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Florida Statute 45.031 | Lawyer Caselaw & Research
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 45
CIVIL PROCEDURE: GENERAL PROVISIONS
View Entire Chapter
F.S. 45.031
45.031 Judicial sales procedure.In any sale of real or personal property under an order or judgment, the procedures provided in this section and ss. 45.0315-45.035 may be followed as an alternative to any other sale procedure if so ordered by the court.
(1) FINAL JUDGMENT.
(a) In the order or final judgment, the court shall direct the clerk to sell the property at public sale on a specified day that shall be not less than 20 days or more than 35 days after the date thereof, on terms and conditions specified in the order or judgment. A sale may be held more than 35 days after the date of final judgment or order if the plaintiff or plaintiff’s attorney consents to such time. The final judgment shall contain the following statement in conspicuous type:

IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT.

IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, IF ANY, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A TIMELY CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS.

(b) If the property being foreclosed on has qualified for the homestead tax exemption in the most recent approved tax roll, the final judgment shall additionally contain the following statement in conspicuous type:

IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE IN ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF THE COURT,   (INSERT INFORMATION FOR APPLICABLE COURT)   WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM THE FORECLOSURE SALE THAT THE CLERK HAS IN THE REGISTRY OF THE COURT.

IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY, YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REQUIRED TO SIGN, ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU, TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EQUITY IN YOUR PROPERTY WITHOUT THE PROPER INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY, YOU MAY CONTACT   (INSERT LOCAL OR NEAREST LEGAL AID OFFICE AND TELEPHONE NUMBER)   TO SEE IF YOU QUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU, THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT   (NAME OF LOCAL OR NEAREST LEGAL AID OFFICE)   FOR ASSISTANCE, YOU SHOULD DO SO AS SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE.

(c) A copy of the final judgment shall be furnished by the clerk by first-class mail to the last known address of every party to the action or to the attorney of record for such party. Any irregularity in such mailing, including the failure to include this statement in any final judgment or order, shall not affect the validity or finality of the final judgment or order or any sale held pursuant to the final judgment or order. Any sale held more than 35 days after the final judgment or order shall not affect the validity or finality of the final judgment or order or any sale held pursuant to such judgment or order.
(2) PUBLICATION OF SALE.Notice of sale shall be published on a publicly accessible website as provided in s. 50.0311 for at least 2 consecutive weeks before the sale or once a week for 2 consecutive weeks in a newspaper of general circulation, as provided in chapter 50, published in the county where the sale is to be held. The second publication by newspaper shall be at least 5 days before the sale. The notice shall contain:
(a) A description of the property to be sold.
(b) The time and place of sale.
(c) A statement that the sale will be made pursuant to the order or final judgment.
(d) The caption of the action.
(e) The name of the clerk making the sale.
(f) A statement that any person claiming an interest in the surplus from the sale, if any, other than the property owner as of the date of the lis pendens must file a claim before the clerk reports the surplus as unclaimed.

The court, in its discretion, may enlarge the time of the sale. Notice of the changed time of sale shall be published as provided herein.

(3) CONDUCT OF SALE; DEPOSIT REQUIRED.The sale shall be conducted at public auction at the time and place set forth in the final judgment. The clerk shall receive the service charge imposed in s. 45.035 for services in making, recording, and certifying the sale and title that shall be assessed as costs. At the time of the sale, the successful high bidder shall post with the clerk a deposit equal to 5 percent of the final bid. The deposit shall be applied to the sale price at the time of payment. If final payment is not made within the prescribed period, the clerk shall readvertise the sale as provided in this section and pay all costs of the sale from the deposit. Any remaining funds shall be applied toward the judgment.
(4) CERTIFICATION OF SALE.After a sale of the property the clerk shall promptly file a certificate of sale and serve a copy of it on each party in substantially the following form:

(Caption of Action)

CERTIFICATE OF SALE

The undersigned clerk of the court certifies that notice of public sale of the property described in the order or final judgment was published in  , a newspaper circulated in   County, Florida, in the manner shown by the proof of publication attached, and on  ,   (year)  , the property was offered for public sale to the highest and best bidder for cash. The highest and best bid received for the property in the amount of $  was submitted by  , to whom the property was sold. The proceeds of the sale are retained for distribution in accordance with the order or final judgment or law. WITNESS my hand and the seal of this court on  ,   (year)  .

