The 2023 Florida Statutes (including Special Session C)
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. . . As this was the foreclosure of an equitable lien and not a mortgage, section 45.031 sets the procedures . . . Section 45.031(8), Florida Statutes (2018), provides in part: "If the case is one in which a deficiency . . .
. . . See § 45.031, Fla. Stat. (2018) ; IndyMac Fed. Bank FSB v. . . . : "Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031 . . .
. . . Section 45.031(7)(d), Florida Statutes (2017), states, "If there are funds remaining after payment of . . .
. . . Pursuant to section 45.031, Florida Statutes (2018), a foreclosure sale is to be conducted "not less . . . than 20 days or more than 35 days after the date" of the order or judgment. § 45.031(1)(a). . . . hopes of obtaining a short sale are grounds to cancel the foreclosure sale in contravention of section 45.031 . . .
. . . ] and ss. 45.0315-45.035." § 45.031(7)(d), Fla. . . . See § 45.031(7)(d), Fla. Stat. . . . So looking to section 45.032 to understand the meaning of section 45.031 is proper because section 45.031 . . . See §§ 45.031(6), 45.032(1)(c), Fla. Stat. . . . Section 45.031 is clearly the more general statute. . . .
. . . Section 45.031(1)(a) requires that, in each final foreclosure judgment, the trial court "shall direct . . . As mentioned previously, section 45.031(1)(a) also requires the final foreclosure judgment to contain . . . Section 45.031(6) requires the clerk to record the Certificate of Title and states that "title to the . . . A. , supra . § 45.031(2)(a), Fla. Stat. (2016). § 45.031(2)(b), Fla. Stat. (2016). . . . .) § 45.031(2)(f), Fla. Stat. (2016). (Emphasis added.) . . .
. . . Property.. .to satisfy the.. .mortgage lien in accordance with the provisions of Florida Statutes § 45.031 . . .
. . . redemption amount is not timely paid, the certificate of title will also follow as provided by section 45.031 . . .
. . . The borrowers argue that the notice of the foreclosure sale did not comply with section 45.031(2), Florida . . .
. . . Under section 45.031(7)(b), Florida Statutes (2015), any person claiming a right to surplus funds must . . . This court has previously explained that “the language in section 45.031(7)(b) is clear and unambiguous . . . This subsection only refers to the “sale,” not the “certificate of sale.” § 45.031(7)(b). . . . This is significant because section 45.031 assigns particular and distinct meanings to the terms “sale . . . See § 45.031(4) (“After a sale of the property the clerk shall promptly file a certificate of sale and . . .
. . . foreclosure sale, where no objection was filed within ten days of date of sale pursuant to section 45.031 . . .
. . . Section 45.031(8), Florida Statutes (2014), allows a party to serve an objection to a sale based on the . . . This Court has previously held that it is error to deny the party objecting under section 45.031(8) an . . .
. . . Section 45.031 is titled “Judicial sales procedures,” and it provides in pertinent part: “In any sale . . . this case — direct that the property shall be sold at a public sale and in accordance with section 45.031 . . . Section 45.031(2) provides, “Publication of sale.— Notice of sale shall be published once a week for . . . Shelton does not argue that the Bank did not comply with section 45.031(2). . . . Shelton does not challenge the Bank’s notice under section 45.031, Mr. . . .
. . . Section 45.031(8), Florida Statutes (2014), provides: The amount of the bid for the property at the sale . . . court as one of the factors in determining a deficiency under the usual equitable principles. - • § 45.031 . . .
. . . . § 45.031(l)(a), Fla. Stat. (2014); Whitehurst v. . . .
. . . .;..., Florida; in accordance with'section 45.031, Florida Statutes (2013), using the following-method . . . The original submission by the Committee incorrectly cited to section 45.031, Florida Statutes. . . .
. . . .” § 45.031(l)(a), (7)(b), Fla. . . . The foreclosed property is sold at a public auction, § 45.031(3). . . . .” § 45.031(4). . . . This is an issue of first impression under today’s version of section 45.031. . . . Said transfer takes place according to s. 45.031(3), Fla. . . .
