Tampa, FL asked in Real Estate Law for Florida

Q: My house sold back to lender at auction, the clerk of courts told me I have until June 4th to file for redemption.

Do I need the money for redemption by then or is filling asking for permission and more redemption time?

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1 Lawyer Answer
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: If your house sold and certificate of sale issued then you have no redemption rights. Right of redemption ends when the certificate of sale issues (usually same day as or day after the auction) per the below statute; it is very likely too late now.

45.0315 Right of redemption.—At any time before the later of the filing of a certificate of sale by the clerk of the court or the time specified in the judgment, order, or decree of foreclosure, the mortgagor or the holder of any subordinate interest may cure the mortgagor’s indebtedness and prevent a foreclosure sale by paying the amount of moneys specified in the judgment, order, or decree of foreclosure, or if no judgment, order, or decree of foreclosure has been rendered, by tendering the performance due under the security agreement, including any amounts due because of the exercise of a right to accelerate, plus the reasonable expenses of proceeding to foreclosure incurred to the time of tender, including reasonable attorney’s fees of the creditor. Otherwise, there is no right of redemption.

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