial court in its summary judgment order found that it would be inequitable to enforce the Agreement’s redemption-waiver provision. The trial court’s foreclosure judgment explicitly preserves 9775 Dixie’s statutory redemption right under section 45.0315 of the Florida Statutes....

...may cure the mortgagor's indebtedness and prevent a foreclosure sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure . . . . Otherwise, there is no right of redemption. § 45.0315, Fla....

balance”); redemption (which, pursuant to section 45.0315, Florida Statutes (2019) requires the mortgagor

...affirmative defense that had to be pled). Notably, although we hold that the Heirs lack standing to challenge liability in this case, they do have standing to challenge the amount due under the note, because it affects their substantive right of redemption under section 45.0315, Florida Statutes (2016)....

...4th DCA 2014): Beauchamp has a right of redemption wherein he may prevent divestiture of his legal title upon payment of the amount of the debt specified in the judgment. CCC Props., Inc. v. Kane, 582 So. 2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla....

interest in the property; therefore under section 45.0315, Florida Statutes (2016), they have a right

... The lender responds that: 1) Florida law provides for attorney’s fees to be included in a judgment for purposes of redemption; 2) the satisfaction of judgment was erroneous because it was entered pursuant to the wrong Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter an amended final judgment for additional attorney’s fees; and 4) the borrower’s argument is moot because we previously deemed the amended final judgment “to be proper.” We review a trial court’s amendment of a final judgment for an abuse of discretion....

...error because the borrower exercised the statutory right to redemption before the lender moved for post-judgment appellate attorney’s fees and costs and to amend the final judgment. The lender responds that the trial court correctly amended the final judgment because: 1) section 45.0315, Florida Statutes, provides for attorneys’ fees to be included in a judgment subject to redemption; and 2) our order denying the lender’s petition for writ of certiorari and prohibition indicated the amended final judgment was properly entered. 5 Here, the borrower properly redeemed the property under Florida law. Section 45.0315 (2015), Florida Statutes, provides: Right of redemption....

... incurred to the time of tender, including reasonable attorney’s fees of the creditor. Otherwise, there is no right of redemption. The lender argues this language provides for the inclusion of reasonable attorney’s fees “incurred to the time of tender.” § 45.0315, Fla....

...purchaser has "standing" to contest the amount due because the computation of the amount due bears directly on its right of redemption—i.e., its right to cure the mortgagor's indebtedness by paying everything that is due. See Clay Cty. Land Tr., 152 So. 3d at 85; see also § 45.0315, Fla....

...Winter Park Bldg. & Loan Ass'n, 162 So. 899, 903 (Fla. 1935) (quoting Ala.-Fla. Co. v. Mays, 149 So. 61, 64 (Fla. 1933)). And the titleholder has the right to either pay the mortgage debt or redeem the property rather than lose it to foreclosure. See § 45.0315, Fla....

...4th DCA 2012), is controlling. The lender responds that: 1) Florida law provides for attorney’s fees to be included in a judgment for purposes of redemption; 2) the satisfaction of judgment was erroneous because it was entered pursuant to the wrong Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter amended final judgments for additional attorney’s fees; and 4) the borrower’s argument is moot because we previously deemed the amended final judgment “to be proper.” We review a trial court’s amendment of a final judgment for an abuse of discretion....

...of court.” Indian River Farms, 777 So. 2d at 1099; see also Kane, 582 So. 2d at 161. Popescu v. Laguna Master Ass’n., Inc., 184 So. 3d 1196, 1199–200 (Fla. 4th DCA 2016). Here, the borrower redeemed the property under Florida law. Section 45.0315 (2015), Florida Statutes, provides: Right of redemption....

...The borrower argues the trial court erred in vacating the satisfaction of judgment. The lender responds the trial court correctly vacated the satisfaction of judgment because the clerk erred in issuing the satisfaction under section 55.141, Florida Statutes, instead of issuing a certificate of redemption under section 45.0315....

...Wells Fargo Bank, N.A., 237 So. 3d 389 (Fla. 4th DCA 2018). Appellant was not denied his right of redemption because the right of redemption exists only until the issuance of the certificate of sale, which took place, and certificate of title issued. See § 45.0315, Fla....

...pinion. On remand Mr. Tolar may amend his pleading to claim any sums then due under the contract, and Mr. Harrington may appropriately amend his answer. Any judgment shall be subject to the contract terms and Mr. Harrington’s right to redeem under section 45.0315, Florida Statutes (2014)....

