Florida Statute 56.21 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

View Entire Chapter

F.S. 56.21

56.21 Execution sales; notice.—Notice of all sales under execution shall be given by advertisement once each week for 4 successive weeks in a newspaper published in the county in which the sale is to take place. The time of such notice may be shortened in the discretion of the court from which the execution issued, upon affidavit that the property to be sold is subject to decay and will not sell for its full value if held until date of sale. On or before the date of the first publication or posting of the notice of sale, a copy of the notice of sale shall be furnished by the sheriff by certified mail to the attorney of record of the judgment debtor, or to the judgment debtor at the judgment debtor’s last known address if the judgment debtor does not have an attorney of record. Such copy of the notice of sale shall be mailed even though a default judgment was entered. When levying upon real or personal property, a notice of such levy and execution sale and a copy of the affidavit required by s. 56.27(4) shall be sent by the sheriff to the attorneys of record of all judgment creditors and other lienholders, or to all judgment creditors and other lienholders who do not have an attorney of record, who have acquired a lien as provided in s. 55.10(1) and (2), s. 55.202, s. 55.204(3), or s. 695.01, and whose liens have not lapsed at the time of levy, at the address listed in the judgment lien certificate or other recorded liens, or, if amended, in any amendment thereto, and to all secured creditors who have filed financing statements as provided in part V of chapter 679 in the name of the judgment debtor reflecting a security interest in property of the kind to be sold at the execution sale at the address listed in the financing statement, or, if amended, in any amendment to the financing statement. Such notice shall be made in the same manner as notice is made to any judgment debtor under this section. When levying upon real property, notice of such levy and execution sale and affidavit required by s. 56.27(4) shall be made to the property owner of record in the same manner as notice is made to any judgment debtor pursuant to this section, and shall be made to each other person holding a mortgage or other lien against the real property as disclosed by the affidavit. When selling real or personal property, the sale date shall not be earlier than 30 days after the date of the first advertisement.

History.—s. 3, Feb. 17, 1833; RS 1202; GS 1631; RGS 2835; CGL 4522; s. 11, ch. 67-254; s. 2, ch. 77-462; s. 4, ch. 82-118; s. 10, ch. 94-170; s. 18, ch. 2000-258; s. 12, ch. 2001-154; s. 10, ch. 2005-241; s. 5, ch. 2009-215.

Note.—Former s. 55.44.

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Amendments to 56.21

Annotations, Discussions, Cases:

Cases Citing Statute 56.21

Total Results: 17

Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC)

771 F.3d 713

Court of Appeals for the Eleventh Circuit | Filed: Oct 16, 2014 | Docket: 1451325

Cited 107 times | Published

opportunity to be heard. See Fla. Stat. § 56.21 (“When levying upon real property, notice of such

Burshan v. NATIONAL UNION FIRE INS. COMPANY OF PITTSBURGH, PA.

805 So. 2d 835, 2001 WL 883234

District Court of Appeal of Florida | Filed: Aug 8, 2001 | Docket: 2449499

Cited 24 times | Published

the judgment or decree on which it is issued." § 56.021, Fla. Stat. (2000); Fla. R. Civ. P. 1.550(a).

QUAY DEV. v. Elegante Bldg. Corp.

392 So. 2d 901, 1981 Fla. LEXIS 2546

Supreme Court of Florida | Filed: Jan 8, 1981 | Docket: 1678473

Cited 11 times | Published

case involves the constitutionality of former section 56.21, Florida Statutes (1975), which provided the

Corzo Trucking Corp. v. West

61 So. 3d 1285, 2011 Fla. App. LEXIS 8072, 2011 WL 2135589

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 60300447

Cited 6 times | Published

the judgment or decree on which it is issued.” § 56.021, Fla. Stat. (2009). "Subject to the provisions

Bit-O-Sweden, Inc. v. Kittredge

566 So. 2d 364, 1990 Fla. App. LEXIS 6712, 1990 WL 127342

District Court of Appeal of Florida | Filed: Sep 6, 1990 | Docket: 547506

Cited 3 times | Published

to comply with the technical requirements of section 56.21, Florida Statutes, which states in pertinent

Westport Recovery Corp. v. Batista

965 So. 2d 1189, 2007 WL 2609377

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 1509224

Cited 2 times | Published

satisfaction of a writ of execution. Pursuant to section 56.021 of the Florida Statutes (2005), the sheriff

Betaco, Inc. v. Countrywide Home Loans, Inc.

