The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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F.S. 56.071

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.

F.S. 56.071 on Google Scholar

F.S. 56.071 on Casetext

Amendments to 56.071

Arrestable Offenses / Crimes under Fla. Stat. 56.071

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.071.

Annotations, Discussions, Cases:

Cases from cite.case.law:

NORTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, v. FEDERAL TRADE COMMISSION,, 615 F. Supp. 1155 (E.D.N.C. 1985)

. . . Pursuant to this legislative authority, the Board in 1979 promulgated and approved Rule 56.071(e)(8) . . .

A. HOFFMAN, Jr. v. H. SEMET, 316 So. 2d 649 (Fla. Dist. Ct. App. 1975)

. . . . § 56.071 (1973). This argument is also without merit. Fla. . . . . § 56.071 does not set out a mandatory procedure which must be followed in every case. . . . Fla.Stat. § 56.071 (1973) provides: “On motion made by the party causing a levy to be made on an equity . . .

HOFFMAN v. MARGATE REALTY,, 40 Fla. Supp. 126 (Broward Cty. Cir. Ct. 1973)

. . . Florida Statutes §56.071 provides the procedure for executing upon equities of redemption which require . . .