...fact that the homeowner (and not FST) was the party who exercised the right of redemption. 2 The record is unclear as to the identity of the trial judge who denied the motion for rehearing. 3 471, 472 (Fla. 2d DCA 2015). Section 45.0315, Florida Statutes (2013), provides for a mortgagor’s right of redemption: 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 ....

Judgment of Foreclosure and in compliance with section 45.0315, Florida Statutes (2016). We agree.

...See, e.g., Francois v. Library Square Ass’n, Inc., 250 So. 3d 1 We note that the appellant did not have to obtain court approval to exercise a right of redemption, as that right is available to “the mortgagor or the holder of any subordinate interest.” § 45.0315, Fla....

...Edwards' motion did not confirm a sale of the foreclosed property. For reasons that are unclear from the record, [1] no sale ever took place. Nor did Ms. Edwards exercise her right to redeem the property at "any time before the filing of a certificate of sale by the clerk of the court," § 45.0315, Fla....

...In contrast, execution sales, undertaken pursuant to sections 56.21 through 56.25, Florida Statutes (2002), obviously require a prior levy on the property sought to be sold. Other differences in the two procedures are set out in the following chart. *1163 Judicial Sale (§§ 45.031—45.0315) Execution Sale (§§ 56.21—56.29) • Conducted by clerk by order of the court....

...certificate of disbursements. § 45.031(7)(a). “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.” § 45.031(7)(d). The relevant dates which provide the backdrop for this case are straightforward....

...Stat., ten days after the day of the sale, upon no objections being filed thereto and issuance of the certificate of title.” Id. at 202–03 (quoting Allstate Mortg. Corp. of Fla. v. Strasser, 277 So. 2d 843, 845 (Fla. 3d DCA 1973)). In 1993, the legislature enacted Florida Statutes section 45.0315, codifying the mortgagor’s right of redemption and specifying that the mortgagor may cure the indebtedness and prevent a foreclosure sale 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.” § 45.0315, Fla. Stat. (2014). The Third District observed 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.” Emanuel v. Bankers Trust Co., 655 So. 2d 247, 250 (Fla. 3d DCA 1995) (emphasis added). We recognize that Strasser has been superseded in part by the enactment of section 45.0315. However, in section 45.0315, the legislature simply created a specific window for exercising the right of redemption between the judgment and either the time specified in the judgment or the filing of a “certificate of sale” by the clerk of court....

...est Bro-ward/Marina may have had in Binks. The case went to trial; the trial court ruled for Peninsula. In a detailed order, the trial court focused on the effect of the satisfaction, by the payoff of the note, on Broward/Marina’s right to redeem. Section 45.0315, Florida Statutes, codified the common law right of redemption in foreclosure proceedings....

...Wasko, 687 So.2d 10, 11 (Fla. 5th DCA 1996)). The statute provides for redemption “[a]t 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.” § 45.0315, Fla....

...148, 154 (Bankr. M.D. Fla. 1995), and Shlishey the Best, Inc. v. CitiFinancial Equity Services, Inc., 14 So. 3d 1271, 1275 (Fla. 2d DCA 2009)—are inapplicable here because they both concern a mortgagor's right of redemption, which is governed by section 45.0315, not section 45.031. Affirmed. LaROSE and BADALAMENTI, JJ., Concur. -4- 

...Arguing that Appellant had no legal or equitable interest in the Property, Appellee moved for final summary judgment. At the hearing on Appellee’s motion, Appellant argued that its interest in the Property was not extinguished because the foreclosure sale had not taken place. In support of its position, Appellant cited section 45.0315, Fla....

...During the foreclosure process, the mortgagor retains a right of redemption. The right of redemption is a common law and statutory right incident to every mortgage. Quinn Plumbing Co. v. New Miami Shores Corp., 100 Fla. 413 , 129 So. 690, 692 (1930); § 45.0315, Fla. Stat. (2005). 2 The right of redemption may be exercised by the “mortgagor or the holder of any subordinate interest,” including lessees. § 45.0315, Fla....

...TRAVIS, AND BRAD REDLEIN, FLORIDA REAL PROPERTY LITIGATION § 5.47 (4th ed.2005). The right to redeem the property terminates when the certificate of sale is filed by the clerk or at the time specified in the foreclosure judgment, whichever is later. § 45.0315, Fla....