  (Clerk)  

By   (Deputy Clerk)  

(5) CERTIFICATE OF TITLE.If no objections to the sale are filed within 10 days after filing the certificate of sale, the clerk shall file a certificate of title and serve a copy of it on each party in substantially the following form:

(Caption of Action)

CERTIFICATE OF TITLE

The undersigned clerk of the court certifies that he or she executed and filed a certificate of sale in this action on  ,   (year)  , for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections.

The following property in   County, Florida:

(description)

was sold to         .

WITNESS my hand and the seal of the court on  ,   (year)  .

  (Clerk)  

By   (Deputy Clerk)  

(6) CONFIRMATION; RECORDING.When the certificate of title is filed the sale shall stand confirmed, and title to the property shall pass to the purchaser named in the certificate without the necessity of any further proceedings or instruments. The certificate of title shall be recorded by the clerk.
(7) DISBURSEMENTS OF PROCEEDS.
(a) On filing a certificate of title, the clerk shall disburse the proceeds of the sale in accordance with the order or final judgment and shall file a report of such disbursements and serve a copy of it on each party, and on the Department of Revenue if the department was named as a defendant in the action or if the Department of Economic Opportunity or the former Agency for Workforce Innovation was named as a defendant while the Department of Revenue was providing reemployment assistance tax collection services under contract with the Department of Economic Opportunity or the former Agency for Workforce Innovation through an interagency agreement pursuant to s. 443.1316.
(b) The certificate of disbursements shall be in substantially the following form:

(Caption of Action)

CERTIFICATE OF DISBURSEMENTS

The undersigned clerk of the court certifies that he or she disbursed the proceeds received from the sale of the property as provided in the order or final judgment to the persons and in the amounts as follows:

Name     Amount

Total disbursements: $ 

Surplus retained by clerk, if any: $ 

IF YOU ARE A PERSON CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE, YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN THE DATE THAT THE CLERK REPORTS THE FUNDS AS UNCLAIMED. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. AFTER THE FUNDS ARE REPORTED AS UNCLAIMED, ONLY THE OWNER OF RECORD AS OF THE DATE OF THE LIS PENDENS MAY CLAIM THE SURPLUS.

WITNESS my hand and the seal of the court on  ,   (year)  .

  (Clerk)  

By   (Deputy Clerk)  

(c) If no objections to the report are served within 10 days after it is filed, the disbursements by the clerk shall stand approved as reported. If timely objections to the report are served, they shall be heard by the court. Service of objections to the report does not affect or cloud the title of the purchaser of the property in any manner.
(d) If there are funds remaining after payment of all disbursements required by the final judgment of foreclosure and shown on the certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315-45.035.
(8) VALUE OF PROPERTY.The amount of the bid for the property at the sale shall be conclusively presumed to be sufficient consideration for the sale. Any party may serve an objection to the amount of the bid within 10 days after the clerk files the certificate of sale. If timely objections to the bid are served, the objections shall be heard by the court. Service of objections to the amount of the bid does not affect or cloud the title of the purchaser in any manner. If the case is one in which a deficiency judgment may be sought and application is made for a deficiency, the amount bid at the sale may be considered by the court as one of the factors in determining a deficiency under the usual equitable principles.
(9) EXECUTION SALES.This section shall not apply to property sold under executions.
(10) ELECTRONIC SALES.The clerk may conduct the sale of real or personal property under an order or judgment pursuant to this section by electronic means. Such electronic sales shall comply with the procedures provided in this chapter, except that electronic proxy bidding shall be allowed and the clerk may require bidders to advance sufficient funds to pay the deposit required by subsection (3). The clerk shall provide access to the electronic sale by computer terminals open to the public at a designated location and shall accept an advance credit proxy bid from the plaintiff of any amount up to the maximum allowable credit bid of the plaintiff. A clerk who conducts such electronic sales may receive electronic deposits and payments related to the sale.
History.s. 1, ch. 67-254; s. 13, ch. 70-134; ss. 1-3, ch. 71-5; s. 1, ch. 77-354; s. 1, ch. 78-68; s. 1, ch. 85-267; s. 6, ch. 87-145; s. 1, ch. 93-250; s. 1, ch. 94-353; s. 1355, ch. 95-147; s. 2, ch. 99-6; s. 5, ch. 99-259; s. 1, ch. 2002-218; s. 1, ch. 2003-36; s. 45, ch. 2004-265; s. 1, ch. 2006-175; s. 1, ch. 2008-194; s. 43, ch. 2011-142; s. 3, ch. 2011-213; s. 33, ch. 2012-30; s. 2, ch. 2018-71; s. 10, ch. 2022-103.