. . . objection to the foreclosure sale was not made within ten days of the sale, as required by section 45.031 . . . In Kane, we held that the third-party’s failure to object pursuant to section 45.031(4), which later . . . Section 45.031(4), Florida Statutes (1989) provides that any objections to the sale be filed with the . . .
. . . Section 45.031, Florida Statutes (2013), governs judicial foreclosure sales. . . . certificate of sale, the clerk shall file a certificate of title and serve a copy of it on each party -” § 45.031 . . .
. . . Further, although section 45.031(5), Florida Statutes (2013), provides for the filing of objections to . . . a judicial sale within ten days, “the substance of an objection to a foreclosure sale under section 45.031 . . .
. . . . § 45.031(l)(a), Fla. Stat, (2008). Id. at 1054 (footnote omitted.) . . . .
. . . Stat. § 45.031 or an opportunity to timely file a claim.” . . . First, unlike the rule at issue in DeMario, sections 45.031(l)(a) and 45.031(7)(b)’s plain language require . . . See § 45.031(l)(a), Fla. . . . Stat. § 45.031 or an opportunity to timely file a claim.” . . . First, unlike the rule at issue in DeMario, sections 45.031(l)(a) and 45.031(7)(b)’s plain language require . . .
. . . explains: Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031 . . . See § 45.031, Fla. . . .
. . . However, while a borrower is allowed to object to a foreclosure sale under section 45.031, Florida Statutes . . . (2013), “the substance of an objection to a foreclosure sale under section 45.031(5) must be directed . . .
. . . of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031 . . . Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts . . . (name of city)., Florida, in accordance with section 45.031, Florida Statutes (2013), using the following . . . of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.031 . . .
. . . Pursuant to section 45.031(5), Florida Statutes (2013), objections to the sale are required to be filed . . . sale were not filed within ten days after the filing of the certificate of sale as required by section 45.031 . . .
. . . The final judgment of foreclosure included the following language, as required by section 45.031(1), . . . In Mathews, this court held that the language in section 45.031(7)(b) is clear and unambiguous: any person . . . And section 45.031(l)(a) specifically warns that if a subordinate lienholder fails to file a claim, it . . . to any surplus, see §§ 45.031(l)(a), (2)(f), (7)(b). . . . Thus, section 45.032, considered in its entirety and read in conjunction with section 45.031, undoubtedly . . .
. . . claim with the clerk of the court within sixty days after the foreclosure sale as required by section 45.031 . . . Section 45.031(7)(b) provides that the clerk’s certificate of disbursements must include the following . . . Discussion The language of section 45.031(7)(b) is clear and unambiguous in requiring that any person . . . In interpreting the mandatory claim requirement in section 45.031(7)(b), the trial court relied on a . . . This requirement was added to sections 45.031 and 45.032 in 2006. . . .
. . . Florida’s judicial foreclosure procedures, set forth in Section 45.031 of the Florida Statutes, authorize . . . Section 45.031 of the Florida Statutes explicitly empowers a court in the final judgment of foreclosure . . . The substance of an objection to a foreclosure sale under Section 45.031(5) must be directed toward conduct . . . Stat. § 45.031 (2014). . Fla. Stat. §§ 45.031(2), (5) (2014). . Fla. Stat. § 45.031(5) (2014). . . . . Stat. § 45.031(6) (2014). . Fla. Stat. § 45.0315 (2014). . Fla. . . .
. . . See § 45.031(4)-(5), Fla. Stat. . . .
. . . indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions of Florida Statutes § 45.031 . . .
. . . Section 45.031 of the Florida Statutes authorizes objections to judicial foreclosure sales if timely . . . within 10 days after the filing certificate of sale, the clerk shall file a certificate of title.... §§ 45.031 . . .
. . . 2011, the borrowers filed an objection to the judicial sale with the trial court, pursuant to section 45.031 . . . to the judicial foreclosure sale of their home, well within the 10-day period set forth in sections 45.031 . . . (5) and 45.031(8), Florida Statutes. . . . the court as one of the factors in determining a deficiency under the usual equitable principles. § 45.031 . . .
. . . .; see also § 45.031(7)(d) (“If there are funds remaining after payment of all disbursements required . . .
. . . See § 45.031, Fla. Stat. (2011). Reversed and remanded. . . .
