Florida Statute 56.21 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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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.

F.S. 56.21 on Google Scholar

F.S. 56.21 on Casetext

Amendments to 56.21

Arrestable Offenses / Crimes under Fla. Stat. 56.21

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 56.21.

Annotations, Discussions, Cases:

Cases Citing Statute 56.21

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2023-05-03

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

METRO DADE FIREFIGHTERS, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1403 v. MIAMI-DADE COUNTY

Court: District Court of Appeal of Florida | Date Filed: 2022-09-30

Snippet: “Disability Program”), as enumerated in sections 2- 56.21 through 2-56.27.1 of the Miami-Dade County Code

Stettner v. Richardson

Court: District Court of Appeal of Florida | Date Filed: 2014-07-16

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

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

Park Finance of Broward, Inc. v. Jones

Court: District Court of Appeal of Florida | Date Filed: 2011-07-13

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

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

Corzo Trucking Corp. v. West

Court: District Court of Appeal of Florida | Date Filed: 2011-06-01

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

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

Gamez v. First Union National Bank of Florida

Court: District Court of Appeal of Florida | Date Filed: 2010-03-10

Citation: 31 So. 3d 220, 2010 Fla. App. LEXIS 2943

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

Westport Recovery Corp. v. Batista

Court: District Court of Appeal of Florida | Date Filed: 2007-09-12

Citation: 965 So. 2d 1189, 2007 WL 2609377

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-08-23

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

Levine v. Gonzalez

Court: District Court of Appeal of Florida | Date Filed: 2005-05-11

Citation: 901 So. 2d 969, 2005 WL 1109590

Snippet: the procedures contained in Florida Statute §§ 56.21, 56.22, 56.25. All proceeds shall be held for distribution

Bankers Trust Co. v. Edwards

Court: District Court of Appeal of Florida | Date Filed: 2003-07-21

Citation: 849 So. 2d 1160, 2003 Fla. App. LEXIS 10907, 2003 WL 21685831

Snippet: execution sales, undertaken pursuant to sections 56.21 through 56.25, Florida Statutes (2002), obviously

Westerheide v. State

Court: Supreme Court of Florida | Date Filed: 2002-10-17

Citation: 831 So. 2d 93, 2002 WL 31319386

Snippet: safety of others. Westerheide, 767 So.2d at 655-56. [21] I disagree with the majority's statement that

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

Court: District Court of Appeal of Florida | Date Filed: 2001-08-08

Citation: 805 So. 2d 835, 2001 WL 883234

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

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

Court: District Court of Appeal of Florida | Date Filed: 2000-02-16

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

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

Ferraro v. Mazurek

Court: District Court of Appeal of Florida | Date Filed: 1993-07-09

Citation: 621 So. 2d 532, 1993 Fla. App. LEXIS 7306, 1993 WL 247123

Snippet: to notice of the sheriff’s sale. See §§ 56.16, 56.21, Fla.Stat. (1991); see generally Coe v. Armour Fertilizer

Bit-O-Sweden, Inc. v. Kittredge

Court: District Court of Appeal of Florida | Date Filed: 1990-09-06

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

Snippet: comply with the technical requirements of section 56.21, Florida Statutes, which states in pertinent part:

Metropolitan Dade County v. Sykes

Court: District Court of Appeal of Florida | Date Filed: 1990-02-27

Citation: 557 So. 2d 228, 1990 Fla. App. LEXIS 1190, 1990 WL 17490

Snippet: provision of the Metropolitan Dade County Code § 2-56.21 which provides a salary continuation plan for in-line-of-duty

QUAY DEV. v. Elegante Bldg. Corp.

Court: Supreme Court of Florida | Date Filed: 1981-01-08

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

Snippet: involves the constitutionality of former section 56.21, Florida Statutes (1975), which provided the procedure

Gibson v. Sampson

Court: District Court of Appeal of Florida | Date Filed: 1977-12-20

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

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

Helinger v. Allen

Court: District Court of Appeal of Florida | Date Filed: 1977-11-16

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

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 1977-08-17

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

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