F.S. 45.031 on Google Scholar

F.S. 45.031 on Casetext

Amendments to 45.031


Arrestable Offenses / Crimes under Fla. Stat. 45.031
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 45.031.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLINN, v. DOTY, A., 275 So. 3d 671 (Fla. App. Ct. 2019)

. . . 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 . . .

OLIVA, v. CHRISTIANA TRUST,, 275 So. 3d 774 (Fla. App. Ct. 2019)

. . . 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 . . .

BELL RANCH RESIDENTIAL LAND TRUST, v. BURRILL, 264 So. 3d 295 (Fla. App. Ct. 2019)

. . . Section 45.031(7)(d), Florida Statutes (2017), states, "If there are funds remaining after payment of . . .

OCEAN BANK, v. GATO,, 256 So. 3d 960 (Fla. App. Ct. 2018)

. . . 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 . . .

BANK OF NEW YORK MELLON, v. D. GLENVILLE a k a D. a k a, 252 So. 3d 1120 (Fla. 2018)

. . . ] 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. . . .

F. EDUARTEZ, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 251 So. 3d 227 (Fla. App. Ct. 2018)

. . . 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.) . . .

A. GREEN, v. SPECIALIZED LOAN SERVICING LLC,, 280 F. Supp. 3d 1349 (M.D. Fla. 2017)

. . . Property.. .to satisfy the.. .mortgage lien in accordance with the provisions of Florida Statutes § 45.031 . . .

COASTWIDE SERVICES, LLC, v. GOLDBERG,, 229 So. 3d 404 (Fla. Dist. Ct. App. 2017)

. . . redemption amount is not timely paid, the certificate of title will also follow as provided by section 45.031 . . .

KARAPETYAN v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 220 So. 3d 542 (Fla. Dist. Ct. App. 2017)

. . . The borrowers argue that the notice of the foreclosure sale did not comply with section 45.031(2), Florida . . .

BANK OF NEW YORK MELLON, f k a N. A. CWHEQ, CWHEQ D, v. D. GLENVILLE, a k a D. a k a S., 215 So. 3d 1284 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

IGBINADOLOR, v. DEUTSCHE BANK NATIONAL TRUST COMPANY,, 215 So. 3d 192 (Fla. Dist. Ct. App. 2017)

. . . foreclosure sale, where no objection was filed within ten days of date of sale pursuant to section 45.031 . . .

MCKNIGHT v. CHASE HOME FINANCE LLC,, 214 So. 3d 775 (Fla. Dist. Ct. App. 2017)

. . . 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 . . .

SHELTON, v. BANK OF NEW YORK MELLON f k a a E. E. E. T. N. A., 203 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . 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. . . .

LAWRENCE, v. NATIONSTAR MORTGAGE, LLC,, 197 So. 3d 150 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

ALUIA, v. DYCK- O NEAL, INC., 205 So. 3d 768 (Fla. Dist. Ct. App. 2016)

. . . . § 45.031(l)(a), Fla. Stat. (2014); Whitehurst v. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 190 So. 3d 999 (Fla. 2016)

. . . .;..., 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. . . .

STRAUB, v. WELLS FARGO BANK, N. A. JP f k a F. A. a, 182 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . .” § 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. . . .

POPESCU, v. LAGUNA MASTER ASSOCIATION, INC. St. LLC, S., 184 So. 3d 1196 (Fla. Dist. Ct. App. 2016)

. . . 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 . . .

