The 2023 Florida Statutes (including Special Session C)
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. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315 . . .
. . . Straub recognized that the Legislature had partially superseded Strasser in 1993 by enacting section 45.0315 . . . (quoting § 45.0315, Fla. Stat. (2014) ). . . . specific window for exercising the right of redemption" and that nothing in the enactment of section 45.0315 . . . For example, section 45.0315, which addresses the right of redemption, provides that certain persons . . . Section 45.0315, which addresses the right of redemption, is the only cross-referenced section that was . . .
. . . just prior to the closing, Credo filed a motion to redeem the mortgage purportedly pursuant to section 45.0315 . . . this Court found in favor of Wells Fargo, stating that "the amounts due to Wells Fargo under section 45.0315 . . . spread a stipulation on the record to prove the amounts that it was obligated to pay under section 45.0315 . . .
. . . Bankers sought to exercise its right of redemption under section 45.0315, Florida Statutes (2015). . . . Bankers was permitted to redeem the Pennymac mortgage under section 45.0315 ; however, the trial court . . . Section 45.0315, Florida Statutes, provides: At any time before the later of the filing of a certificate . . .
. . . Florida courts have consistently held that section 45.0315 affords the trial court authority to set a . . . See Emanuel, 655 So.2d at 249 ("[S]ection 45.0315, Florida Statutes (1993), explicitly empowers a court . . . "In 1993, the legislature enacted Florida Statutes section 45.0315, codifying the mortgagor's right of . . . Strasser, with respect to redemption , has been displaced by the enactment of section 45.0315, Florida . . . Wells Fargo Bank, N.A., 182 So.3d 878, 881 (Fla. 4th DCA 2016) (first quoting § 45.0315, Fla. . . .
. . . See § 45.0315, Fla. Stat. (2017). . . .
. . . the amount due under the note, because it affects their substantive right of redemption under section 45.0315 . . . Kane , 582 So.2d 159, 161 (Fla. 4th DCA 1991) ; § 45.0315, Fla. Stat. (2013). . . .
. . . foreclosure action, appeals orders denying its right to exercise its statutory right of redemption (section 45.0315 . . . judgment of foreclosure, and (b) no certificate of sale has been “filed” within the meaning of section 45.0315 . . . Affirmed in part; reversed and remanded for further proceedings in accordance with this opinion. . § 45.0315 . . .
. . . protect its interest in the property by exercising its statutory right of redemption under section 45.0315 . . . De Sousa, 170 So.3d at 931; § 45.0315, Fla. Stat. (2016). . . . Of significance to this appeal, section 45.0315 provides that [a]t any time before the later of the filing . . .
. . . inapplicable here because they both concern a mortgagor’s right of redemption, which is governed by section 45.0315 . . .
. . . The Pealers hold a subordinate interest in the property; therefore under section 45.0315, Florida Statutes . . . sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure.” § 45.0315 . . . protect its interest in the property by exercising its statutory right of redemption under section 45.0315 . . .
. . . personal property under an order or judgment, the procedures provided in this section and [sections] 45.0315 . . . Shelton does not address section 45.0315, titled “Right of redemption,” or this court’s conclusion in . . . redemption rights by failing to provide an estoppel letter is without .merit. • Whitburn ignores section 45.0315 . . . Section -45.0315 governs the right of redemption where a final judgment of foreclosure has been entered . . .
. . . GMAC points us to its mortgage documents and section 45.0315 of the Florida Statute (2014), which require . . . L & L Super Investment, Inc., pursuant to Sec. 45.0315, FI Stat., shall tender to the plaintiff, on or . . .
. . . Stat. 45.0315, and being otherwise fully advised in the premises therein, it is hereby, ORDERED and ADJUDGED . . . Pursuant to Section 45.0315, Florida Statute, the Defendant may tender to the Plaintiff, on or before . . . See § 45.0315, Fla. . . . Otherwise, and as section 45.0315 expressly states, “there [wa]s no right of redemption.” . . . Otherwise, there is no right of redemption. § 45.0315, Fla. Stat. (2013). . . . .
. . . of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315 . . . We amend the form to instead cite to section 45.0315, Florida Statutes. . . .
. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315 . . . In 1993, the legislature enacted Florida Statutes section 45.0315, codifying- the mortgagor’s right of . . . Strasser, with respect to redemption, has been displaced by the enactment of section 45.0315,' Florida . . . We recognize that Strasser has been superseded in part by the enactment of. section 45.0315. . . . However, in section 45.0315,' the legislature simply created* a specific window for exercising the right . . .
. . . protect its interest in the property by exercising its statutory right of redemption under section 45.0315 . . . protect its interest in the property by exercising its statutory right of redemption under section 45.0315 . . .
