Florida Statutes
Fla. Stat. § 45.0315 (2025)
Right of redemption.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 90
cases (16 in the last 5 years), 1993–2026 · leading case: Wells Fargo Bank, Nat'l Ass'n v. Sawh, 194 So. 3d 475 (Fla. 3d DCA 2016).
Wells Fargo Bank, Nat'l Ass'n v. Sawh, 194 So. 3d 475 (Fla. 3d DCA 2016). “See § 45.0315, Fla. Stat. (2013) (authorizing redemption before judgment, but only upon payment of all of the following: the amount due because of the exercise of a right to accelerate, reasonable expenses and costs, and attorney’s fees incurred by the creditor).”
The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville, 252 So. 3d 1120 (Fla. 2018). “(quoting § 45.0315, Fla. Stat. (2014) ). But Straub concluded that the Legislature merely "created a specific window for exercising the right of redemption" and that nothing in the enactment of section 45.”
Pealer v. Wilmington Trust Nat'l Ass'n, 212 So. 3d 1137 (Fla. 2d DCA 2017). “At any time before the filing of the certificate of sale, the Pealers "may cure the mortgagor's indebtedness and prevent a foreclosure sale by paying the amount of moneys specified -4- in the judgment, order, or decree of foreclosure.”
In Re Amendments to the Florida Rules of Civil Procedure, 44 So. 3d 555 (Fla. 2010). “cern for privacy interests, the lines for an address and social security number are deleted; (3) paragraph four is amended to conform to existing practice and require a successful purchaser to pay the documentary stamps on the certificate of title; (4) paragraph six is amended…”
Tikhomirov v. Bank of New York Mellon, 223 So. 3d 1112 (Fla. 3d DCA 2017). “3d at 931 ; § 45.0315, Fla. Stat. (2016). Here, Appellant did not exercise his statutory right of redemption and the subject property was sold at the July 7, 2016, foreclosure sale.”
Emanuel v. Bankers Trust Co., NA, 655 So. 2d 247 (Fla. 3d DCA 1995). “Upon examination of the matter, we find that the provisions of section 45.0315, Florida Statutes (1993), entirely control the matter.”
Brian M. Beauchamp v. The Bank of New York Trust Co., 150 So. 3d 827 (Fla. 4th DCA 2014). “4th DCA 1991); § 45.0315, Fla. Stat. (2013). 1 Therefore, even though Beau-champ is not personally liable for the debt, the amount of the debt owed is important as it relates to Beauchamp’s right of redemption, specifically as to the amount due under the judgment in order to…”
Indian River Farms v. YBF PARTNERS, 777 So. 2d 1096 (Fla. 4th DCA 2001). “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 of foreclosure, the mortgagor or the…”
Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087 (Fla. 2d DCA 2015). “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).”
Morris v. Osteen, 948 So. 2d 821 (Fla. 5th DCA 2007). “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.”
Verneret v. Foreclosure Advisors, LLC, 45 So. 3d 889 (Fla. 3d DCA 2010). “The district court reversed, holding that Bee Bee had properly exercised its right of redemption under section 45.0315, Florida Statutes (1993).”
Jonathan Rouffe & Rachel Pearl a/k/a Rachel Rouffe v. Citimortgage, Inc., 241 So. 3d 870 (Fla. 1st DCA 2018). “Therefore, even though Beauchamp is not personally liable for the debt, the amount of the debt owed is important as it relates to Beauchamp’s right of redemption, specifically as to the amount due under the judgment in order to exercise his right to stop the foreclosure sale.”
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