RESIDENTIAL MORTGAGE SERVICING CORPORATION, v. WINTERLAKES PROPERTY OWNERS ASSOCIATION, INC. a, 169 So. 3d 253 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

U. S. BANK NATIONAL ASSOCIATION, J. P. v. RIOS AI- LLC,, 166 So. 3d 202 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

FIRSTBANK PUERTO RICO, d b a v. OTHON, 190 So. 3d 110 (Fla. Dist. Ct. App. 2015)

. . . . § 45.031(l)(a), Fla. Stat, (2008). Id. at 1054 (footnote omitted.) . . . .

L. SAULNIER F. v. BANK OF AMERICA, N. A., 187 So. 3d 854 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

SALAZAR, v. HSBC BANK, USA, NA,, 158 So. 3d 699 (Fla. Dist. Ct. App. 2015)

. . . explains: Florida case law is clear that the substance of an objection to a foreclosure sale under section 45.031 . . . See § 45.031, Fla. . . .

C. SKELTON, v. E. LYONS, Jr. J., 157 So. 3d 471 (Fla. Dist. Ct. App. 2015)

. . . 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 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 153 So. 3d 258 (Fla. 2014)

. . . 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 . . .

COND v. MAIN STREET FUND III, LLC,, 150 So. 3d 1254 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

J. DEVER A. v. WELLS FARGO BANK NATIONAL ASSOCIATION, As RBC USA, 147 So. 3d 1045 (Fla. Dist. Ct. App. 2014)

. . . 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 . . .

W. MATHEWS B. v. BRANCH BANKING TRUST CO., 139 So. 3d 498 (Fla. Dist. Ct. App. 2014)

. . . 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. . . .

IN RE F. CATALANO,, 510 B.R. 654 (Bankr. M.D. Fla. 2014)

. . . 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. . . .

B. LINDSEY, D. J. v. CADENCE BANK, N. A., 135 So. 3d 1164 (Fla. Dist. Ct. App. 2014)

. . . See § 45.031(4)-(5), Fla. Stat. . . .

C. ARCHER M. v. ALDRIDGE CONNORS, LLP,, 998 F. Supp. 2d 1360 (S.D. Fla. 2014)

. . . indebtedness to satisfy Plaintiffs mortgage lien in accordance with the provisions of Florida Statutes § 45.031 . . .

CHASE FINANCIAL SERVICES, LLC. v. S. EDELSBERG, J., 129 So. 3d 1139 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

ARSALI, v. CHASE HOME FINANCE LLC,, 121 So. 3d 511 (Fla. 2013)

. . . 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 . . .

H. ATWATER, v. CITY OF CAPE CORAL R. H. v. H. v. f k a, 120 So. 3d 595 (Fla. Dist. Ct. App. 2013)

. . . .; see also § 45.031(7)(d) (“If there are funds remaining after payment of all disbursements required . . .

HASSETT v. WELLS FARGO BANK, N. A. N. A., 114 So. 3d 499 (Fla. Dist. Ct. App. 2013)

. . . See § 45.031, Fla. Stat. (2011). Reversed and remanded. . . .

SOUTH BEACH MORTGAGE AND INVESTMENT CORPORATION, v. W. LEVINE, ANV LLC,, 109 So. 3d 879 (Fla. Dist. Ct. App. 2013)

. . . 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 . . .

HSBC BANK USA, NATIONAL ASSOCIATION, A v. NIXON, LLC,, 117 So. 3d 430 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

INDYMAC FEDERAL BANK FSB, v. HAGAN,, 104 So. 3d 1232 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

VARGAS, v. DEUTSCHE BANK NATIONAL TRUST CO., 104 So. 3d 1156 (Fla. Dist. Ct. App. 2012)

. . . See § 45.031, Fla. Stat. (2012) (governing judicial sales procedure); § 45.0315, Fla. . . .

E. GOTTLIEB, v. COCONUT GROVE BANK,, 93 So. 3d 1249 (Fla. Dist. Ct. App. 2012)

. . . and direct that the Clerk of the Court republish and reset the foreclosure sale, pursuant to, section 45.031 . . .

J. SIMONSON, v. PALM BEACH HOTEL CONDOMINIUM ASSOCIATION, INC. LLC,, 93 So. 3d 436 (Fla. Dist. Ct. App. 2012)

. . . 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). . . .

