56.21
Execution sales; notice.
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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.
Notes of Decisions
Cited in 16
cases (4 in the last 5 years), 1977–2023 · leading case: Menotte v. King (In Re King)
Menotte v. King (In Re King) (2011)
“King argues that the Trustee did not follow proper execution sale procedures in that (1) the sale was not held at least 30 days after the date of the first advertisement of the sale as required by Fla. Stat. § 56.21 , and (2) the Notice of Sale failed to state a specific…”
QUAY DEV. v. Elegante Bldg. Corp. (1981)
“; § 56.21, Fla. Stat. (1979). On April 1, 1976, Elegante Building Corporation's corporate income tax for the year 1975, in the amount of 60.”
Keith Stansell v. Revolutionary Armed Forces of Columbia, (FARC) (2014)
“See Fla. Stat. § 56.21 (“When levying upon real property, notice of such levy and execution sale and affidavit .”
Levine v. Gonzalez (2005)
“, currently being prosecuted under the above caption ("Property") shall be sold by the Sheriff at a public sale no earlier than 60 and no more than 90 days from the date hereof, in accordance with the procedures contained in Florida Statute §§ 56.21, 56.22, 56.25. All proceeds…”
Bankers Trust Co. v. Edwards (2003)
“0315) Execution Sale (§§ 56.2156.29) Conducted by clerk by order of the court.”
Bit-O-Sweden, Inc. v. Kittredge (1990)
“This is the appeal of an order setting aside a judicial sale for failure to comply with the technical requirements of section 56.21, Florida Statutes, which states in pertinent part: On or before the date of the first publication or posting of the notice of sale, a copy of the…”
Helinger v. Allen (1977)
“Pursuant to Section 56.21, Florida Statutes (1975), the sheriff’s department also caused the following notice to be published in a Pinellas County newspaper on November 26 and December 3, 10, 17, 1976: “NOTICE OF SHERIFF’S SALE IN THE CIVIL AND CRIMINAL COURT OF RECORD OF…”
Commercial Bank of Okeechobee v. Proctor (1977)
“An order was entered by the Circuit Court of Okeechobee County 2 on February 17, 1977, reciting that an affidavit had been filed reflecting that the cattle levied upon were in extremely poor condition, therefore subject to decay, and pursuant to Section 56.21, 3 Florida…”
Sephus v. Gozelski (1987)
“2 Turning to Florida law, Florida Statutes Section 56.21 (1982) governed the procedures to be followed for execution sales at the time of the events herein.”
Caballero v. Fuerzas Armadas Revolucionarias De Colombia (2023)
“The Interested Parties Lacked the Requisite Notice Plaintiff argues that the R&R contains errors of law and fact regarding notice provided to the Interested Parties.”
Karlene Sandra Parker (2021)
“41 Fla. Stat. § 56.21 . 42 Id. 43 Id. This requirement applies even in the case of judgments entered by default.”
Stettner v. Richardson (2014)
“Stettner filed an emergency motion to vacate the sheriffs sale, asserting he had not been given proper notice of the sheriffs sale as required by section 56.21, Florida Statutes (2009). Richardson had filed an affidavit pursuant to section 56.”
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