Florida Statute 45.31 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

(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 Commerce 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 Commerce 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; s. 11, ch. 2024-6.

F.S. 45.031 on Google Scholar

F.S. 45.031 on CourtListener

Amendments to 45.031

Annotations, Discussions, Cases:

Cases Citing Statute 45.031

Total Results: 178

Indymac Federal Bank FSB v. Hagan

104 So. 3d 1232, 2012 WL 6602661, 2012 Fla. App. LEXIS 21693

District Court of Appeal of Florida | Filed: Dec 19, 2012 | Docket: 60227376

Cited 25 times | Published

procedures governing judicial sales are outlined in section 45.031, Florida Statutes (2012). With respect to the

In Re Chambers

27 B.R. 687, 10 Bankr. Ct. Dec. (CRR) 382, 1983 Bankr. LEXIS 6737

United States Bankruptcy Court, S.D. Florida. | Filed: Feb 24, 1983 | Docket: 1089109

Cited 25 times | Published

mortgagor may exercise the right of redemption, Florida Statute 45.031, "Judicial Sales Procedure," provides,

ALLSTATE MORTGAGE CORPORATION OF FLA. v. Strasser

286 So. 2d 201, 1973 Fla. LEXIS 4144

Supreme Court of Florida | Filed: Nov 28, 1973 | Docket: 1714519

Cited 25 times | Published

recited by that Court to be: "[W]hether Fla. Stat. § 45.031 as amended by chapter 71-5, Laws of Florida 1971

In Re Jaar

186 B.R. 148, 1995 Bankr. LEXIS 1269, 1995 WL 534618

United States Bankruptcy Court, M.D. Florida | Filed: Jun 30, 1995 | Docket: 1111643

Cited 20 times | Published

to the judicial sales procedure set out in section 45.031, Florida Statutes. The public sale was conducted

Perdido Bay Country Club Estates, Inc. v. Equitable Trust Co. (In Re Perdido Bay Country Club Estates, Inc.)

23 B.R. 36, 1982 Bankr. LEXIS 3494, 9 Bankr. Ct. Dec. (CRR) 708

United States Bankruptcy Court, S.D. Florida. | Filed: Aug 19, 1982 | Docket: 411893

Cited 18 times | Published

Secondly, a foreclosure sale conducted under § 45.031, Florida Statutes, as this one was, is subject

In Re Amendments to Fla. Rules Civ. Proc.

604 So. 2d 1110, 1992 WL 163953

Supreme Court of Florida | Filed: Jul 16, 1992 | Docket: 1686576

Cited 15 times | Published

__________________, Florida, in accordance with section 45.031, Florida Statutes. 4. Plaintiff shall advance

In Re Johnson

29 B.R. 104, 1983 Bankr. LEXIS 6698

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 2, 1983 | Docket: 1485013

Cited 15 times | Published

until the statutory right of redemption expires. § 45.031(3), Florida Statutes; All-state Mortgage Corp

Allstate Mortgage Corp. of Florida v. Strasser

277 So. 2d 843

District Court of Appeal of Florida | Filed: Apr 17, 1973 | Docket: 1730529

Cited 15 times | Published

to the day of sale, in view of the amendment to § 45.031(1), Fla. Stat., F.S.A., effective January 1, 1972

Emanuel v. Bankers Trust Co., NA

655 So. 2d 247, 1995 Fla. App. LEXIS 6132, 1995 WL 335707

District Court of Appeal of Florida | Filed: Jun 7, 1995 | Docket: 217730

Cited 14 times | Published

time Strasser was decided, under then-existing section 45.031(1), Florida Statutes (1973), there was a legislative

Tribeca Lending Corp. v. Real Estate Depot, Inc.

42 So. 3d 258, 2010 Fla. App. LEXIS 10336, 2010 WL 2882402

District Court of Appeal of Florida | Filed: Jul 14, 2010 | Docket: 1647342

Cited 13 times | Published

judgment. TAYLOR and MAY, JJ., concur. NOTES [1] See § 45.031(3), Fla. Stat.

CCC Properties, Inc. v. Kane

582 So. 2d 159, 1991 WL 120802

District Court of Appeal of Florida | Filed: Jul 10, 1991 | Docket: 1716097

Cited 13 times | Published

the judgment which ordered the judicial sale. Section 45.031, Florida Statutes (1989) contains the procedure

Sun Bank/Suncoast v. Construction Leasing & Investment Corp. (In Re Construction Leasing & Investment Corp.)

20 B.R. 546, 1982 Bankr. LEXIS 4008

United States Bankruptcy Court, M.D. Florida | Filed: Jun 2, 1982 | Docket: 1424958

Cited 13 times | Published

the Certificate of Sale as required by Fla.Stat. § 45.031(2). However, prior to the filing of the Certificate

Matter of First Dade Corp.

17 B.R. 887, 1982 Bankr. LEXIS 4676

United States Bankruptcy Court, M.D. Florida | Filed: Mar 3, 1982 | Docket: 1459567

Cited 12 times | Published

Certificate of Sale as required by the Statute § 45.031 et seq., however, before the Certificate of Title

Provident Nat. Bank v. THUNDERBIRD ASS'N

364 So. 2d 790

District Court of Appeal of Florida | Filed: Nov 8, 1978 | Docket: 1513892

Cited 12 times | Published

Clerk "to the highest bidder" in accordance with F.S. 45.031. Numbered paragraph four of the final judgment

Sulkowski v. Sulkowski

561 So. 2d 416, 1990 WL 60905

District Court of Appeal of Florida | Filed: May 11, 1990 | Docket: 1740146

Cited 11 times | Published

after having first given notice as required by Section 45.031, Florida Statutes, such sale to be pursuant

Arsali v. Chase Home Finance LLC

121 So. 3d 511, 38 Fla. L. Weekly Supp. 562, 2013 WL 3466800, 2013 Fla. LEXIS 1428

Supreme Court of Florida | Filed: Jul 11, 2013 | Docket: 60234442

Cited 10 times | Published

judicial sale with the trial court, pursuant to section 45.031, Florida Statutes (2010). The borrowers’ objection

In Re Amendments to Rules of Civil Procedure

458 So. 2d 245

Supreme Court of Florida | Filed: Nov 15, 1984 | Docket: 1452161

Cited 10 times | Published

_______________ Florida in accordance with section 45.031, Florida Statutes. 4. Plaintiff shall advance

Republic Federal Bank, N.A. v. Doyle

19 So. 3d 1053, 2009 Fla. App. LEXIS 14525, 2009 WL 3102130

District Court of Appeal of Florida | Filed: Sep 30, 2009 | Docket: 1651923

Cited 9 times | Published

days after the date" of the order or judgment. § 45.031(1)(a), Fla. Stat. (2008). See also Kosoy Kendall

COOPER SMITH PROP., LTD. v. Flower's Baking Co.