CASTELO DEVELOPMENT, LLC, v. AURORA LOAN SERVICES LLC, s, 85 So. 3d 515 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

ROYAL PALM CORPORATE CENTER ASSOCIATION, LTD. a a LLC, a LLC, a a V. III, v. PNC BANK, NA, NA,, 89 So. 3d 923 (Fla. Dist. Ct. App. 2012)

. . . 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 . . .

REGNER v. AMTRUST BANK,, 71 So. 3d 907 (Fla. Dist. Ct. App. 2011)

. . . Compare § 45.031(5), Fla. . . . days after filing the certificate of sale, the clerk shall file a certificate of title .... ”), with § 45.031 . . .

AVI- ISAAC, v. WELLS FARGO BANK, N. A., 59 So. 3d 174 (Fla. Dist. Ct. App. 2011)

. . . See § 45.031(5), Fla. . . .

JV, v. LITTLE HOUSE, LLC,, 50 So. 3d 691 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- FORM FINAL JUDGMENT OF FORECLOSURE, 51 So. 3d 1140 (Fla. 2010)

. . . (name of city)., Florida, in accordance with section 45.031, Florida Statutes, using the following method . . .

STL REALTY, LLC, v. BELLE PLAZA CONDOMINIUM ASSOCIATION, INC., 45 So. 3d 972 (Fla. Dist. Ct. App. 2010)

. . . See § 45.031(2), Fla. . . .

U. S. BANK NATIONAL ASSOCIATION, v. BJELJAC,, 43 So. 3d 851 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

TRIBECA LENDING CORPORATION, a v. REAL ESTATE DEPOT, INC. a, 42 So. 3d 258 (Fla. Dist. Ct. App. 2010)

. . . See § 45.031(3), Fla. Stat. . . .

LASALLE BANK NATIONAL ASSOCIATION, v. E. ALICEA a k a, 35 So. 3d 986 (Fla. Dist. Ct. App. 2010)

. . . Stat. 45.031. 14. . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE. In, 44 So. 3d 555 (Fla. 2010)

. . . -^(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). . . .

CANONICO, v. CALLAWAY E. W. ABC ABC,, 26 So. 3d 53 (Fla. Dist. Ct. App. 2010)

. . . (advising that the five-day time computation period for publication of notice of sale under section 45.031 . . .

REPUBLIC FEDERAL BANK, N. A. v. M. DOYLE, 19 So. 3d 1053 (Fla. Dist. Ct. App. 2009)

. . . . § 45.031(l)(a), Fla. Stat. (2008). See also Kosoy Kendall Assocs., LLC v. . . .

SHLISHEY THE BEST, INC. v. CITIFINANCIAL EQUITY SERVICES, INC., 14 So. 3d 1271 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

NATIONAL EQUITY RECOVERY SERVICES, INC. v. MIDFIRST BANK,, 8 So. 3d 406 (Fla. Dist. Ct. App. 2009)

. . . 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 . . .

PARROT COVE MARINA, LLC, v. DUNCAN SEAWALL DOCK BOATLIFT, INC., 978 So. 2d 811 (Fla. Dist. Ct. App. 2008)

. . . the Clerk of the Court shall advertise for and conduct a foreclosure sale in accordance with Section 45.031 . . .

M. SUDHOFF, v. FEDERAL NATIONAL MORTGAGE ASSOCIATION,, 942 So. 2d 425 (Fla. Dist. Ct. App. 2006)

. . . The final judgment of foreclosure provided: “The sale shall be held in accordance with § 45.031 Fla. . . .

In CLARKE,, 373 B.R. 769 (Bankr. S.D. Fla. 2006)

. . . . § 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. . . .

ACTION REALTY AND INVESTMENTS, INC. a v. GRANDISON, 930 So. 2d 674 (Fla. Dist. Ct. App. 2006)

. . . 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 . . .

VOSR INDUSTRIES, INC. v. MARTIN PROPERTIES, INC., 919 So. 2d 554 (Fla. Dist. Ct. App. 2005)

. . . Section 45.031 provides generally for judicial sales in foreclosure actions and states that the issuance . . .

MICHAEL DAVID IVEY, INC. v. SALAZAR, 903 So. 2d 329 (Fla. Dist. Ct. App. 2005)

. . . trial court did not abuse its discretion in declining to order a sale of property pursuant to section 45.031 . . .