. . . . § 45.0315. . . .
. . . See § 45.0315, Fla. Stat. (2013); Sedra, 124 So.3d at 935-36. . . .
. . . Section 45.0315, Florida Statutes (2013), provides for a mortgagor’s right of redemption: At any time . . .
. . . Harrington’s right to redeem under section 45.0315, Florida Statutes (2014). Reversed and remanded. . . .
. . . Section 45.0315, Florida Statutes, governs the right of redemption and provides: At any time before the . . . Here, in accordance with section 45.0315, Florida Statutes, the final judgment provided that the property . . .
. . . . § 45.0315, Fla. . . .
. . . of all estate or claim in the property and defendant’s right of redemption as prescribed by section 45.0315 . . . Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315 . . .
. . . Kane, 582 So.2d 159, 161 (Fla. 4th DCA 1991); § 45.0315, Fla. Stat. (2013). . . . Section 45.0315 provides that: At any time before the later of the filing of a certificate of sale by . . . Otherwise, there is no right of redemption. § 45.0315, Fla. Stat. (2013) (emphasis added). . . . .
. . . . § 45.0315 (2014). . Fla. Stat. § 45.0315 (2014); See Emanuel v. . . .
. . . the Certificate of Sale, Defendant’s right of redemption as prescribed by Florida Statutes, Section 45.0315 . . . See § 45.0315, Fla. . . .
. . . certificate of disbursements, the surplus shall be distributed as provided in this section and ss. 45.0315 . . .
. . . In support of its position, Appellant cited section 45.0315, Fla. . . .
. . . real or personal property under an order of judgment, the procedures provided in this section and ss. 45.0315 . . .
. . . Stat. (2012) (governing judicial sales procedure); § 45.0315, Fla. . . .
. . . The right of redemption is controlled by section 45.0315, Florida Statutes, which is exclusive: At any . . .
. . . real or personal property under an order or judgment, the procedures provided in this section and §§ 45.0315 . . .
. . . real or personal property under an order or judgment, the procedure provided in this section and ss. 45.0315 . . .
. . . . § 45.0315, Fla. Stat. (2009); Marina Funding Grp., Inc. v. Peninsula Prop. . . .
. . . See § 45.0315, Fla. , Stat. (2010) (providing statutory right of redemption provides holder of any subordinate . . .
. . . real or personal property under an order or judgment, the procedures provided in this section and ss. 45.0315 . . .
. . . Great Western Bank, 700 So.2d 38 (Fla. 5th DCA 1997) (same). .See § 45.0315 Fla. . . .
. . . Section 45.0315 provides in part: At any time before the later of the filing of a certificate of sale . . . district court reversed, holding that Bee Bee had properly exercised its right of redemption under section 45.0315 . . .
. . . accommodate the possibility that there may be multiple defendants, to adapt to the requirements of section 45.0315 . . . Additional changes were made to bring the form into compliance with chapters 718 and 720 and section 45.0315 . . .
. . . New Miami Shores Corp., 100 Fla. 413, 129 So. 690, 692 (1930); § 45.0315, Fla. Stat. (2005). . . . . § 45.0315, Fla. Stat. (2005); Dundee Naval Stores Co. v. . . . sale is filed by the clerk or at the time specified in the foreclosure judgment, whichever is later. § 45.0315 . . . Section 45.0315, Florida Statutes (2005) provides: At any time before the later of the filing of a certificate . . .
. . . Section 45.0315, Florida Statutes, codified the common law right of redemption in foreclosure proceedings . . . by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure.” § 45.0315 . . .
. . . Section 45.0315, Florida Statutes (1995), provided: At any time before the later of the filing of a certificate . . .
. . . Center paid the clerk of court $125,000 plus interest to exercise its redemption rights under section 45.0315 . . . The instant case does not involve a mortgagor’s right of redemption under section 45.0315. . . . Section 45.0315 provides "[a]t any time before the later of the filing of a certificate of sale by the . . .
. . . . § 45.0315. . . .
. . . That equitable right, available at common law, is now governed by section 45.0315, Florida Statutes ( . . . However, section 45.0315 provides that the right may now be exercised up until the certificate of sale . . .
. . . Section 45.0315 enforces a statutory right of redemption, but it does not clearly state that it is intended . . .
. . . In 1993, the legislature enacted section 45.0315, Florida Statutes, which lengthened the time for redemption . . . Pursuant to section 45.0315, the omitted junior mortgagee cannot independently exercise the right to . . .
. . . . § 45.0315, Fla. Stat. See Cueto v. . . .
. . . Nevertheless, at all times the Bank recognized the Sheltons’ equitable right of redemption pursuant to chapter 45.0315 . . .
