Florida Statutes

Fla. Stat. § 56.071 (2025)

Executions on equities of redemption; discovery of value.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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56.071 Executions on equities of redemption; discovery of value.—On motion made by the person causing a levy to be made on an equity of redemption, the court from which the execution issued shall order the mortgagor, mortgagee, and all other persons interested in the mortgaged property levied on to appear and be examined about the amount remaining due on the mortgage, the amount that has been paid, the person to whom that amount has been paid, and the date when that amount was paid so that the value of the equity of redemption may be ascertained before the property is sold. The court may appoint a general or special magistrate to conduct the examination. This section shall also apply to the interest of and personal property in possession of a vendee under a retained title contract or conditional sales contract.

History.—s. 2, ch. 44, 1845; RS 1208; GS 1638; RGS 2842; CGL 4529; s. 1, ch. 61-191; s. 11, ch. 67-254; s. 13, ch. 73-334; s. 52, ch. 2004-11; s. 5, ch. 2016-33.

Note.—Former s. 55.21.

Notes of Decisions

Cited in 2 cases, 1973–1975 · leading case: Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975).

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Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975). · cites it 6× “061 , that levy and sale was ineffective because of the failure to follow the procedure regarding executions on equities of redemption set forth in Fla. Stat. § 56.071 (1973). [3] This argument is also without merit.”

Hoffman v. Margate Realty, Inc., 40 Fla. Supp. 126 (Fla. Cir. Ct., Broward Cty. 1973). “The threshold question is — does a purchaser at a sheriff’s sale of a vendee’s interest in an agreement for deed acquire the vendee’s interest when the sale was an execution of a judgment at law? For the reasons to be hereinafter stated the question is answered in the negative.…”

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