432 So. 2d 683

District Court of Appeal of Florida | Filed: Jun 2, 1983 | Docket: 712324

Cited 9 times | Published

3d DCA 1978). Neither do we find anything in section 45.031, Florida Statutes (1981), that requires a mortgagor

Saidi v. Wasko

687 So. 2d 10, 1996 WL 660587

District Court of Appeal of Florida | Filed: Nov 15, 1996 | Docket: 1718453

Cited 7 times | Published

582 So.2d 159 (Fla. 4th DCA 1991). Former section 45.031 and current section 45.0315, which govern the

Bennett v. Ward

667 So. 2d 378, 1995 WL 706849

District Court of Appeal of Florida | Filed: Dec 4, 1995 | Docket: 2555174

Cited 7 times | Published

procedure to be followed in a judicial sale, section 45.031(1), Florida Statutes (1991) recognized a right

Liberty Bus. Credit Corp. v. Schaffer/Dunadry

589 So. 2d 451, 1991 WL 244653

District Court of Appeal of Florida | Filed: Nov 20, 1991 | Docket: 2516703

Cited 7 times | Published

deficiency under the usual equitable principles." § 45.031(8), Fla. Stat. (1989). In foreclosure cases, there

Sarasota Land Co. v. Barnett Bank of Sarasota, N.A. (In Re Sarasota Land Co.)

36 B.R. 563, 1983 Bankr. LEXIS 4961

United States Bankruptcy Court, M.D. Florida | Filed: Nov 23, 1983 | Docket: 1386039

Cited 7 times | Published

without the necessity of further proceedings. § 45.031 Fla.Stat. (1981); see, Matter of First Dade Corp

FLAGSHIP STATE BANK, ETC. v. Drew Equipment Co.

392 So. 2d 609

District Court of Appeal of Florida | Filed: Jan 21, 1981 | Docket: 1268665

Cited 7 times | Published

no objections are filed. § 45.031, Fla. Stat. [3] In 1971, section 45.031(7), Florida Statutes, was

Royal Palm Corporate Center Ass'n v. PNC Bank, NA

89 So. 3d 923, 2012 Fla. App. LEXIS 4471, 2012 WL 933060

District Court of Appeal of Florida | Filed: Mar 21, 2012 | Docket: 60308850

Cited 6 times | Published

next available sale date in accordance with Section 45.031, Florida Statutes. The court reserved jurisdiction

Shlishey the Best, Inc. v. CitiFinancial Equity Services, Inc.

14 So. 3d 1271, 2009 Fla. App. LEXIS 9340, 2009 WL 1940759

District Court of Appeal of Florida | Filed: Jul 8, 2009 | Docket: 1650514

Cited 6 times | Published

within ten days and sustained by the court. See § 45.031(5), Fla. Stat. (2008) (providing that the certificate

Vosr Industries v. Martin Properties

919 So. 2d 554, 2005 WL 3533675

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 1678615

Cited 6 times | Published

statutes touching on this right of redemption. Section 45.031 provides generally for judicial sales in foreclosure

Ingorvaia v. Horton

816 So. 2d 1256, 2002 WL 1072105

District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1557658

Cited 6 times | Published

and no later than thirty-five days thereafter. § 45.031(1), Fla. Stat. (2000). [2] The Third District

In Re Campbell

82 B.R. 614, 1988 Bankr. LEXIS 103

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 27, 1988 | Docket: 1794073

Cited 6 times | Published

become final under the provisions of Fla.Stat. § 45.031(1)-(5). Under this statute, the clerk advertises

In Re Orlando Tennis World Development Co., Inc.

34 B.R. 558, 9 Collier Bankr. Cas. 2d 816, 1983 Bankr. LEXIS 5066

United States Bankruptcy Court, M.D. Florida | Filed: Nov 9, 1983 | Docket: 946003

Cited 6 times | Published

Rosen v. Hunter, 227 So.2d 689 (Fla.App.1969). F.S. 45.031(a), enacted in 1977 and governing judicial sales

Fara Mfg. Co. v. FIRST FEDERAL S. & L. ASS'N

366 So. 2d 164

District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 1227218

Cited 6 times | Published

was properly entered.[1] Affirmed. NOTES [1] Section 45.031(7), Florida Statutes (1977), states: "VALUE

Spencer v. American Advisory Corp.

338 So. 2d 62

District Court of Appeal of Florida | Filed: Sep 21, 1976 | Docket: 455426

Cited 6 times | Published

is one of the factors to be considered. See Section 45.031(7) Florida Statutes (1975); R.K. Cooper Construction

Mathews v. Branch Banking & Trust Co.

139 So. 3d 498, 2014 WL 2536831, 2014 Fla. App. LEXIS 8629

District Court of Appeal of Florida | Filed: Jun 6, 2014 | Docket: 60241163

Cited 5 times | Published

days after the foreclosure sale as required by section 45.031(7)(b), Florida Statutes (2010). Trial Court

In Re Amendments to the Florida Rules of Civil Procedure

44 So. 3d 555, 2010 WL 455295

Supreme Court of Florida | Filed: Jun 3, 2010 | Docket: 2398664

Cited 5 times | Published

after public auction is added to the form. See § 45.031(1), Fla. Stat. (2009). Additionally, to conform

Sudhoff v. FEDERAL NAT. MORTG. ASS'N

942 So. 2d 425, 2006 WL 2986301

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 1470451

Cited 5 times | Published

provided: "The sale shall be held in accordance with § 45.031 Fla. Stat. (1995), and upon the Clerk filing the

ACTION REALTY AND INVESTMENTS v. Grandison

930 So. 2d 674, 2006 WL 625590

District Court of Appeal of Florida | Filed: Mar 15, 2006 | Docket: 1469674

Cited 5 times | Published

judgment. Within the ten day time permitted under section 45.031(4), Florida Statutes, for filing objections

LAWYERS PROF. LIAB. INS. CO. v. McKenzie

470 So. 2d 752, 10 Fla. L. Weekly 1339

District Court of Appeal of Florida | Filed: May 28, 1985 | Docket: 1676546

Cited 5 times | Published

resolved by reference to section 45.031, Florida Statutes (1983). Section 45.031(1) outlines the procedure

Avi-Isaac v. Wells Fargo Bank, N.A.

59 So. 3d 174, 2011 WL 711061

District Court of Appeal of Florida | Filed: Mar 2, 2011 | Docket: 60299619

Cited 4 times | Published

is*176sued a certificate of title to Avi-Isaac. See § 45.031(5), Fla. Stat. (2008) (providing that “[i]f no

In Re Clarke

373 B.R. 769, 56 Collier Bankr. Cas. 2d 315, 19 Fla. L. Weekly Fed. B 198, 2006 Bankr. LEXIS 792

United States Bankruptcy Court, S.D. Florida. | Filed: Mar 24, 2006 | Docket: 1845457

Cited 4 times | Published

the foreclosure sale as set forth in Fla. Stat. § 45.031(4), the effect of which Objection to Sale was

Corley v. Rivertown, Inc.

863 So. 2d 1244, 2004 WL 19495

District Court of Appeal of Florida | Filed: Jan 2, 2004 | Docket: 1431960

Cited 4 times | Published

accordance with the Judicial Sales Procedure, Section 45.031, Florida Statutes. *1246 Moreover, each party

In Re Reid

200 B.R. 265, 10 Fla. L. Weekly Fed. B 68, 1996 Bankr. LEXIS 1110

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 10, 1996 | Docket: 1421890

Cited 4 times | Published

sale pursuant to the judicial sales procedure in § 45.031, Florida Statutes. The public sale was conducted

Related Partners Properties, Inc. v. PNC Cornerstone, Inc. (In Re Related Partners Properties, Inc.)

