Florida Statute 56.071 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 56.071

Total Results: 5

Hoffman v. Semet

Court: District Court of Appeal of Florida | Date Filed: 1975-07-18

Citation: 316 So. 2d 649

Snippet: Fla. Stat. § 56.071 (1973).[3] This argument is also without merit. Fla. Stat. § 56.071 does not set

State v. Smith

Court: District Court of Appeal of Florida | Date Filed: 1963-04-18

Citation: 151 So. 2d 889

Snippet: 1317; Gerende v. Board of Supervisors, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745." Having concluded that

Cohen v. State

Court: Supreme Court of Florida | Date Filed: 1960-11-30

Citation: 125 So. 2d 560

Snippet: 1317; Gerende v. Board of Supervisors, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745. For the reasons expressed

Cramp v. Board of Public Instruction of Orange Cty.

Court: Supreme Court of Florida | Date Filed: 1960-11-16

Citation: 125 So. 2d 554, 1960 Fla. LEXIS 2059

Snippet: 1317; Gerende v. Board of Supervisors, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745. We are not disturbed by

State v. Diez

Court: Supreme Court of Florida | Date Filed: 1957-09-18

Citation: 97 So. 2d 105

Snippet: Gerende v. Board of Supervisors, 1951, 341 U.S. 56, 71 S.Ct. 565, 95 L.Ed. 745. This takes us back to