Re: [CLC-Discussion] Owner redemption after foreclosure

P
PSMLAWFIRM (at) aol.com
Wed, Jan 8, 2014 7:56 PM

You need to check the Final Judgment, but the right of redemption is
generally cut off upon the issuance of the Certificate of Sale.  Typically,  the
CS is issued the day of or after the sale as the clerk is able to issue  it.
Basically, the 10 day window is for the Certificate of Title, not the
Certificate of Sale.

Therefore, the owner needs to get in there right away and tender the funds
to the clerk, before the Certificate of Sale is issued, to preserve its
right of  redemption.

Technically, if an objection to the sale is filed within the 10 day window

  • and is upheld - then the "right of redemption" may again be available
    while  the sale is reset.  However, there are very limited bases to object.
    The objection will hold up the issuance of the Certificate of Title until the
    objection is resolved, but unless the Final Judgment specifically states
    the  right of redemption extends through the CT, then the right of redemption
    will  have expired upon the issuance of the certificate of sale.

Paul

Paul S. Martin, Esq.
Law Offices of
Paul S.  Martin & Associates, P.A.
2134 Hollywood Boulevard
Hollywood, FL  33020
USA

Phone 954.923.4604
Telefax  954.923.6545


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In a message dated 1/8/2014 11:37:09 A.M. Eastern Standard Time,
bsolomon@solomon-law.com writes:

Anyone familiar with the procedures for an owner to redeem  property after
foreclosure?  The statute previously provided for a ten  (10) day window
before the certificate of sale could be entered but now the  statute is silent.
I am afraid that the certificate could be entered  without time for
redemption.


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You need to check the Final Judgment, but the right of redemption is generally cut off upon the issuance of the Certificate of Sale. Typically, the CS is issued the day of or after the sale as the clerk is able to issue it. Basically, the 10 day window is for the Certificate of Title, not the Certificate of Sale. Therefore, the owner needs to get in there right away and tender the funds to the clerk, before the Certificate of Sale is issued, to preserve its right of redemption. Technically, if an objection to the sale is filed within the 10 day window - and is upheld - then the "right of redemption" may again be available while the sale is reset. However, there are very limited bases to object. The objection will hold up the issuance of the Certificate of Title until the objection is resolved, but unless the Final Judgment specifically states the right of redemption extends through the CT, then the right of redemption will have expired upon the issuance of the certificate of sale. Paul Paul S. Martin, Esq. Law Offices of Paul S. Martin & Associates, P.A. 2134 Hollywood Boulevard Hollywood, FL 33020 USA Phone 954.923.4604 Telefax 954.923.6545 ___________________________ This message is intended only for the use of the individual or entity to which it is directed. The information contained in this E-mail message is privileged, confidential, and may be protected from disclosure; please be aware that any other use, printing, copying, disclosure or dissemination of this communication may be subject to legal restriction or sanction. If you think that you have received this E-mail message in error, please immediately reply to the sender. In a message dated 1/8/2014 11:37:09 A.M. Eastern Standard Time, bsolomon@solomon-law.com writes: Anyone familiar with the procedures for an owner to redeem property after foreclosure? The statute previously provided for a ten (10) day window before the certificate of sale could be entered but now the statute is silent. I am afraid that the certificate could be entered without time for redemption. _______________________________________________ CLC-Discussion mailing list CLC-Discussion@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/clc-discussion