163 B.R. 213, 1993 U.S. Dist. LEXIS 18959, 1993 WL 563843

District Court, S.D. Florida | Filed: Dec 2, 1993 | Docket: 1768194

Cited 4 times | Published

default. In re Outten at pg. 12, citing, Fla.Stat. § 45.031(4); Allstate Mortgage Corporation of Florida v

Central National Bank v. Palmer

806 F. Supp. 253, 1992 U.S. Dist. LEXIS 17507, 1992 WL 334059

District Court, M.D. Florida | Filed: Nov 9, 1992 | Docket: 1343604

Cited 4 times | Published

lien, in accordance with the provisions of Section 45.031, Florida Statutes. 8. Plaintiff shall certify

Nelson v. Santora

570 So. 2d 1374, 1990 WL 197981

District Court of Appeal of Florida | Filed: Dec 10, 1990 | Docket: 1704160

Cited 4 times | Published

before the certificate of title can issue. Section 45.031(4), Florida Statutes, provides for issuance

In Re Trust No. 101b

77 B.R. 973, 1987 Bankr. LEXIS 1472

United States Bankruptcy Court, S.D. Florida. | Filed: Sep 15, 1987 | Docket: 1867700

Cited 4 times | Published

have redeemed its interest in the Property. Section 45.031, Florida Statutes, provides a right of redemption

Islamorada Bank v. Rodriguez

452 So. 2d 61, 1984 Fla. App. LEXIS 13394

District Court of Appeal of Florida | Filed: May 22, 1984 | Docket: 1517678

Cited 4 times | Published

redeem the property at any time before the sale." § 45.031(1), Fla. Stat. (1983). This statute has been construed

John Crescent, Inc. v. Peterson

401 So. 2d 1150

District Court of Appeal of Florida | Filed: Jul 29, 1981 | Docket: 1289981

Cited 4 times | Published

the judicial sale. Prior to the amendment to Section 45.031(1), Florida Statutes (1971), the statute did

U.S. Bank National Ass'n v. Rios

166 So. 3d 202, 2015 Fla. App. LEXIS 8768, 2015 WL 3609892

District Court of Appeal of Florida | Filed: Jun 10, 2015 | Docket: 2663355

Cited 3 times | Published

(Fla.1954) (emphasis added). Further, although section 45.031(5), Florida Statutes (2013), provides for the

Lindsey v. Cadence Bank, N. A.

135 So. 3d 1164, 2014 WL 1632241, 2014 Fla. App. LEXIS 6018

District Court of Appeal of Florida | Filed: Apr 24, 2014 | Docket: 60239456

Cited 3 times | Published

are statutory forms for the certificates. See § 45.031(4)-(5), Fla. Stat. Accordingly, even though the

Michael David Ivey, Inc. v. Salazar

903 So. 2d 329, 2005 WL 1364851

District Court of Appeal of Florida | Filed: Jun 10, 2005 | Docket: 1485876

Cited 3 times | Published

declining to order a sale of property pursuant to section 45.031, Florida Statutes. AFFIRMED in part; REVERSED

Riley v. Grissett

556 So. 2d 473, 1990 WL 7629

District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 542761

Cited 3 times | Published

public sale of the property in accordance with section 45.031, Fla. Stat. (1987) and that day a certificate

In Re Martinez

76 B.R. 217, 1987 Bankr. LEXIS 1206

United States Bankruptcy Court, S.D. Florida. | Filed: May 22, 1987 | Docket: 1097050

Cited 3 times | Published

of the clerk's certificate of sale. Fla.Stat. § 45.031(8). The State court as a court of equity has the

Engels v. Valdesuso

497 So. 2d 698, 11 Fla. L. Weekly 2325

District Court of Appeal of Florida | Filed: Nov 4, 1986 | Docket: 1238981

Cited 3 times | Published

review dismissed, 438 So.2d 831 (Fla. 1983); § 45.031(1), Fla. Stat. (1985); cf. John Stepp, Inc., 379

Matter of Roberson

53 B.R. 37, 1985 Bankr. LEXIS 5474

United States Bankruptcy Court, M.D. Florida | Filed: Aug 20, 1985 | Docket: 1856402

Cited 3 times | Published

Clerk of the Court files a Certificate of Title, F.S. 45.031(4) 1984. The Certificate of Title is filed by

Federal Deposit Ins. Corp. v. Circle Bar Ranch, Inc.

450 So. 2d 921

District Court of Appeal of Florida | Filed: Jun 7, 1984 | Docket: 1728998

Cited 3 times | Published

judicial sale held pursuant to court order under section 45.031, Florida Statutes, (1981), the security property

GAIL FLINN v. KEVIN DOTY, as Curator of the Estate of Robert A. Flinn

275 So. 3d 671

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897435

Cited 2 times | Published

lien and not a mortgage, section 45.031 sets the procedures. Section 45.031(8), Florida Statutes (2018)

Aluia v. Dyck-O'Neal, Inc.

205 So. 3d 768, 2016 Fla. App. LEXIS 10881

District Court of Appeal of Florida | Filed: Jul 15, 2016 | Docket: 4111232

Cited 2 times | Published

89 So.3d at 928, 929-30; cf. § 45.031(l)(a), Fla. Stat. (2014); Whitehurst v.

In re Catalano

510 B.R. 654, 25 Fla. L. Weekly Fed. B 17, 2014 Bankr. LEXIS 2448, 2014 WL 2566911

United States Bankruptcy Court, M.D. Florida | Filed: Jun 5, 2014 | Docket: 65786296

Cited 2 times | Published

judicial foreclosure procedures, set forth in Section 45.031 of the Florida Statutes, authorize the sale

Archer v. Connors

998 F. Supp. 2d 1360, 2014 U.S. Dist. LEXIS 26875, 2014 WL 721486

District Court, S.D. Florida | Filed: Feb 26, 2014 | Docket: 65997604

Cited 2 times | Published

accordance with the provisions of Florida Statutes § 45.031 (2006) ... *1362¶ 26; see [DE 1-1]. Attached to

Regner v. Amtrust Bank

71 So. 3d 907, 2011 Fla. App. LEXIS 15383, 2011 WL 4467534

District Court of Appeal of Florida | Filed: Sep 28, 2011 | Docket: 60303167

Cited 2 times | Published

the defendants’ arguments and reverse. Compare § 45.031(5), Fla. Stat. (2010) (“If no objections to the

U.S. Bank National Ass'n v. Bjeljac

43 So. 3d 851, 2010 Fla. App. LEXIS 12917, 2010 WL 3446871

District Court of Appeal of Florida | Filed: Sep 3, 2010 | Docket: 60295498

Cited 2 times | Published

Inc., 287 So.2d 352, 353 (Fla. 3d DCA 1973). Section 45.031(8), Florida Statutes (2009), provides that

National Equity Recovery Services, Inc. v. Midfirst Bank

8 So. 3d 406, 2009 WL 690661

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1654705

Cited 2 times | Published

the total disbursements and the surplus, if any. § 45.031(7)(b), Fla. Stat. (2007). The required statutory

