Florida Statute 45.0315 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

View Entire Chapter

F.S. 45.0315

45.0315 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, order, or decree of foreclosure, the mortgagor or the holder of any 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, or if no judgment, order, or decree of foreclosure has been rendered, by tendering the performance due under the security agreement, including any 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.

History.—s. 2, ch. 93-250.

F.S. 45.0315 on Google Scholar

F.S. 45.0315 on Casetext

Amendments to 45.0315

Arrestable Offenses / Crimes under Fla. Stat. 45.0315

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.0315.

Annotations, Discussions, Cases:

Cases Citing Statute 45.0315

Total Results: 20

Safe Harbor Equity Distressed Debt Fund 3, L.P. v. 9775 Dixie LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-15T00:00:00-07:00

Snippet: Dixie’s statutory redemption right under section 45.0315 of the Florida Statutes. 3 Neither party… there is no right of redemption. § 45.0315, Fla. Stat. (2023). 4 “On appeal from an order

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Court: Fla. | Date Filed: 2024-01-18T00:00:00-08:00

Snippet: s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except…s right of redemption as prescribed by section 45.0315, Florida Statutes, shallmust be terminated, except

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Court: Fla. | Date Filed: 2024-01-11T00:00:00-08:00

2275 NE 120 STREET, LLC v. SANCHEZ STRUVE BUSINESS ADVISORS, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-11-09T23:53:00-08:00

Snippet: right of redemption is codified within section 45.0315, Florida Statutes. The statute provides, in pertinent…Otherwise, there is no right of redemption. § 45.0315, Fla. Stat. In interpreting the reach of the statute…redemption as proscribed by Florida Statutes, Section 45.0315 shall be terminated.” The certificate of sale was…period, or “there is no right of redemption.” § 45.0315, Fla. Stat. Here, the mortgagor neither

ORQUIDEA CASTELLANOS v. REVERSE MORTGAGE FUNDING LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-12T00:53:00-07:00

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

ANGELA L. DAWSON and ANGELA L. DAWSON, P.A. v. ANTONIO HERNANDEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2020-06-24T00:53:00-07:00

Snippet: Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter amended…redeemed the property under Florida law. Section 45.0315 (2015), Florida Statutes, provides: Right…issuing a certificate of redemption under section 45.0315. On this issue, we agree with the lender. Section

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Court: Fla. | Date Filed: 2020-04-16T00:53:00-07:00

Snippet: s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except…compliance with chapters 718 and 720 and section 45.0315, Florida Statutes, and to better align the form…s right of redemption as prescribed by section 45.0315, Florida Statutes (2013) shall be terminated, except

ANGELA L. DAWSON and ANGELA L. DAWSON, P.A. v. ANTONIO HERNANDEZ

Court: Fla. Dist. Ct. App. | Date Filed: 2020-03-11T00:53:00-07:00

Snippet: Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter an …amended the final judgment because: 1) section 45.0315, Florida Statutes, provides for attorneys’ fees…redeemed the property under Florida law. Section 45.0315 (2015), Florida Statutes, provides: Right…attorney’s fees “incurred to the time of tender.” § 45.0315, Fla. Stat. The lender’s interpretation is correct

GREEN EMERALD HOMES, L L C v. 21ST MORTGAGE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2019-06-07T00:53:00-07:00

Snippet: Clay Cty. Land Tr., 152 So. 3d at 85; see also § 45.0315, Fla. Stat. (2014); Beauchamp v. Bank of N.Y., …property rather than lose it to foreclosure. See § 45.0315, Fla. Stat. (2017) ("At any time before the

2017 BELL RANCH RESIDENTIAL LAND TRUST v. CAROL BURRILL AND WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-31T23:53:00-08:00

Snippet: distributed as provided in this section and ss. 45.0315-45.035." Section 45.032(2) in turn provides

