Florida Statute 56.071 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 56
FINAL PROCESS

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56.071 Executions on equities of redemption; discovery of value.—On motion made by the person causing a levy to be made on an equity of redemption, the court from which the execution issued shall order the mortgagor, mortgagee, and all other persons interested in the mortgaged property levied on to appear and be examined about the amount remaining due on the mortgage, the amount that has been paid, the person to whom that amount has been paid, and the date when that amount was paid so that the value of the equity of redemption may be ascertained before the property is sold. The court may appoint a general or special magistrate to conduct the examination. This section shall also apply to the interest of and personal property in possession of a vendee under a retained title contract or conditional sales contract.

History.—s. 2, ch. 44, 1845; RS 1208; GS 1638; RGS 2842; CGL 4529; s. 1, ch. 61-191; s. 11, ch. 67-254; s. 13, ch. 73-334; s. 52, ch. 2004-11; s. 5, ch. 2016-33.

Note.—Former s. 55.21.

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Amendments to 56.071

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Cases Citing Statute 56.071

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Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975).

Cited 14 times | Published | Florida 4th District Court of Appeal

...Appellee also contends that even if Nix did have an equity of redemption which was subject to levy and sale under execution pursuant to Fla. Stat. § 56.061, that levy and sale was ineffective because of the failure to follow the procedure regarding executions on equities of redemption set forth in Fla. Stat. § 56.071 (1973). [3] This argument is also without merit. Fla. Stat. § 56.071 does not set out a mandatory procedure which must be followed in every *653 case....

...satisfy a judgment against the vendee. This shall be done by making the levy on such personal property." [2] For a more thorough exposition of this historical development of the law of mortgages, see, Thompson, supra, § 4650 et seq. [3] Fla. Stat. § 56.071 (1973) provides: "On motion made by the party causing a levy to be made on an equity of redemption the court from which the execution issued shall order the mortgagor, mortgagee and all other persons interested in the mortgaged property lev...

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