Parrot Cove Marina v. Duncan Seawall Dock

978 So. 2d 811, 2008 Fla. App. LEXIS 2224, 2008 WL 441948

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 2561098

Cited 2 times | Published

conduct a foreclosure sale in accordance with Section 45.031(1), Florida Statutes. On July 20, 2006, Duncan

Cicoria v. Gazi

901 So. 2d 282, 2005 WL 991713

District Court of Appeal of Florida | Filed: Apr 29, 2005 | Docket: 541178

Cited 2 times | Published

Partners, 777 So.2d 1096 (Fla. 4th DCA 2001). [10] § 45.031(4), Fla. Stat. (2000). [11] See Cueto v. Manufacturers

JRBL Development, Inc. v. Maiello

872 So. 2d 362, 2004 WL 868505

District Court of Appeal of Florida | Filed: Apr 23, 2004 | Docket: 1357004

Cited 2 times | Published

days in which to file an objection to the sale. § 45.031(4), Fla. Stat. (2003). If a party files an objection

White v. Loschiavo

597 So. 2d 373, 1992 WL 73501

District Court of Appeal of Florida | Filed: Apr 15, 1992 | Docket: 1350289

Cited 2 times | Published

at 11:00 a.m., and a notice of sale under section 45.031, Florida Statutes, was published. In its order

Community Bank of Homestead v. Valois

570 So. 2d 300, 1990 WL 49845

District Court of Appeal of Florida | Filed: Nov 27, 1990 | Docket: 1349460

Cited 2 times | Published

So.2d 1296, 1305 (Fla.1st DCA 1990). See also § 45.031(8), Fla. Stat. (1989); 55 Am.Jur.2d Mortgages

Surratt v. Fleming

309 So. 2d 614

District Court of Appeal of Florida | Filed: Mar 12, 1975 | Docket: 1770612

Cited 2 times | Published

successful bidder at the sale which was held under Section 45.031, Florida Statutes. Appellees did not attend

The Bank of New York Mellon, etc. v. Dianne D. Glenville A/K/A Diane D. Glenville A/K/A Diane Glenville

252 So. 3d 1120

Supreme Court of Florida | Filed: Sep 6, 2018 | Docket: 7813518

Cited 1 times | Published

District Court of Appeal concluded that, under section 45.031, the subordinate lienholder's claim was untimely

Bank of New York Mellon v. Glenville

215 So. 3d 1284, 2017 WL 1493788, 2017 Fla. App. LEXIS 5795

District Court of Appeal of Florida | Filed: Apr 26, 2017 | Docket: 60264596

Cited 1 times | Published

bank’s claim was untimely, we affirm. Under section 45.031(7)(b), Florida Statutes (2015), any person

Shelton v. The Bank of New York Mellon

203 So. 3d 1003, 2016 Fla. App. LEXIS 16641

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486972

Cited 1 times | Published

issue, section 45.031, Florida Statutes (2014), is the operative statute in this case. Section 45.031 is

Suzana Popescu v. Laguna Master Association, Inc., St. Michael Properties, LLC, Supreme Title & Escrow, Inc. and Fay S. Morrison

184 So. 3d 1196, 2016 Fla. App. LEXIS 229, 2016 WL 72531

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026014

Cited 1 times | Published

within ten days of the sale, as required by section 45.031(5), Florida Statutes (2013). Applying our decision

Skelton v. Lyons

157 So. 3d 471, 2015 Fla. App. LEXIS 1777, 2015 WL 574248

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633527

Cited 1 times | Published

allowed to object to a foreclosure sale under section 45.031, Florida Statutes (2013), “the substance of

Skelton v. Lyons

157 So. 3d 471, 2015 Fla. App. LEXIS 1777, 2015 WL 574248

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633527

Cited 1 times | Published

allowed to object to a foreclosure sale under section 45.031, Florida Statutes (2013), “the substance of

Atwater v. City of Cape Coral

120 So. 3d 595, 2013 WL 3449645

District Court of Appeal of Florida | Filed: Jul 10, 2013 | Docket: 60234146

Cited 1 times | Published

2006-175 § 2, at 6-8, Laws of Fla.; see also § 45.031(7)(d) (“If there are funds remaining after payment

Vargas v. Deutsche Bank National Trust Co.

104 So. 3d 1156, 2012 WL 5933055, 2012 Fla. App. LEXIS 20336

District Court of Appeal of Florida | Filed: Nov 28, 2012 | Docket: 60227350

Cited 1 times | Published

consider once this judgment became final.5 See § 45.031, Fla. Stat. (2012) (governing judicial sales procedure);

Stl Realty, LLC v. Belle Plaza Condominium Association, Inc.

45 So. 3d 972, 2010 Fla. App. LEXIS 15554, 2010 WL 3985027

District Court of Appeal of Florida | Filed: Oct 13, 2010 | Docket: 2584122

Cited 1 times | Published

by law made as part of a foreclosure bid. See § 45.031(2), Fla. Stat. (2009) *973 (requiring a successful

LaSalle Bank National Ass'n v. Alicea

35 So. 3d 986, 2010 Fla. App. LEXIS 7017, 2010 WL 2008828

District Court of Appeal of Florida | Filed: May 21, 2010 | Docket: 1645857

Cited 1 times | Published

within the ten (10) days in compliance with Fla. Stat. 45.031. 14. The Court held no hearing on the Objection

Palacios v. FLORIDA FUNDING TRUST

32 So. 3d 167, 2010 Fla. App. LEXIS 3904, 2010 WL 1135900

District Court of Appeal of Florida | Filed: Mar 26, 2010 | Docket: 1662430

Cited 1 times | Published

modified after the sale was held. He cited section 45.031, Florida Statutes (2007), which states that

Canonico v. Callaway

26 So. 3d 53, 38 Media L. Rep. (BNA) 1339, 2010 Fla. App. LEXIS 8, 2010 WL 21170

District Court of Appeal of Florida | Filed: Jan 6, 2010 | Docket: 1115433

Cited 1 times | Published

period for publication of notice of sale under section 45.031(1), Florida Statutes (1993), should be computed

Blatchley v. BOATMAN'S NAT. MORTG., INC.

706 So. 2d 317, 1997 Fla. App. LEXIS 14113, 1997 WL 777718

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1280421

Cited 1 times | Published

amount on January 9, or on any other date. Section 45.031 required that the final judgment of foreclosure

Blatchley v. BOATMAN'S NAT. MORTG., INC.