CICORIA, v. A. GAZI, I., 901 So. 2d 282 (Fla. Dist. Ct. App. 2005)

. . . . § 45.031(4), Fla. Stat. (2000). . See Cueto v. . . .

YEMC CONSTRUCTION DEVELOPMENT, INC. v. INTER SER, U. S. A. INC. De, 884 So. 2d 446 (Fla. Dist. Ct. App. 2004)

. . . 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 . . .

J. PRIDGEN, v. FIRST UNION BANK,, 879 So. 2d 21 (Fla. Dist. Ct. App. 2004)

. . . See § 45.031(1), Fla. Stat. (2003). . . .

JRBL DEVELOPMENT, INC. v. MAIELLO f k a n, Co., 872 So. 2d 362 (Fla. Dist. Ct. App. 2004)

. . . . § 45.031(4), Fla. Stat. (2003). . . .

CORLEY v. RIVERTOWN, INC., 863 So. 2d 1244 (Fla. Dist. Ct. App. 2004)

. . . property at public sale to the highest bidder in accordance with the Judicial Sales Procedure, Section 45.031 . . .

RILEY, v. ASSOCIATES HOME EQUITY SERVICES, INC., 850 So. 2d 661 (Fla. Dist. Ct. App. 2003)

. . . Appellant argued “[sjection 45.031(1), F.S.1997, requires the second publication shall be at least 5 . . .

BANKERS TRUST COMPANY, v. T. EDWARDS,, 849 So. 2d 1160 (Fla. Dist. Ct. App. 2003)

. . . directed in the final judgment of foreclosure, is carried out in accordance with the provisions of section 45.031 . . . See § 45.031(9). . . .

INGORVAIA, v. C. HORTON,, 816 So. 2d 1256 (Fla. Dist. Ct. App. 2002)

. . . . § 45.031(1), Fla. Stat. (2000). . The Third District has also cited Moran-Alleen Co. v. . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . County in ., Florida, in accordance with section 45.031, Florida Statutes. 4. . . .

RYAN A. v. COUNTRYWIDE HOME LOANS, INC., 743 So. 2d 36 (Fla. Dist. Ct. App. 1999)

. . . Section 45.031, Florida Statutes (1997), requires that objections to a judicial sale be filed within . . .

BLATCHLEY, v. BOATMAN S NATIONAL MORTGAGE, INC., 706 So. 2d 317 (Fla. Dist. Ct. App. 1997)

. . . 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 . . .

CAPLAN v. W. NEUMANN, 699 So. 2d 1052 (Fla. Dist. Ct. App. 1997)

. . . See § 45.031(4), Fla. Stat. (1995); Nelson v. Santoro, 570 So.2d 1374 (Fla. 1st DCA 1990). . . .

SAIDI, v. J. WASKO W., 687 So. 2d 10 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

In REID,, 200 B.R. 265 (Bankr. S.D. Fla. 1996)

. . . judgment in state court which set a foreclosure sale pursuant to the judicial sales procedure in § 45.031 . . .

WAREHOUSES OF FLORIDA, INC. v. L. HENSCH L., 671 So. 2d 885 (Fla. Dist. Ct. App. 1996)

. . . support of their contention that they are entitled to the deficiency judgment, the Hensehes cite section 45.031 . . .

H. WILKEN, v. NORTH COUNTY COMPANY, INC. a By- FDIC, a, 670 So. 2d 181 (Fla. Dist. Ct. App. 1996)

. . . 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 . . .

BENNETT, v. WARD,, 667 So. 2d 378 (Fla. Dist. Ct. App. 1995)

. . . Outlining the procedure to be followed in a judicial sale, section 45.031(1), Florida Statutes (1991) . . .

In JAAR,, 186 B.R. 148 (Bankr. M.D. Fla. 1995)

. . . 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 . . .

EMANUEL, v. BANKERS TRUST COMPANY, N. A., 655 So. 2d 247 (Fla. Dist. Ct. App. 1995)

. . . 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 . . .

METROPLEX INVESTMENTS, INC. v. PRECISION EQUITY INVESTMENTS, INC., 647 So. 2d 304 (Fla. Dist. Ct. App. 1994)

. . . 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). . . .