. . . In deciding this case, we must consider Section 45.031, Florida Statutes (2009), which governs judicial . . . Section 45.031(8) states in pertinent part: “Any party may serve an objection to the amount of the bid . . .
. . . vacate a foreclosure sale, contending the trial court failed to adhere to the requirements of section 45.031 . . . moved to vacate the foreclosure sale, arguing no notice of sale was published as required by section 45.031 . . . 436 (Fla. 4th DCA 2012), we held that when a trial court “adopts the statutory framework of section 45.031 . . . However, section 45.031 begins by stating: In any sale of real or personal property under an order of . . . As allowed by the statute itself, the Administrative Order alters the sale procedure under section 45.031 . . .
. . . The procedures governing judicial sales are outlined in section 45.031, Florida Statutes (2012). . . . Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031 . . .
. . . See § 45.031, Fla. Stat. (2012) (governing judicial sales procedure); § 45.0315, Fla. . . .
. . . and direct that the Clerk of the Court republish and reset the foreclosure sale, pursuant to, section 45.031 . . .
. . . court erred in denying her motion because no pre-sale publication notice was made, pursuant to section 45.031 . . . Section 45.031 provides, in relevant part: In any sale of real or personal property under an order or . . . There, we held “[s]ection 45.031, Florida Statutes, requires that notice of sale ‘be published once a . . . Id. at 517 (quoting § 45.031(2), Fla. Stat. (2011)). . . . (quoting § 45.031(4), Fla. Stat. (2011)) (citations omitted). . . .
. . . to sell the property by electronic sale to the highest bidder for cash “in accordance with section 45.031 . . . because the notice of sale was not published in advance of the foreclosure sale as required by section 45.031 . . . to sell the property by electronic sale to the highest bidder for cash “in accordance with section 45.031 . . . of sale “be published once a week for 2 consecutive weeks in a newspaper of general circulation.” § 45.031 . . . after the sale of the property, the clerk of the court shall promptly file a certificate of sale. § 45.031 . . .
. . . Section 45.031 Did Not Require the Trial Courts to Set a Foreclosure Sale Defendants first contend that . . . the trial courts contravened section 45.031, Florida Statutes (2008), by granting foreclosure without . . . They argue that subsection 45.031(l)(a) requires that the foreclosure sale be set within a certain time . . . However, the plain language of the statute demonstrates that the procedure set forth in section 45.031 . . . The introductory paragraph of section 45.031 states: In any sale of real or personal property under an . . .
. . . Compare § 45.031(5), Fla. . . . days after filing the certificate of sale, the clerk shall file a certificate of title .... ”), with § 45.031 . . .
. . . See § 45.031(5), Fla. . . .
. . . The Association counters that section 45.031(1), gives the trial court the ultimate authority to order . . . It provides in pertinent part: 45.031. . . . date of final judgment or order if the plaintiff or plaintiffs attorney consents to such time.... § 45.031 . . . LR5A’s argument not only contravenes the provisions of section 45.031, but also ignores the Association . . . The trial court’s order comports with section 45.031(1) and the policies enunciated by the Foreclosure . . .
. . . (name of city)., Florida, in accordance with section 45.031, Florida Statutes, using the following method . . .
. . . See § 45.031(2), Fla. . . .
. . . Section 45.031(8), Florida Statutes (2009), provides that objections based on the amount of the bid may . . . Santora, 570 So.2d 1374, 1376 (Fla. 1st DCA 1990) (interpreting former version of section 45.031(8) to . . . Still, we are confident that the term “heard” in section 45.031(8) does not contemplate that objections . . .
. . . See § 45.031(3), Fla. Stat. . . .
. . . Stat. 45.031. 14. . . .
. . . -^(name of city)., Florida, in accordance with section 45.031, Florida Statutes-, using the following . . . of the mortgagee/property owner’s rights are included as required by the 2006 amendment to section 45.031 . . . Changes are also made based on 2008 amendments to section 45.031, Florida Statutes, permitting courts . . . See § 45.031(1), Fla. Stat. (2009). . . . See § 45.031(10), Fla. Stat. (2009). . . .
. . . (advising that the five-day time computation period for publication of notice of sale under section 45.031 . . .
. . . . § 45.031(l)(a), Fla. Stat. (2008). See also Kosoy Kendall Assocs., LLC v. . . .
