Right of Redemption in Florida

Redemptive Rights in Florida

BL DEVELOPMENT, INC., Appellant, v. DONNA MAIELLO; WELLS FARGO HOME MORTGAGE, INC. f/k/a NORWEST MORTGAGE, INC.; JULIE MAIELLO; VILLAS OF BEACON GROVES HOMEOWNERS' ASS'N, INC.; SEARS, ROEBUCK & CO.; and GENERAL ELECTRIC CAPITAL CORP., Appellees.
Case No. 2D03-3770

Case Law
COURT OF APPEAL OF FLORIDA, SECOND DISTRICT
872 So. 2d 362; 2004 Fla. App. LEXIS 5586; 29 Fla. L. Weekly D 1018

April 23, 2004, Opinion Filed

Facts: After the purchaser was the highest bidder for cash at a foreclosure sale, the court clerk filed the certificate of sale. Thereafter, the owner objected to the sale under Fla. Stat. ch. 45.031(4) (2003) and a hearing was held. The court denied the owner's motion to set aside the sale, but extended her right of redemption for two weeks.

Issue: Whether the redemptive rights still exist

Ruling: No. The appellate court held that the trial court was without the authority to extend the right of redemption past the time specified by the legislature. Because the right of redemption extended until the clerk filed the certificate of sale, as provided in Fla. Stat. ch. 45.0315 (2003), the only way for the owner to have her redemption rights revested was to get the judicial sale set aside. Where the trial court did not find a valid basis for the owner's objection and declined to set aside the judicial sale, the owner's redemptive rights did not re-vest.

Lesson Learned: In a foreclosure context, after a certificate of sale is filed, a party has 10 days in which to file an objection to the sale. Fla. Stat. ch. 45.031(4) (2003). If a party files an objection to the foreclosure sale and the court determines there is a valid basis for the objection, the property is re-advertised and resale begins anew. Upon the re-advertisement and resale, a mortgagor's lost redemptive rights temporarily re-vest.

Written by Kevin Levonas and Jerry L.