706 So. 2d 317, 1997 Fla. App. LEXIS 14113, 1997 WL 777718

District Court of Appeal of Florida | Filed: Dec 19, 1997 | Docket: 1280421

Cited 1 times | Published

amount on January 9, or on any other date. Section 45.031 required that the final judgment of foreclosure

Roy v. Federal National Mortgage Ass'n

76 B.R. 188, 1987 Bankr. LEXIS 1230

United States Bankruptcy Court, N.D. Florida | Filed: Jul 28, 1987 | Docket: 1097489

Cited 1 times | Published

was conducted February 11, 1986, pursuant to Section 45.031, Florida Statutes, at which FNMA purchased

Sun First National Bank of Orlando v. RGC

348 So. 2d 620

District Court of Appeal of Florida | Filed: Jul 8, 1977 | Docket: 1760629

Cited 1 times | Published

Appellant-mortgagor contends, however, that Section 45.031(7), Florida Statutes (1975), is determinative

Heritage Family Pub, Inc. v. First Federal Savings & Loan Ass'n of Clearwater

315 So. 2d 558, 1975 Fla. App. LEXIS 14306

District Court of Appeal of Florida | Filed: Jun 25, 1975 | Docket: 64548024

Cited 1 times | Published

27, 1975, the defendant, pursuant to Fla.Stat. § 45.031(3), filed objections contending his petition in

Walters v. Gallman

286 So. 2d 275

District Court of Appeal of Florida | Filed: Dec 14, 1973 | Docket: 1714587

Cited 1 times | Published

exercised "before the sale", as set forth in F.S. Section 45.031(1), F.S.A., which provides, in part, as follows:

Upland Ventures, Inc. v. HSBC Bank USA, National Association, as Trustee for Ace Securities Corp. Home Equity Loan Trust, Series 2007-Sl2 Asset Backed

District Court of Appeal of Florida | Filed: Aug 15, 2025 | Docket: 71116791

Published

with certain exceptions, in accordance with section 45.031, Florida Statutes.1 The Final Judgment further

Garey Nehrke v. Leisureville Community Association, Inc.

District Court of Appeal of Florida | Filed: Jun 11, 2025 | Docket: 70513230

Published

foreclosure sale. The homeowner argues that under section 45.031(8), Florida Statutes (2024), the trial court

Distressed Investments, LLC v. US Bank Trust, N.A.

District Court of Appeal of Florida | Filed: Jul 10, 2024 | Docket: 68439665

Published

deficiency judgment]. (Emphasis added). Section 45.031(7)(a), Florida Statutes (2022), provides: “On

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Supreme Court of Florida | Filed: Jan 18, 2024 | Docket: 68152549

Published

reports the funds as unclaimed” to conform with section 45.031(1)(a), Florida Statutes (2023). Further

In Re: Amendments to Florida Rules of Civil Procedure - Forms 1.996(a) and 1.996(b)

Supreme Court of Florida | Filed: Jan 11, 2024 | Docket: 68152549

Published

reports the funds as unclaimed” to conform with section 45.031(1)(a), Florida Statutes (2023). Further

G & G 1016 LLC v. HERON BAY COMMUNITY ASSOCIATION

District Court of Appeal of Florida | Filed: Apr 5, 2023 | Docket: 66761090

Published

the motion “merely recite[d] Florida Statute § 45.031.” Judge Lopane denied the Amended Motion.

CEDRIC MCINTYRE, etc. v. CIT BANK, N.A.

District Court of Appeal of Florida | Filed: Jan 4, 2023 | Docket: 66698523

Published

sales must be raised within 10 days of the sale. § 45.031(8), Fla. Stat. The borrower argues that the stay

MARIA J. LLERENA-MOLINA v. HSBC BANK USA, N.A., etc.

District Court of Appeal of Florida | Filed: Nov 23, 2022 | Docket: 65879062

Published

of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred

COLUMBUS APARTMENTS, LLC, etc. v. MJM STRUCTURAL CORP., etc.

District Court of Appeal of Florida | Filed: Jul 27, 2022 | Docket: 64435974

Published

motion be treated as an objection to sale. See § 45.031, Fla. Stat. (2021) (authorizing any party to file

FELIX MONTALVO v. DEUTSCHE BANK NATIONAL TRUST COMPANY, etc.

District Court of Appeal of Florida | Filed: Jun 29, 2022 | Docket: 63556648

Published

part and parcel of the negotiated terms. See § 45.031(1)(a), Fla. Stat. (2022) (“In the order or final

5725 LAGORCE PARTNERS, LLC v. 5AIF MAPLE 2 LLC

District Court of Appeal of Florida | Filed: May 25, 2022 | Docket: 63335815

Published

the essential elements of due process”) (citing § 45.031(8), Fla. Stat. (2021)).

FRANCIS P. DUDLAR v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., etc.

District Court of Appeal of Florida | Filed: Apr 6, 2022 | Docket: 63232265

Published

LOBREE, JJ. PER CURIAM. Affirmed. See § 45.031(1)(a),(7), Fla. Stat. (2014); § 45.032(1)(b),

LAURENCE S. SCHNEIDER and STEPHANIE L. SCHNEIDER v. FIRST AMERICAN BANK, etc.

District Court of Appeal of Florida | Filed: Mar 9, 2022 | Docket: 63144896

Published

accordance with the provisions of Fla. Stat. § 45.031; (e) direct the Clerk of Court that the

2275 NE 120 STREET, LLC v. SANCHEZ STRUVE BUSINESS ADVISORS, LLC

District Court of Appeal of Florida | Filed: Nov 10, 2021 | Docket: 60858292

Published

[was] not made within the prescribed period.” § 45.031(3), Fla. Stat. (2021). The clerk of courts deducted

ARTHUR J. MORBURGER v. YELLOW FUNDING CORP.

District Court of Appeal of Florida | Filed: Oct 27, 2021 | Docket: 60677195

Published

clerk to issue the certificate of title. See § 45.031, Fla. Stat. (2020); Phoenix Holding, LLC v. Martinez

SHARON MOORE BODE v. WILMINGTON SAVINGS FUND SOCIETY, FSB, etc.

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627024

Published

of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred

LISONEL PEREZ v. PEDRO A. JAIMOT AND MARILYN JAIMOT

District Court of Appeal of Florida | Filed: Aug 11, 2021 | Docket: 60123688

Published

public auction, pursuant to the provisions of section 45.031, Florida Statutes, and the instant appeal

ALEXANDER VOLYNSKY v. PARK TREE INVESTMENTS 21, LLC

District Court of Appeal of Florida | Filed: Jun 9, 2021 | Docket: 59971136

Published

(citations omitted). As relevant here, section 45.031(8), Florida Statutes, governing post- sale

CAN FINANCIAL, LLC v. DARYL R. KRAZMIEN A/K/A DARYL KRAZMIEN

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620300

Published

substantial evidence to support it.”). Section 45.031(5), Florida Statues (2019), permits a party

CAN FINANCIAL, LLC v. DARYL R. KRAZMIEN A/K/A DARYL KRAZMIEN

District Court of Appeal of Florida | Filed: Nov 12, 2020 | Docket: 18620300

Published

substantial evidence to support it.”). Section 45.031(5), Florida Statues (2019), permits a party

In Re: Amendments to the Florida Rules of Civil Procedure - 2019 Regular-Cycle Report

Supreme Court of Florida | Filed: Apr 16, 2020 | Docket: 17073632

Published

city) .........., Florida, in accordance with section 45.031, Florida Statutes (2013), using the following

Oliva v. Christiana Trust

275 So. 3d 774

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719861

Published

PER CURIAM. Affirmed. See § 45.031, Fla. Stat. (2018) ; IndyMac Fed. Bank FSB v. Hagan, 104 So. 3d 1232

Oliva v. Christiana Trust

275 So. 3d 774

District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719862

Published

PER CURIAM. Affirmed. See § 45.031, Fla. Stat. (2018) ; IndyMac Fed. Bank FSB v. Hagan, 104 So. 3d 1232

2017 BELL RANCH RESIDENTIAL LAND TRUST v. CAROL BURRILL AND WELLS FARGO FINANCIAL SYSTEM FLORIDA, INC.

264 So. 3d 295

District Court of Appeal of Florida | Filed: Feb 1, 2019 | Docket: 14530840

Published

disbursement of a surplus after a judicial sale. Section 45.031(7)(d), Florida Statutes (2017), states, "If

Ocean Bank v. Gato

256 So. 3d 960

District Court of Appeal of Florida | Filed: Oct 3, 2018 | Docket: 7975833

Published

appeal on August 3, 2018. Pursuant to section 45.031, Florida Statutes (2018), a foreclosure sale

Eduartez v. Fed. Nat'l Mortg. Ass'n

251 So. 3d 227

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 64684915

Published

occurred on June 21, 2016. In conformity with section 45.031(4) of the Florida Statutes, the clerk, on June

Eduartez v. Federal National Mortgage Assoc.