INTERCONTINENTAL INVESTMENT BANKERS, INC. J. v. FIRST UNION NATIONAL BANK OF FLORIDA, a, 633 So. 2d 125 (Fla. Dist. Ct. App. 1994)

. . . Section 45.031, Fla.Stat. (1991). . . .

In RELATED PARTNERS PROPERTIES, INC. RELATED PARTNERS PROPERTIES, INC. v. PNC CORNERSTONE, INC. PNC, 163 B.R. 213 (S.D. Fla. 1993)

. . . . § 45.031(4); Allstate Mortgage Corporation of Florida v. Strasser, 286 So.2d 201 (Fla.1973). . . .

CSB REALTY, INC. v. EUROBUILDING CORPORATION,, 625 So. 2d 1275 (Fla. Dist. Ct. App. 1993)

. . . Schul- theis, 553 So.2d 1316, 1317 (Fla. 3d DCA 1989); § 45.031(1), Fla.Stat. (1991), it is well-settled . . .

T. BAUER, v. RESOLUTION TRUST CORPORATION, C. A. R., 621 So. 2d 521 (Fla. Dist. Ct. App. 1993)

. . . .-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 . . .

CENTRAL NATIONAL BANK, v. M. PALMER, III,, 806 F. Supp. 253 (M.D. Fla. 1992)

. . . foreclosed and the property sold to satisfy Plaintiff’s lien, in accordance with the provisions of Section 45.031 . . .

J. ROLFS, v. FIRST UNION NATIONAL BANK OF FLORIDA,, 604 So. 2d 1269 (Fla. Dist. Ct. App. 1992)

. . . Thereafter, on August 22, 1991, appellant filed an “Objection to the Foreclosure Sale Under Florida Statute 45.031 . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . County in ., Floridai in accordance with section 45.031, Florida Statutes. 4. . . .

WHITE, v. J. LOSCHIAVO Jr., 597 So. 2d 373 (Fla. Dist. Ct. App. 1992)

. . . court ordered a partition sale for October 8, 1990, at 11:00 a.m., and a notice of sale under section 45.031 . . .

A. ANDERSON, v. POTENTIAL ENTERPRISES, LTD., 596 So. 2d 488 (Fla. Dist. Ct. App. 1992)

. . . took place, Anderson was successful in having it set aside on the grounds, inter alia, that section 45.031 . . .

LIBERTY BUSINESS CREDIT CORPORATION, a v. SCHAFFER DUNADRY, a a U. S. a a a E. C., 589 So. 2d 451 (Fla. Dist. Ct. App. 1991)

. . . .” § 45.031(8), Fla.Stat. (1989). . . .

MARKS, v. UNITED STATES,, 24 Cl. Ct. 310 (Cl. Ct. 1991)

. . . . § 45.031(5) (West 1991). . . .

CCC PROPERTIES, INC. F. B. v. M. KANE,, 582 So. 2d 159 (Fla. Dist. Ct. App. 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 . . .

J. NELSON, v. E. SANTORA,, 570 So. 2d 1374 (Fla. Dist. Ct. App. 1990)

. . . Section 45.031(4), Florida Statutes, provides for issuance of a certificate of title within 10 days by . . .

COMMUNITY BANK OF HOMESTEAD, a v. M. VALOIS, R. a, 570 So. 2d 300 (Fla. Dist. Ct. App. 1990)

. . . 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). . . .

FLORIDA NATIONAL BANK v. NEB OF WPB NO. INC., 43 Fla. Supp. 2d 174 (Fla. Cir. Ct. 1990)

. . . to the highest bidder for cash or for the amount of the judgment herein, in accordance with Section 45.031 . . .

SULKOWSKI v. SULKOWSKI,, 561 So. 2d 416 (Fla. Dist. Ct. App. 1990)

. . . 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). . . .

A. RILEY, v. W. E. GRISSETT, Jr., 556 So. 2d 473 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

In VANDEVENDER s HOAGLAND, v. ILLINOIS GUARANTEE SAVINGS LOAN, s, 87 B.R. 59 (Bankr. S.D. Ill. 1988)

. . . . § 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). . . .