. . . . § 45.0315, Fla. Stat. (2003). . . .
. . . Section 45.0315, Florida Statutes (2003), provides: At any time before the later of the filing of a certificate . . . the right of redemption extends until the clerk files the certificate of sale, as provided in section 45.0315 . . . However, under the plain language of section 45.0315, the trial court was without the authority to extend . . .
. . . Basabe paid the sum requested by the clerk and, pursuant to Florida Statute 45.0315, timely redeemed . . . Otherwise, there is no right of redemption. § 45.0315, Fla. Stat. (2002). . . . .
. . . the property at “any time before the filing of a certificate of sale by the clerk of the court,” § 45.0315 . . .
. . . . § 45.0315; Jaar, 186 B.R. at 153. . . .
. . . Stat. ch. 45.0315 (1994). See Hoffman v. . . . Stat. ch. 45.0315 (1994) which effectively codifies redemption rights and provides "... there is no other . . . Stat. ch. 45.0315. . . .
. . . Our redemption statute, section 45.0315, Florida Statutes (1999), requires the tender to include the . . .
. . . The debtor therefore retains his right of redemption pursuant to Section 45.0315, Florida Statutes. . . . Section 45.0315 provides that the “mortgagor ... may cure the mortgagor’s indebtedness and prevent a . . .
. . . Section 45.0315, Florida Statutes (1995), governs the right of redemption and provides as follows: At . . . Section 45.0315 empowers a court to fix a time in the final judgment, before which the mortgagor must . . . Section 45.0315 is in derogation of common law and should be strictly construed. See id. . . .
. . . Section 45.0315, Florida Statutes (1999), provides that a mortgagor may exercise his or her right of . . .
. . . Such a holding directly contradicts the plain language of Florida Statutes § 45.0315. . . . See § 45.0315 Fla. Stat. (West 2000). . . . Therefore, § 45.0315 stands for the proposition that a junior mortgage is not extinguished by the entry . . . Florida case law supports this interpretation of § 45.0315. See e.g. Glendale Fed. . . . The terms of a judgment of foreclosure may modify or reinforce the provisions in § 45.0315 relating to . . .
. . . district reversed, holding that Bee Bee had properly exercised its right of redemption under section 45.0315 . . . In a lien foreclosure action, section 45.0315 is made applicable by section 713.26, Florida Statutes . . .
. . . Section 45.0315, Florida Statutes (1997), grants to the mortgagor or the holder of a subordinate interest . . .
. . . Under section 45.0315, Florida Statutes (1995), “the mortgagor or the holder of any subordinate interest . . . Issuance of the certificate of title precluded any further exercise of the mortgagee’s redemption right. § 45.0315 . . . . § 45.0315, Fla. Stat.; Dundee Naval Stores Co. v. McDowell, 65 Fla. 15, 61 So. 108 (1913). . . .
. . . Former section 45.031 and current section 45.0315, which govern the right of redemption are in derogation . . . Current section 45.0315 provides: At any time before the later of the filing of a certificate of sale . . . language could have extinguished the right of redemption in this case at the point provided in section 45.0315 . . . Thus the earlier date provided by section 45.0315 — time of filing the certificate of sale by the clerk . . .
. . . The argument is based upon § 45.0315, Florida Statutes, which provides that a mortgagor may cure a mortgage . . . filing of a certificate of sale by the clerk of the court or the time specified in the judgment ...” § 45.0315 . . . right under Florida law similarly requires “paying the amount of monies specified in the judgment.” § 45.0315 . . .
. . . Under section 45.0315, Florida Statutes (1993), a mortgagor may exercise redemption rights at any time . . .
. . . . § 45.0315, Fla.Stat. (1993); Emanuel v. . . .
. . . Section 45.0315, Florida Statutes (1993), effective October 1, 1993, ch. 93-250, § 2, at 2467-68, Laws . . .
. . . with the filing of the certificate of sale, unless the foreclosure judgment specifies a later time: 45.0315 . . .
. . . Upon examination of the matter, we find that the provisions of section 45.0315, Florida Statutes (1993 . . . As indicated, section 45.0315, Florida Statutes (1993), explicitly empowers a court in the final judgment . . . The mandate of section 45.0315 is contained in its last sentence, which provides: “Otherwise, there is . . . Strasser, with respect to redemption, has been displaced by the enactment of section 45.0315, Florida . . . Section 45.0315 provides: Right of redemption. . . .
. . . See section 45.0315, Florida Statutes (1993). . . .
. . . We note that chapter 93-250, § 2 at 1915, Laws of Fla., effective Oct. 1, 1993, creates section 45.0315 . . .