159 So. 3d 174
Fla. Dist. Ct. App.2015Background
- Foreclosure action for condominium assessments filed April 9, 2013; final judgment on March 7, 2014.
- Certificate of sale filed April 11, 2014; property sold at public auction to Appellant.
- Property owner tendered funds April 16, 2014; Appellant refused payment.
- Property owner sought to enforce redemption after sale; trial court granted motion.
- Appellant argues right of redemption was extinguished when certificate of sale was filed; court reverses.
- Florida Statutes §45.0315 governs redemption; final judgment extinguishes redemption upon certificate filing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the certificate of sale extinguish redemption? | Waterview: redemption extinguished at filing. | Givianpour: redemption may survive under equity. | Yes; extinguished upon certificate filing. |
| Is there an 'equity of redemption' independent of the right of redemption? | Owner relies on equity concepts to obtain redemption. | Appellant rejects equity as basis for redemption post-sale. | Equity of redemption not recognized to revive redemption after filing. |
Key Cases Cited
- Indian River Farms v. YBF Partners, 777 So. 2d 1096 (Fla. 4th DCA 2001) (defines the right of redemption as an equitable reclaiming right)
- Chase Fin. Servs., LLC v. Edelsberg, 129 So. 3d 1139 (Fla. 3d DCA 2013) (addresses HOA foreclosures and redemption context)
- Hoffman v. Semet, 316 So. 2d 649 (Fla. 4th DCA 1975) (distinguishes equity of redemption from right of redemption)