. . . See § 45.031(5), Fla. . . . Section 45.031(8) provides that objections based on the amount of the bid may be filed within ten days . . . Santora, 570 So.2d 1374, 1376 (Fla. 1st DCA 1990) (interpreting former version of section 45.031(8) to . . . However, we are certain that the word “heard” in section 45.031(8) does not contemplate that objections . . .
. . . To decide the case, we must construe the provisions of sections 45.031-45.034, Florida Statutes (2007 . . . The primary purpose of the surplus trustee provisions of sections 45.031 to 45.034 is to provide a mechanism . . . must file a certificate of disbursements specifying the total disbursements and the surplus, if any. § 45.031 . . .
. . . the Clerk of the Court shall advertise for and conduct a foreclosure sale in accordance with Section 45.031 . . .
. . . The final judgment of foreclosure provided: “The sale shall be held in accordance with § 45.031 Fla. . . .
. . . . § 45.031(4), the effect of which Objection to Sale was to delay issuance of the Certificate of Title . . . Stat. § 45.031(4); see also Nelson v. . . .
. . . Within the ten day time permitted under section 45.031(4), Florida Statutes, for filing objections to . . . Wasko, 687 So.2d 10, 11 (Fla. 5th DCA 1996), under former section 45.031, the right of redemption could . . .
. . . Section 45.031 provides generally for judicial sales in foreclosure actions and states that the issuance . . .
. . . trial court did not abuse its discretion in declining to order a sale of property pursuant to section 45.031 . . .
. . . . § 45.031(4), Fla. Stat. (2000). . See Cueto v. . . .
. . . However, the Tenants’ objection to the sale, § 45.031(4), Fla. . . . “The purpose of [section 45.031(4)] is to afford a mechanism to assure all parties and bidders to the . . .
. . . See § 45.031(1), Fla. Stat. (2003). . . .
. . . . § 45.031(4), Fla. Stat. (2003). . . .
. . . property at public sale to the highest bidder in accordance with the Judicial Sales Procedure, Section 45.031 . . .
. . . Appellant argued “[sjection 45.031(1), F.S.1997, requires the second publication shall be at least 5 . . .
. . . directed in the final judgment of foreclosure, is carried out in accordance with the provisions of section 45.031 . . . See § 45.031(9). . . .
. . . . § 45.031(1), Fla. Stat. (2000). . The Third District has also cited Moran-Alleen Co. v. . . .
. . . County in ., Florida, in accordance with section 45.031, Florida Statutes. 4. . . .
. . . Section 45.031, Florida Statutes (1997), requires that objections to a judicial sale be filed within . . .
. . . Section 45.031 required that the final judgment of foreclosure specify a day for the sale and that the . . . Section 45.031(4) provides, "If no objections to the sale are filed within ten days after filing the . . .
. . . See § 45.031(4), Fla. Stat. (1995); Nelson v. Santoro, 570 So.2d 1374 (Fla. 1st DCA 1990). . . .
. . . Former section 45.031 and current section 45.0315, which govern the right of redemption are in derogation . . . Pursuant to former section 45.031, a mortgagor could exercise the right of redemption any time before . . .
. . . judgment in state court which set a foreclosure sale pursuant to the judicial sales procedure in § 45.031 . . .
. . . support of their contention that they are entitled to the deficiency judgment, the Hensehes cite section 45.031 . . .
. . . On appeal, this court examined sections 28.24 and 45.031(1), Florida Statutes (1991), to determine if . . . Second, the court noted that section 45.031(1), which governs the judicial sales procedure, provides . . . The court concluded that the use of the word shall in section 45.031(1) made collection of the judicial . . . sale takes place and the funds are received into the court registry. 621 So.2d at 522; §§ 28.24(13) & 45.031 . . .
. . . Outlining the procedure to be followed in a judicial sale, section 45.031(1), Florida Statutes (1991) . . .
. . . The foreclosure sale was ordered pursuant to the judicial sales procedure set out in section 45.031, . . . judicial sales procedure in Florida are set forth in the following provisions of the Florida Statutes: 45.031 . . . because the sale did not take place until ownership of the property was transferred, and according to § 45.031 . . .
