Owner redemption after foreclosure
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.
[email signature 4]
Look at the foreclosure judgment. It should spell out the time for
redemption.
Bruce D. Partington
Clark Partington
bpartington@cphlaw.com mailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
NOTICE: This e-mail message and any attachments are private
communication sent by the law firm of Clark Partington Hart Larry Bond &
Stackhouse, and may contain confidential, legally privileged information
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From: clc-discussion-bounces@lists.flabarrpptl.org
[mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian
Solomon
Sent: Wednesday, January 08, 2014 10:36 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner redemption after foreclosure
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.
Typically the right of redemption would expire upon filing of the Certificate of Sale.
Andrew M. Feldman, Esq.
Feldman Law
Dadeland Square
7700 North Kendall Drive
Suite 809
Miami, Florida 33156
Tel.: 305-445-2005, Ext. 202
Fax: 305-445-2889
Email: AFeldman@FeldmanLawOffices.commailto:AFeldman@FeldmanLawOffices.com
A portion of our practice involves the collection of a debt. To the extent you are communicating with our firm in its capacity as a debt collector, pursuant to the Fair Debt Collection Practices Act, you are advised that any information obtained may be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, January 08, 2014 11:52 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Look at the foreclosure judgment. It should spell out the time for redemption.
Bruce D. Partington
Clark Partington
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Wednesday, January 08, 2014 10:36 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner redemption after foreclosure
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.
[email signature 4]
If a timely objection to the sale is raised within the 10 day window, the Certificate of Sale will not issue till the objection is ruled upon. Otherwise, the Clerk will issue it as a part of its ministerial duties in doing so.
Andrew M. Feldman, Esq.
Feldman Law
Dadeland Square
7700 North Kendall Drive
Suite 809
Miami, Florida 33156
Tel.: 305-445-2005, Ext. 202
Fax: 305-445-2889
Email: AFeldman@FeldmanLawOffices.commailto:AFeldman@FeldmanLawOffices.com
A portion of our practice involves the collection of a debt. To the extent you are communicating with our firm in its capacity as a debt collector, pursuant to the Fair Debt Collection Practices Act, you are advised that any information obtained may be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, January 08, 2014 11:52 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Look at the foreclosure judgment. It should spell out the time for redemption.
Bruce D. Partington
Clark Partington
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Wednesday, January 08, 2014 10:36 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner redemption after foreclosure
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.
[email signature 4]
The 10-day objection period post-sale isn't a redemption period for the owner. Instead, it's a chance to object to the procedure of the foreclosure sale. That's all. Very limited basis for objecting.
[Description: cid:D53DE751-A618-4ABE-85B5-79B517F1A7C6]
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Feldman
Sent: Wednesday, January 08, 2014 11:03 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Typically the right of redemption would expire upon filing of the Certificate of Sale.
Andrew M. Feldman, Esq.
Feldman Law
Dadeland Square
7700 North Kendall Drive
Suite 809
Miami, Florida 33156
Tel.: 305-445-2005, Ext. 202
Fax: 305-445-2889
Email: AFeldman@FeldmanLawOffices.commailto:AFeldman@FeldmanLawOffices.com
A portion of our practice involves the collection of a debt. To the extent you are communicating with our firm in its capacity as a debt collector, pursuant to the Fair Debt Collection Practices Act, you are advised that any information obtained may be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, January 08, 2014 11:52 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Look at the foreclosure judgment. It should spell out the time for redemption.
Bruce D. Partington
Clark Partington
bpartington@cphlaw.commailto:bpartington@cphlaw.com
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Wednesday, January 08, 2014 10:36 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner redemption after foreclosure
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.
[email signature 4]
The owner's right of redemption terminates under Florida law at the time of the sale. The 10 day period has nothing to do with redemption. The Certificate of Sale is usually issued that day. The 10 day period is the waiting period before the issuance of the certificate of Title and all that can be contested during that time is limited to issues raised as to the sale itself (.i.e high bidder did not pay remaining balance by the end of the day, no proof of publication filed in the court file, or wrong legal on publication etc). If no one challenges the procedure, then the Certificate of Title is issued.
Laurie B. Sams
Van Winkle & Sams, P.A.
3859 Bee Ridge Road, Suite 202
Sarasota, FL 34233
(941) 923-1685
fax (941) 923-0174
www.vwslaw.com
Please Note: Our firm only accepts WIRES for closings.
CONFIDENTIALITY NOTE: This transmittal may be a confidential attorney-client communication or may otherwise
be privileged or confidential. If it is not clear that you are the intended recipient, you are hereby notified that you have
received this transmittal in error. In that case, any review, dissemination, distribution or copying of this transmittal is
strictly prohibited. If you suspect that you have received this communication in error, please notify us immediately by
telephone (941) 923-1685, or e-mail at lauriesams@comcast.net and immediately delete this message and all of its
attachments.
----- Original Message -----
From: John Trawick
To: Andrew Feldman ; Brian Solomon ; clc-discussion@lists.flabarrpptl.org
Sent: Wednesday, January 08, 2014 12:30 PM
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
The 10-day objection period post-sale isn't a redemption period for the owner. Instead, it's a chance to object to the procedure of the foreclosure sale. That's all. Very limited basis for objecting.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Andrew Feldman
Sent: Wednesday, January 08, 2014 11:03 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Typically the right of redemption would expire upon filing of the Certificate of Sale.
Andrew M. Feldman, Esq.
Feldman Law
Dadeland Square
7700 North Kendall Drive
Suite 809
Miami, Florida 33156
Tel.: 305-445-2005, Ext. 202
Fax: 305-445-2889
Email: AFeldman@FeldmanLawOffices.com
A portion of our practice involves the collection of a debt. To the extent you are communicating with our firm in its capacity as a debt collector, pursuant to the Fair Debt Collection Practices Act, you are advised that any information obtained may be used for that purpose.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Bruce Partington
Sent: Wednesday, January 08, 2014 11:52 AM
To: Brian Solomon; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Owner redemption after foreclosure
Look at the foreclosure judgment. It should spell out the time for redemption.
Bruce D. Partington
Clark Partington
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law
NOTICE: This e-mail message and any attachments are private communication sent by the law firm of Clark Partington Hart Larry Bond & Stackhouse, and may contain confidential, legally privileged information meant solely for the intended recipient. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this communication is strictly prohibited. Please notify the sender immediately by replying to this message, and delete the e-mail and any attachments from your system. Thank you.
From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Wednesday, January 08, 2014 10:36 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Owner redemption after foreclosure
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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