District Court of Appeal of Florida | Filed: Jun 13, 2018 | Docket: 7144556

Published

occurred on June 21, 2016. In conformity with section 45.031(4) of the Florida Statutes, the clerk, on June

Green v. Specialized Loan Servicing LLC

280 F. Supp. 3d 1349

District Court, M.D. Florida | Filed: Nov 30, 2017 | Docket: 64316164

Published

accordance with the provisions of Florida Statutes § 45.031 (2006); ... and that the [State] Court retain

Coastwide Services, LLC v. Goldberg

229 So. 3d 404

District Court of Appeal of Florida | Filed: Aug 2, 2017 | Docket: 6130767

Published

certificate of title will also follow as provided by section 45.031(5), Florida Statutes (2016).

Karapetyan v. Deutsche Bank National Trust Co.

220 So. 3d 542, 2017 WL 2457224, 2017 Fla. App. LEXIS 8315

District Court of Appeal of Florida | Filed: Jun 7, 2017 | Docket: 6070170

Published

of the foreclosure sale did not comply with section 45.031(2), Florida Statutes (2015), which provides:

Igbinadolor v. Deutsche Bank National Trust Co.

215 So. 3d 192, 2017 WL 1277996, 2017 Fla. App. LEXIS 4657

District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 4669324

Published

within ten days of date of sale pursuant to section 45.031(8), Florida Statutes (2016). 1

McKnight v. Chase Home Finance LLC

214 So. 3d 775, 2017 WL 1177606, 2017 Fla. App. LEXIS 4188

District Court of Appeal of Florida | Filed: Mar 29, 2017 | Docket: 60264233

Published

Appellee has confessed error on this issue. Section 45.031(8), Florida Statutes (2014), allows a party

The Bank of New York Mellon v. Glenville

District Court of Appeal of Florida | Filed: Jan 20, 2017 | Docket: 4571286

Published

untimely, we affirm. Under section 45.031(7)(b), Florida Statutes (2015), any person

Lawrence v. Nationstar Mortgage, LLC

197 So. 3d 150, 2016 Fla. App. LEXIS 11410, 2016 WL 4035667

District Court of Appeal of Florida | Filed: Jul 27, 2016 | Docket: 60256211

Published

judgment, opr legislature has provided a remedy. Section 45.031(8), Florida Statutes (2014), provides: The

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134

Supreme Court of Florida | Filed: Jan 14, 2016 | Docket: 3028217

Published

of city).;..., Florida; in accordance with'section 45.031, Florida Statutes (2013), using the following-method

Bunnie Straub v. Wells Fargo Bank, N.A. Chris Straub, JP Morgan Chase Bank, National Association, etc., and Faircondo, Inc., a Condominium Association

182 So. 3d 878, 2016 Fla. App. LEXIS 259, 2016 WL 74988

District Court of Appeal of Florida | Filed: Jan 6, 2016 | Docket: 3026058

Published

’after the sale.” § 45.031(l)(a), (7)(b), Fla. Stat. (2014); see also § 45.031(2)(f) (“[A]ny person

Bunnie Straub v. Wells Fargo Bank, N.A., Chris Straub, JP Morgan Chase Bank National Association and Faircondo, Inc.

District Court of Appeal of Florida | Filed: Nov 4, 2015 | Docket: 3009699

Published

foreclosure sale. We write to clarify that, under section 45.031, Florida Statutes (2014), a foreclosure sale

Residential Mortgage Servicing Corporation v. Winterlakes Property Owners Association, Inc., etc., William Aponte

169 So. 3d 253, 2015 Fla. App. LEXIS 10381, 2015 WL 4098868

District Court of Appeal of Florida | Filed: Jul 8, 2015 | Docket: 2679202

Published

919 So.2d 554, 556 (Fla. 4th DCA 2005). Section 45.031, Florida Statutes (2013), governs judicial

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

District Court of Appeal of Florida | Filed: May 27, 2015 | Docket: 2679315

Published

statement in conspicuous type as required by section 45.031(1)(a), Florida Statutes (2012): IF YOU

Firstbank Puerto Rico d/b/a FirstBank Florida v. Alexander Othon and Sara Othon

190 So. 3d 110, 2015 Fla. App. LEXIS 5855, 2015 WL 1813996

District Court of Appeal of Florida | Filed: Apr 22, 2015 | Docket: 2679383

Published

days after the date” of the order or judgment.. § 45.031(l)(a), Fla. Stat, (2008). Id. at 1054

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679444

Published

statement in conspicuous type as required by section 45.031(1)(a), Florida Statutes (2012): IF YOU

Saulnier v. Bank of America, N.A.

187 So. 3d 854, 2015 Fla. App. LEXIS 4274, 2015 WL 1334317

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 60254137

Published

statement in conspicuous type as required by section 45.031(l)(a), Florida Statutes (2012): IF YOU ARE

Salazar v. HSBC Bank, USA, NA

158 So. 3d 699, 2015 Fla. App. LEXIS 1791, 2015 WL 543411

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633388

Published

of an objection to a foreclosure sale under section 45.031(5) must be directed toward conduct that occurred

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

153 So. 3d 258, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929

Supreme Court of Florida | Filed: Dec 11, 2014 | Docket: 2613919

Published

included as required by the 2006 amendment to section 45.031, Florida Statutes. Changes are also made based

Condé v. Main Street Fund III, LLC

150 So. 3d 1254, 2014 WL 6465686

District Court of Appeal of Florida | Filed: Nov 19, 2014 | Docket: 2606369

Published

for the subject property. Pursuant to section 45.031(5), Florida Statutes (2013), objections to

Dever v. Wells Fargo Bank National Association

147 So. 3d 1045, 2014 Fla. App. LEXIS 13259, 2014 WL 4212760

District Court of Appeal of Florida | Filed: Aug 27, 2014 | Docket: 1165066

Published

included the following language, as required by section 45.031(1), Florida Statutes (2011): IF THIS PROPERTY

Chase Financial Services, LLC v. Edelsberg

129 So. 3d 1139, 2013 WL 6800978, 2013 Fla. App. LEXIS 20337

District Court of Appeal of Florida | Filed: Dec 26, 2013 | Docket: 60237305

Published

at the foreclosure sale appeals; we reverse. Section 45.031 of the Florida Statutes authorizes objections

Hassett v. Wells Fargo Bank, N.A.