. . . At the time Strasser was decided, under then-existing section 45.031(1), Florida Statutes (1973), there . . . Laws of Florida, chapter 93.250, Section 1, effective October 1, 1993, re-enacted section 45.031, which . . . mortgagor-ap-pellee argues that confirmation of the sale is nonetheless required pursuant to section 45.031 . . . This is undoubtedly correct if an objection to the sale is filed pursuant to section 45.031(4). . . . The sale shall be held in accordance with Section 45.031 of the Florida Statutes, and upon the Cleric . . .
. . . The final judgment provided: The sale shall be held in accordance with Section 45.031 of the Florida . . . the Certificate of Sale, and upon the Clerk filing the Certificate of Title as provided by Section 45.031 . . . The finality of the Certificate of Title as provided in the final judgment is based on section 45.031 . . . Even though section 45.031, Florida Statutes, limited the right of redemption until the "sale,” which . . . See § 45.031(1), Fla.Stat. (1991). . . .
. . . Section 45.031, Fla.Stat. (1991). . . .
. . . . § 45.031(4); Allstate Mortgage Corporation of Florida v. Strasser, 286 So.2d 201 (Fla.1973). . . .
. . . Schul- theis, 553 So.2d 1316, 1317 (Fla. 3d DCA 1989); § 45.031(1), Fla.Stat. (1991), it is well-settled . . .
. . . .-24(13), Florida Statutes (1991), and $40 for a service charge per section 45.031(1). . . . In addition, section 45.031(1) provides that in judicial sales “[t]he clerk shall receive a service charge . . . On appeal, the first district affirmed on the grounds that section 45.031(1) provided the exclusive charge . . . The court concluded by noting that if the legislature intended section 45.031(1) to operate as an exception . . . certifies a sale and title, the clerk should collect the $40 judicial sale fee set forth in section 45.031 . . .
. . . foreclosed and the property sold to satisfy Plaintiff’s lien, in accordance with the provisions of Section 45.031 . . .
. . . Thereafter, on August 22, 1991, appellant filed an “Objection to the Foreclosure Sale Under Florida Statute 45.031 . . .
. . . County in ., Floridai in accordance with section 45.031, Florida Statutes. 4. . . .
. . . court ordered a partition sale for October 8, 1990, at 11:00 a.m., and a notice of sale under section 45.031 . . .
. . . took place, Anderson was successful in having it set aside on the grounds, inter alia, that section 45.031 . . .
. . . .” § 45.031(8), Fla.Stat. (1989). . . .
. . . . § 45.031(5) (West 1991). . . .
. . . Section 45.031, Florida Statutes (1989) contains the procedure for judicial sales. . . . Fla.Stat. § 45.031(1). . . . conveyance of the property and of the execution of the satisfaction nor filed objections under section 45.031 . . . Section 45.031(4), Florida Statutes (1989) provides that any objections to the sale be filed with the . . .
. . . Section 45.031(4), Florida Statutes, provides for issuance of a certificate of title within 10 days by . . .
. . . foreclosure sale "may be considered by the court as one of the factors in determining a deficiency,” § 45.031 . . . See also § 45.031(8), Fla.Stat. (1989); 55 Am.Jur.2d Mortgages § 922 (1971). . . .
. . . to the highest bidder for cash or for the amount of the judgment herein, in accordance with Section 45.031 . . .
. . . to the highest and best bidder for cash ... after having first given notice as required by Section 45.031 . . . The order set out that pursuant to section 45.031, Florida Statutes, the parties or any third-party bidder . . . Since 1985, section 45.031 has required the successful bidder at a judicial sale held pursuant to that . . . Any remaining funds shall be applied toward the judgment. § 45.031, Fla.Stat. (1987). . . .
. . . June 9, 1989 the clerk of the court conducted a public sale of the property in accordance with section 45.031 . . . Section 45.031(1), Fla.Stat. (1987) provides that in a foreclosure proceeding, when a person has an equity . . . in the statute to mean when transfer of ownership of the property takes place which, under section 45.031 . . .
. . . . § 45.031(2) the secured party/judgment creditor at a judicial sale was entitled to have the proceeds . . . Nor does Illinois have a statute akin to Fla.Stat. § 45.031(2). . . .