...e subject to all risks as to defects and incumbrances [sic].' ” Florida E. Coast Ry. v. Patterson, 593 So.2d 575, 577 (Fla. 3d DCA 1992) (quoting St. Clair v. City Bank & Trust Co., 175 So.2d 791, 792 (Fla. 2d DCA 1965)) (citations omitted). . Section 45.0315, Florida Statutes (2005) 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 an...

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shallmust be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal -6- Protecting Tenants at Foreclosure Act, 12 U.S.C § 52...

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shallmust be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C....

...The Committee requests that the Court correct a scrivener’s error in form 1.996(b) (Final Judgment of Foreclosure for Reestablishment of Lost Note). The original submission by the Committee incorrectly cited to section 45.031, Florida Statutes. We amend the form to instead cite to section 45.0315, Florida Statutes. -6- Florida; John F....

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shallmust be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal -6- Protecting Tenants at Foreclosure Act, 12 U.S.C § 52...

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shallmust be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except as to the rights of a bona fide tenant occupying residential premises under the federal Protecting Tenants at Foreclosure Act, 12 U.S.C....

...able 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, interests and costs.” Indian River Farms v. YBF Partners, 777 So. 2d 1096, 1099 (Fla. 4th DCA 2001). Section 45.0315, Florida Statutes, governs the right of redemption and 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...

...at 1142 (holding that the owner was not entitled to have the foreclosure sale set aside on the basis of his purported tender of payment to the association because that payment was made a month after the certificate of sale was filed). Here, in accordance with section 45.0315, Florida Statutes, the final judgment provided that the property owner’s right of redemption in the property was extinguished upon the filing of the certificate of sale....

PER CURIAM. Affirmed. § 45.0315, Fla.Stat....

...Andrea Davidson pursuant to the Lis Pendens recorded on December 18, 2020 Filing No. 118491181 or claims under chapter 718 or 720 Florida Statutes, if any. On filing of the Certificate of Sale, defendant's right of redemption as provided by section 45.0315, Florida Statutes shall be terminated. At this point, the two proceedings began to converge....

...Instrument No. 2021644105 of the Official Records of Hillsborough County, Florida, or claims under chapter 718 or 720 Florida States, if any. On filing of the Certificate of Sale, defendant's right of redemption as provided by section 45.0315, Florida Statutes shall be terminated. (Emphasis in original.) Nobody filed any motion in the foreclosure case seeking to correct, amend, modify, or otherwise alter Judge Barbas's January 31, 2022, amended final judgment....

...On filing of the Certificate of Sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the Notice of Lis Pendens shall be foreclosed of all estate or claim in the property. On filing of the Certificate of Sale, defendant's right of redemption as provided by section 45.0315, Florida Statutes shall be terminated. Davidson filed an appeal from this second amended final judgment, which ultimately was dismissed for lack of prosecution....

...That judgment accorded Edelsberg the right of redemption but expressly limited that right until the filing of a certificate of sale: 7. Right of Redemption. Upon filing of the Certificate of Sale, Defendant’s right of redemption as prescribed by Florida Statutes, Section 45.0315 shall be terminated....

...And, because the final judgment issued below stated that Edelsberg’s right *1142 of redemption terminated upon filing of a certificate of sale, by the time Edelsberg filed his objection, his right to redeem simply by tendering payment had already passed. See § 45.0315, Fla....

...ntered in favor of the plaintiff. Although the court adopted that recommendation, it failed to enter a final judgment. Because the judicial labor required to enter a final judgment of foreclosure has yet to be concluded, the appeal is premature. Cf. § 45.0315, Fla....

the issuance of the certificate of sale. See section 45.0315, Florida Statutes (1993). Whether this was

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....

...Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts to order sale by electronic means. - 24 -  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....

...without making any factual findings, that "[i]t would be inequitable to allow Bankers to be equitably subrogated to the extent it would permit foreclosure of the Royals Parcel." Bankers was permitted to redeem the Pennymac mortgage under section 45.0315; however, the trial court ruled that Bankers "shall not be permitted to pursue a foreclosure claim against the Royals Parcel." Thereafter, Bankers redeemed the Pennymac mortgage and moved for final judgment of foreclosure. The trial court's summary final judgment made a finding that Bankers held a lien superior to all defendants on the mortgaged property as limited by the trial court's redemption order. Section 45.0315, Florida Statutes, 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 forecl...