114 So. 3d 499, 2013 Fla. App. LEXIS 9291, 2013 WL 2494706

District Court of Appeal of Florida | Filed: Jun 12, 2013 | Docket: 60231954

Published

Circuit Court will be disbursed to the Hassetts. See § 45.031, Fla. Stat. (2011). Reversed and remanded.

South Beach Mortgage & Investment Corp. v. Levine

109 So. 3d 879, 2013 WL 1136441, 2013 Fla. App. LEXIS 4438

District Court of Appeal of Florida | Filed: Mar 20, 2013 | Docket: 60229838

Published

objections. In deciding this case, we must consider Section 45.031, Florida Statutes (2009), which governs judicial

Gottlieb v. Coconut Grove Bank

93 So. 3d 1249, 2012 Fla. App. LEXIS 13454, 2012 WL 3316768

District Court of Appeal of Florida | Filed: Aug 15, 2012 | Docket: 60310517

Published

and reset the foreclosure sale, pursuant to, section 45.031(3), Florida Statutes (2010). Reversed and remanded

Simonson v. Palm Beach Hotel Condominium Ass'n, Inc.

93 So. 3d 436, 2012 Fla. App. LEXIS 11289, 2012 WL 2813875

District Court of Appeal of Florida | Filed: Jul 11, 2012 | Docket: 60310588

Published

pre-sale publication notice was made, pursuant to section 45.031, Florida Statutes (2011). We agree and reverse

Castelo Development, LLC v. Aurora Loan Services LLC

85 So. 3d 515, 2012 WL 1020171, 2012 Fla. App. LEXIS 4863

District Court of Appeal of Florida | Filed: Mar 28, 2012 | Docket: 60307375

Published

highest bidder for cash “in accordance with section 45.031, Florida Statutes.” An electronic foreclosure

LR5A-JV v. Little House, LLC

50 So. 3d 691, 2010 Fla. App. LEXIS 18944, 2010 WL 5017323

District Court of Appeal of Florida | Filed: Dec 10, 2010 | Docket: 2396967

Published

at all, a foreclosure sale takes place under section 45.031, Florida Statutes (2010). According to LR5A

In re Amendments to the Florida Rules of Civil Procedure-Form 1.996

51 So. 3d 1140, 35 Fla. L. Weekly Supp. 712, 2010 Fla. LEXIS 2086, 2010 WL 4977484

Supreme Court of Florida | Filed: Dec 9, 2010 | Docket: 60297503

Published

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

Sudhoff v. Federal National Mortgage Ass'n

942 So. 2d 425, 2006 Fla. App. LEXIS 17464

District Court of Appeal of Florida | Filed: Oct 20, 2006 | Docket: 64847855

Published

provided: “The sale shall be held in accordance with § 45.031 Fla. Stat. (1995), and upon the Clerk filing the

YEMC Construction & Development, Inc. v. Inter Ser, U.S.A., Inc.

884 So. 2d 446, 2004 Fla. App. LEXIS 14821, 2004 WL 2238080

District Court of Appeal of Florida | Filed: Oct 6, 2004 | Docket: 64833546

Published

sale, § 45.031(4), Fla. Stat. (2003), provided no basis for relief. “The purpose of [section 45.031(4)]

Pridgen v. First Union Bank

879 So. 2d 21, 2004 Fla. App. LEXIS 6067, 2004 WL 912668

District Court of Appeal of Florida | Filed: Apr 30, 2004 | Docket: 64832059

Published

interlocutory step in the judicial sales process. See § 45.031(1), Fla. Stat. (2003). Neither is the order appealed

Bankers Trust Co. v. Edwards

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

District Court of Appeal of Florida | Filed: Jul 21, 2003 | Docket: 1509325

Published

carried out in accordance with the provisions of section 45.031, Florida Statutes (2002). Under this procedure

Ago

Florida Attorney General Reports | Filed: Jul 17, 2001 | Docket: 3255991

Published

proceeds of sale), other than excess proceeds[.]" Section 45.031, Florida Statutes, sets forth specific procedures

Amendments to the Florida Rules of Civil Procedure

773 So. 2d 1098, 2000 Fla. LEXIS 2312, 2000 WL 1472356

Supreme Court of Florida | Filed: Oct 5, 2000 | Docket: 64802529

Published

. County in ., Florida, in accordance with section 45.031, Florida Statutes. 4. Plaintiff shall advance

Ryan v. Countrywide Home Loans, Inc.

743 So. 2d 36, 1999 Fla. App. LEXIS 5978, 24 Fla. L. Weekly Fed. D 1171

District Court of Appeal of Florida | Filed: May 12, 1999 | Docket: 64791639

Published

that Countrywide’s motion was timely filed. Section 45.031, Florida Statutes (1997), requires that objections

Caplan v. Neumann

699 So. 2d 1052, 1997 Fla. App. LEXIS 11437, 1997 WL 615868

District Court of Appeal of Florida | Filed: Oct 8, 1997 | Docket: 64776030

Published

objection filed timely after the foreclosure sale. See § 45.031(4), Fla. Stat. (1995); Nelson v. Santoro, 570

Ago

Florida Attorney General Reports | Filed: Apr 25, 1997 | Docket: 3255369

Published

words to that effect. . . ." (e.s.) Similarly, section 45.031(1), relating to the sale of real or personal

Warehouses of Florida, Inc. v. Hensch

671 So. 2d 885, 1996 Fla. App. LEXIS 3910, 1996 WL 185059

District Court of Appeal of Florida | Filed: Apr 19, 1996 | Docket: 64763891

Published

the deficiency judgment, the Hensehes cite section 45.031(8), Florida Statutes (1991), which provides

Wilken v. North County Co.

670 So. 2d 181, 1996 Fla. App. LEXIS 3054, 1996 WL 134676

District Court of Appeal of Florida | Filed: Mar 27, 1996 | Docket: 64763386

Published

mandatory. Id. at 522. Second, the court noted that section 45.031(1), which governs the judicial sales procedure

Metroplex Investments, Inc. v. Precision Equity Investments, Inc.

647 So. 2d 304, 1994 Fla. App. LEXIS 12290, 1994 WL 700090

District Court of Appeal of Florida | Filed: Dec 16, 1994 | Docket: 64752944

Published

provided: The sale shall be held in accordance with Section 45.031 of the Florida Statutes, and upon the Clerk

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Florida Attorney General Reports | Filed: Apr 27, 1994 | Docket: 3257272

Published

the publication of the notice of sale under section 45.031(1), Florida Statutes (1993), governed by Florida

Intercontinental Investment Bankers, Inc. v. First Union National Bank

633 So. 2d 125, 1994 Fla. App. LEXIS 2647, 1994 WL 90518

District Court of Appeal of Florida | Filed: Mar 22, 1994 | Docket: 64746824

Published

PER CURIAM. Affirmed. Section 45.031, Fla.Stat. (1991).

CSB Realty, Inc. v. Eurobuilding Corp.

625 So. 2d 1275, 1993 Fla. App. LEXIS 10297, 1993 WL 406615

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 64743811

Published

Schul-*1276theis, 553 So.2d 1316, 1317 (Fla. 3d DCA 1989); § 45.031(1), Fla.Stat. (1991), it is well-settled law that

Bauer v. Resolution Trust Corp.