752 So. 2d 696, 2000 Fla. App. LEXIS 1323, 2000 WL 193578

District Court of Appeal of Florida | Filed: Feb 16, 2000 | Docket: 1682243

Cited 2 times | Published

life of the judgment on which it is issued. See § 56.021, Fla. Stat. (1997). Section 55.091, Florida Statutes

Sephus v. Gozelski

670 F. Supp. 1552, 1987 U.S. Dist. LEXIS 9191

District Court, S.D. Florida | Filed: Apr 29, 1987 | Docket: 251592

Cited 1 times | Published

[2] Turning to Florida law, Florida Statutes Section 56.21 (1982) governed the procedures to be followed

SARA ROSENBERG, etc. v. U.S. BANK, N.A.

District Court of Appeal of Florida | Filed: May 3, 2023 | Docket: 60382878

Published

order of the court at any time after judgment.”); § 56.021, Fla. Stat. (“When issued, an execution is valid

Stettner v. Richardson

143 So. 3d 987, 2014 WL 3456201, 2014 Fla. App. LEXIS 10906

District Court of Appeal of Florida | Filed: Jul 16, 2014 | Docket: 433706

Published

notice of the sheriffs sale as required by section 56.21, Florida Statutes (2009). Richardson had filed

Menotte v. King (In Re King)

463 B.R. 555, 23 Fla. L. Weekly Fed. B 273, 2011 WL 7111364, 2011 Bankr. LEXIS 5280

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 22, 2011 | Docket: 2053950

Published

advertisement of the sale as required by Fla. Stat. § 56.21, and (2) the Notice of Sale failed to state a specific

Park Finance of Broward, Inc. v. Jones

94 So. 3d 617, 2011 WL 2694573, 2011 Fla. App. LEXIS 11004

District Court of Appeal of Florida | Filed: Jul 13, 2011 | Docket: 60310915

Published

the judgment or decree on which it is issued.” § 56.021, Fla. Stat. (2009). An execution is thus “subject

Gamez v. First Union National Bank of Florida

31 So. 3d 220, 2010 Fla. App. LEXIS 2943, 2010 WL 785936

District Court of Appeal of Florida | Filed: Mar 10, 2010 | Docket: 60289553

Published

property and not to real property.” Id. at 383. Section 56.21, Florida Statutes (2005), establishes the notice

Ago

Florida Attorney General Reports | Filed: Aug 23, 2005 | Docket: 3255755

Published

property, must be noticed as prescribed in section 56.21, Florida Statutes. The sale must take place

Gibson v. Sampson

353 So. 2d 609, 1977 Fla. App. LEXIS 16914

District Court of Appeal of Florida | Filed: Dec 20, 1977 | Docket: 64562024

Published

(The Apopka Chief) pursuant to Florida Statute § 56.21 (1975). Not surprisingly, neither the husband nor

Helinger v. Allen

352 So. 2d 122, 1977 Fla. App. LEXIS 16916

District Court of Appeal of Florida | Filed: Nov 16, 1977 | Docket: 64561407

Published

January 3, 1976, at 11:00 a. m. Pursuant to Section 56.21, Florida Statutes (1975), the sheriff’s department

Commercial Bank of Okeechobee v. Proctor

349 So. 2d 710, 1977 Fla. App. LEXIS 16545

District Court of Appeal of Florida | Filed: Aug 17, 1977 | Docket: 64560043

Published

therefore subject to decay, and pursuant to Section 56.21,3 Florida Statutes, ordered the Sheriff of Marion