...without making any factual findings, that "[i]t would be inequitable to allow Bankers to be equitably subrogated to the extent it would permit foreclosure of the Royals Parcel." Bankers was permitted to redeem the Pennymac mortgage under section 45.0315; however, the trial court ruled that Bankers "shall not be permitted to pursue a foreclosure claim against the Royals Parcel." Thereafter, Bankers redeemed the Pennymac mortgage and moved for final judgment of foreclosure. The trial court's summary final judgment made a finding that Bankers held a lien superior to all defendants on the mortgaged property as limited by the trial court's redemption order. Section 45.0315, Florida Statutes, 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 forecl...

..., a debtor loses the right to restructure a mortgage after a foreclosure sale has taken place and a certificate of sale has issued. See In re Jaar, 186 B.R. 148, 154 (Bankr.M.D.Fla.1995); In re Reid, 200 B.R. 265, 267 (Bank.S.D.Fla.1996); Fla. Stat. § 45.0315 ....

...Finally, there is a window of opportunity during which junior lienholders may redeem the newly adjudged senior interests in order to protect themselves. Plaintiffs request that the Court eliminate the third *324 step of the foreclosure process. Such a holding directly contradicts the plain language of Florida Statutes § 45.0315....

...t. Under Florida law, a junior mortgagee maintains a right to redeem its interest in mortgaged property being foreclosed by a senior mortgagee up until the issuance of a certificate of sale to a judicial sale purchaser by the clerk of the court. See § 45.0315 Fla. Stat. (West 2000). The existence of this right of redemption logically demands the concurring existence of the interest itself. Therefore, § 45.0315 stands for the proposition that a junior mortgage is not extinguished by the entry of a foreclosure judgment but survives until the completion of the judicial sale. Florida case law supports this interpretation of § 45.0315....

...The Court will not allow Plaintiffs to assert that the Summary Judgment of Foreclosure extinguishes junior mortgages when the face of the Judgment says exactly the opposite. The terms of a judgment of foreclosure may modify or reinforce the provisions in § 45.0315 relating to the extinguishing of junior liens....

...discharge action). This Court concludes that if the Florida legislature intended to establish entry of judgment as the moment of the eradication of junior interests in the event of foreclosure, then the legislature would not have passed the revised § 45.0315 in 1993, 26 years after § 713.21 was enacted....

...osure practice. As noted above, there are three stages to a foreclosure action. First, the state court determines the validity of liens claimed by plaintiffs. Second, the state court determines the extent (amount) and priority of those liens. Third, § 45.0315 freezes the action to allow plaintiffs to redeem their liens and to move up the priority ladder in order to protect their interests. Section 45.0315 provides that this redemption period is terminated by the issuance of a certificate of sale to the foreclosure sale purchaser or by some other event specified in the judgment....

...Neely, Jr. and Victoria E. Neely, on their objection to claim #2 of Defendant, Firstplus Financial. Plaintiffs’ objection to Defendant’s claim is hereby overruled. . The language of the Summary Judgment of Foreclosure differs from the language of § 45.0315 in that it provides that junior interests are extinguished at the filing of a new certificate of title rather than at the certificate's issuance. This discrepancy is due to the fact that the judgment form promulgated by the Florida Supreme Court has not been updated since § 45.0315 was amended in 1993....

exercise its statutory right of redemption (section 45.0315, Florida Statutes (2016)). 1 The

...While the foreclosure was pending, Credo contracted to sell the Property to appellee buyer, Speyside Investments Corp. (“Speyside”). 2  On February 26, 2014, just prior to the closing, Credo filed a motion to redeem the mortgage purportedly pursuant to section 45.0315, Florida Statutes, and set it for hearing on a five minute motion calendar on March 10, 2014....

...Wells Fargo appealed both orders to this Court, which were consolidated in Wells Fargo Bank, N.A. v. Sawh (Credo I), 194 So. 3d 475 (Fla. 3d DCA 2016). In Credo I, this Court found in favor of Wells Fargo, stating that “the amounts due to Wells Fargo under section 45.0315 were not liquidated when the motion to redeem was filed, at the time that motion was heard, or at any subsequent time.” 194 So....

...In so finding, this Court held that “because Wells Fargo’s damages were not liquidated, the burden fell on Credo to have set an evidentiary hearing on its motion to redeem and to adduce evidence or to spread a stipulation on the record to prove the amounts that it was obligated to pay under section 45.0315 to redeem.” Id....

redeem its property by paying those amounts. Section 45.0315, Florida Statutes (1997), grants to the mortgagor

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....

...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....

...On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any....

PER CURIAM. Affirmed. See § 45.0315, Fla....