621 So. 2d 521, 1993 Fla. App. LEXIS 7037, 1993 WL 247149

District Court of Appeal of Florida | Filed: Jul 7, 1993 | Docket: 64697654

Published

Statutes (1991),1 and $40 for a service charge per section 45.031(1).2 The Clerk issued the required certificate

Rolfs v. First Union National Bank of Florida

604 So. 2d 1269, 1992 Fla. App. LEXIS 9419

District Court of Appeal of Florida | Filed: Sep 9, 1992 | Docket: 64669852

Published

“Objection to the Foreclosure Sale Under Florida Statute 45.031,” which set forth as grounds therefor that

Anderson v. Potential Enterprises, Ltd.

596 So. 2d 488, 1992 Fla. App. LEXIS 3331, 1992 WL 57146

District Court of Appeal of Florida | Filed: Mar 27, 1992 | Docket: 64666379

Published

set aside on the grounds, inter alia, that section 45.031, Florida Statutes (1989), prohibits a sale

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Florida Attorney General Reports | Filed: May 24, 1990 | Docket: 3255205

Published

publication at the time the sale is conducted. Section 45.031, F.S., provides, in pertinent part, a procedure

Shere v. Shere

478 So. 2d 101, 10 Fla. L. Weekly 2460, 1985 Fla. App. LEXIS 16625

District Court of Appeal of Florida | Filed: Nov 1, 1985 | Docket: 64615345

Published

offer it at public sale in accordance with section 45.031, Florida Statutes (1983). The judgment awarded

Florida Masonic Region of Ancient Free & Accepted Masons v. Walton Wholesale Corp.

472 So. 2d 557, 1985 Fla. App. LEXIS 14939

District Court of Appeal of Florida | Filed: Jul 16, 1985 | Docket: 64613050

Published

248 U.S. 584, 39 S.Ct. 182, 63 L.Ed. 433 (1919); § 45.031, Fla.Stat. (1983).

First National Bank of Live Oak v. Federal Land Bank of Columbia

470 So. 2d 54, 10 Fla. L. Weekly 1315, 1985 Fla. App. LEXIS 14350

District Court of Appeal of Florida | Filed: May 24, 1985 | Docket: 64612417

Published

foreclosure judgment. Appellant misconstrues Section 45.031(1), Florida Statutes (1983), since the provision

Saints In Christ, Temple of the Holy Ghost v. Fowler

448 So. 2d 1158, 1984 Fla. App. LEXIS 12708

District Court of Appeal of Florida | Filed: Apr 13, 1984 | Docket: 64604313

Published

errors or irregularities affecting the sale. Section 45.031(7), Florida Statutes; Cf. Winfield v. Second

Super 50 Theatre Corp. v. Royston Development Corp. (In re Royston Development Corp.)

25 B.R. 715, 1982 Bankr. LEXIS 5236

United States Bankruptcy Court, M.D. Florida | Filed: Dec 20, 1982 | Docket: 65778350

Published

of the redemption period provided by state law, § 45.031(3), (4) Fla.Stat. (supp.1982), Royston filed an

Powers v. First Federal Savings & Loan Ass'n of Jacksonville

420 So. 2d 865, 1982 Fla. LEXIS 2551

Supreme Court of Florida | Filed: Aug 26, 1982 | Docket: 64592711

Published

court held that the $25 fee provided for in section 45.031(1), Florida Statutes (1979),1 is the only fee

Washington Federal Savings & Loan Ass'n of Miami Beach v. Zuckerman-Vernon Corp.

414 So. 2d 219, 1982 Fla. App. LEXIS 19859

District Court of Appeal of Florida | Filed: Apr 20, 1982 | Docket: 64590069

Published

evi*220dence of price paid at foreclosure sale, see section 45.031(7), Florida Statutes (1979); cf. R. K. Cooper

In re Simmons

16 B.R. 685, 1982 Bankr. LEXIS 5146

United States Bankruptcy Court, S.D. Florida. | Filed: Jan 4, 1982 | Docket: 65778050

Published

by payment in full of the total indebtedness. § 45.031, Fla.Stat.; Walters v. Gallman, Fla.App. 1973

Powers v. First Federal Savings & Loan Ass'n of Jacksonville

404 So. 2d 786, 1981 Fla. App. LEXIS 21247

District Court of Appeal of Florida | Filed: Oct 6, 1981 | Docket: 64585493

Published

bid. After performing his duties provided in Section 45.031(1), Florida Statutes, the Clerk issued his

I. B. L. Corp. v. Pan American Bank, N.A.

402 So. 2d 82, 1981 Fla. App. LEXIS 20893

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 64584558

Published

ordered in a final judgment of foreclosure, see Section 45.031, Florida Statutes (1979), the second mortgagee

Florida Bar

391 So. 2d 165, 1980 Fla. LEXIS 4428

Supreme Court of Florida | Filed: Oct 9, 1980 | Docket: 64579206

Published

in_County in_, Florida, in accordance with section 45.031, Florida Statutes (1979). 4. Plaintiff shall

Done Investments, N. V. v. Forman

369 So. 2d 650, 1979 Fla. App. LEXIS 14781

District Court of Appeal of Florida | Filed: Apr 3, 1979 | Docket: 64569608

Published

redemption beyond the ten day period provided for in Section 45.031(3), Florida Statutes (1977), if the property

Fara Manufacturing Co. v. First Federal Savings & Loan Ass'n

366 So. 2d 164, 1979 Fla. App. LEXIS 14137

District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 64567964

Published

judgment was properly entered.1 Affirmed. . Section 45.031(7), Florida Statutes (1977), states: “VALUE

Hyte Development Corp. v. General Electric Credit Corp.

356 So. 2d 1254, 1978 Fla. App. LEXIS 15593

District Court of Appeal of Florida | Filed: Feb 21, 1978 | Docket: 64563710

Published

these acts were under the apparent aegis of Section 45.031, Florida Statutes (1975), which relates to

Smith v. First National Bank of Pompano Beach

336 So. 2d 448, 1976 Fla. App. LEXIS 15332

District Court of Appeal of Florida | Filed: Aug 13, 1976 | Docket: 64554762

Published

after having first given notice as required by Section 45.031, Florida Statutes.” At the sale appellants

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Florida Attorney General Reports | Filed: May 18, 1976 | Docket: 3255598

Published

charges awarded thereunder. AS TO QUESTION 2: Section 45.031, F. S., provides an alternative method of judicial

Confederate Point Partnership, Ltd. v. Schatten

278 So. 2d 661, 1973 Fla. App. LEXIS 8094

District Court of Appeal of Florida | Filed: Jun 12, 1973 | Docket: 64532638

Published

judicial sale was held pursuant to Florida Statutes, § 45.031, F.S.A. When appellant received its Certificate

Akeley v. Miller

264 So. 2d 473, 1972 Fla. App. LEXIS 6556

District Court of Appeal of Florida | Filed: Jul 11, 1972 | Docket: 64526891

Published

the future because of the change in Fla.Stat. § 45.031, F.S.A., as amended by Chapter 71-5, Laws of Florida

In re Florida Rules of Civil Procedure

253 So. 2d 404, 1971 Fla. LEXIS 3316

Supreme Court of Florida | Filed: Sep 29, 1971 | Docket: 64522530

Published

in _ County in -, Florida in accordance with section 45.031, Florida Statutes. 4. Plaintiff shall advance