Florida Statute 45.0315 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS

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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: District Court of Appeal of Florida | Date Filed: 2024-05-15

Snippet: Dixie’s statutory redemption right under section 45.0315 of the Florida Statutes. 3 Neither party

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

Court: Supreme Court of Florida | Date Filed: 2024-01-18

Snippet: defendant’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: Supreme Court of Florida | Date Filed: 2024-01-11

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

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

Court: District Court of Appeal of Florida | Date Filed: 2021-11-10

Snippet: right of redemption is codified within section 45.0315, Florida Statutes. The statute provides, in pertinent

ORQUIDEA CASTELLANOS v. REVERSE MORTGAGE FUNDING LLC

Court: District Court of Appeal of Florida | Date Filed: 2021-05-12

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: District Court of Appeal of Florida | Date Filed: 2020-06-24

Snippet: Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter amended

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

Court: Supreme Court of Florida | Date Filed: 2020-04-16

Snippet: defendant’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: District Court of Appeal of Florida | Date Filed: 2020-03-11

Snippet: Florida Statute—section 55.141 instead of section 45.0315; 3) the trial court had discretion to enter an

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

Court: District Court of Appeal of Florida | Date Filed: 2019-06-07

Snippet: Clay Cty. Land Tr., 152 So. 3d at 85; see also § 45.0315, Fla. Stat. (2014); Beauchamp v. Bank of N.Y.,

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

Court: District Court of Appeal of Florida | Date Filed: 2019-02-01

Citation: 264 So. 3d 295

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: Supreme Court of Florida | Date Filed: 2018-09-06

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

Credo LLC v. Speyside Investments Corp.

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Citation: 259 So. 3d 893

Snippet: redeem the mortgage purportedly pursuant to section 45.0315, Florida Statutes, and set it for hearing on a

Bankers Lending v. Jacobson

Court: District Court of Appeal of Florida | Date Filed: 2018-08-06

Citation: 253 So. 3d 1174

Snippet: to redeem the Pennymac mortgage under section 45.0315; however, the trial court ruled that Bankers "shall

Nationstar Mortgage v. Roque

Court: District Court of Appeal of Florida | Date Filed: 2018-07-25

Citation: 252 So. 3d 342

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

Rivas v. Bank of N.Y. Mellon

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

Citation: 244 So. 3d 334

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-06-13

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: District Court of Appeal of Florida | Date Filed: 2018-03-21

Citation: 241 So. 3d 870

Snippet: substantive right of redemption under section 45.0315, Florida Statutes (2016). In this case, there was

MARTHA ECHEVERRY v. DEUTSCHE BANK NATIONAL TRUST

Court: District Court of Appeal of Florida | Date Filed: 2017-11-15

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

Coastwide Services, LLC v. Goldberg

Court: District Court of Appeal of Florida | Date Filed: 2017-08-02

Citation: 229 So. 3d 404

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

Tikhomirov v. Bank of New York Mellon

Court: District Court of Appeal of Florida | Date Filed: 2017-07-05

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