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville

Court: Fla. | Date Filed: 2018-09-06T00:00:00-07:00

Citation: 252 So. 3d 1120

Snippet: distributed as provided in this section [45.031] and ss. 45.0315-45.035." § 45.031(7)(d), Fla. Stat. Section… Strasser in 1993 by enacting section 45.0315, which codified the right of redemption and provided…quot; *1126 Id. (quoting § 45.0315, Fla. Stat. (2014) ). But Straub concluded…; and that nothing in the enactment of section 45.0315 suggested that the Legislature "intended to…distributed as provided in this section [45.031] and ss. 45.0315-45.035." 4 The newly created statutory

Credo LLC v. Speyside Investments Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-15T00:53:00-07:00

Snippet: redeem the mortgage purportedly pursuant to section 45.0315, Florida Statutes, and set it for hearing on a…“the amounts due to Wells Fargo under section 45.0315 were not liquidated when the motion to redeem …amounts that it was obligated to pay under section 45.0315 to redeem.” Id. at 483. Accordingly, we

Bankers Lending v. Jacobson

Court: Fla. Dist. Ct. App. | Date Filed: 2018-08-06T00:53:00-07:00

Snippet: to redeem the Pennymac mortgage under section 45.0315; however, the trial court ruled that Bankers &… court's redemption order. Section 45.0315, Florida Statutes, provides: At…to redeem the Pennymac mortgage under section 45.0315; however, the trial court ruled that Bankers &… court's redemption order. Section 45.0315, Florida Statutes, provides: At

Nationstar Mortgage v. Roque

Court: Fla. Dist. Ct. App. | Date Filed: 2018-07-25T00:53:00-07:00

Snippet: of Foreclosure and in compliance with section 45.0315, Florida Statutes (2016). We agree. …Florida courts have consistently held that section 45.0315 affords the trial court authority to set a time…the legislature enacted Florida Statutes section 45.0315, codifying the mortgagor's right of redemption…has been displaced by the enactment of section 45.0315, Florida Statutes, which exclusively governs the… 878, 881 (Fla. 4th DCA 2016) (first quoting § 45.0315, Fla. Stat. (2014); and then quoting Emanuel v.

ARMANDO A. RIVAS v. THE BANK OF NEW YORK MELLON

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-13T00:53:00-07:00

Snippet: place, and certificate of title issued. See § 45.0315, Fla. Stat. (2017). Additionally, there was no

Rivas v. Bank of N.Y. Mellon

Court: Fla. Dist. Ct. App. | Date Filed: 2018-06-13T00:00:00-07:00

Citation: 244 So. 3d 334

Snippet: place, and certificate of title issued. See § 45.0315, Fla. Stat. (2017). Additionally, there was no

JONATHAN ROUFFE and RACHEL PEARL a/k/a RACHEL ROUFFE v. CITIMORTGAGE, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-03-21T00:53:00-07:00

Snippet: substantive right of redemption under section 45.0315, Florida Statutes (2016). In this case, there was…582 So. 2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla. Stat. (2013). Therefore, even though

MARTHA ECHEVERRY v. DEUTSCHE BANK NATIONAL TRUST

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-14T23:53:00-08:00

Snippet: in the property was already extinguished. See § 45.0315, Fla. Stat. (2014); Household Fin. & Mortg.

Coastwide Services, LLC v. Goldberg

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-02T00:00:00-07:00

Citation: 229 So. 3d 404

Snippet: exercise its statutory right of redemption (section 45.0315, Florida Statutes (2016)). 1 The mortgagée…has been “filed” within the meaning of section 45.0315. On such a record, the trial court and this Court…accordance with this opinion. 1 . § 45.0315. Right of Redemption, At any time before

Tikhomirov v. Bank of New York Mellon

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-05T00:00:00-07:00

Citation: 223 So. 3d 1112, 2017 Fla. App. LEXIS 9602

Snippet: its statutory right of redemption under section 45.0315, Florida Statutes. Id. at 931. “The statutory…judgment. 3 De Sousa, 170 So.3d at 931; § 45.0315, Fla. Stat. (2016). Here, Appellant did not exercise… . Of significance to this appeal, section 45.0315 provides that [a]t any time before the later