BEE BEE MEDICAL CENTER, INC., AND ALAN FELDMAN, APPELLANTS,
v.
STRATEGIC CONSULTING AND MANAGING, INC., APPELLEE
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Bee Bee Medical Center and Alan Feldman appealed the trial court's decision to set aside a certificate of redemption they obtained after paying the foreclosure judgment amount but before attorney's fees and costs were assessed. The court reversed, holding that the redemptioners properly exercised their statutory right of redemption by paying the amount specified in the judgment.
The court held that Bee Bee and Feldman properly exercised their redemption rights by paying the amount specified in the judgment, as required by section 45.0315, Florida Statutes, and that they should not be prevented from exercising those rights due to the creditor's failure to include fees and costs in the judgment.
[1] A mortgagor may exercise redemption rights at any time before the clerk's filing of a certificate of sale by paying the amount of moneys specified in the judgment, order,…
[2] A mortgagor's right of redemption is properly exercised by paying the principal and interest due when those amounts are specified in the judgment, even if attorney's fees…
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Join FLexlaw to unlock all legal intelligence“Under section 45.0315, Florida Statutes (1993), a mortgagor may exercise redemption rights at any time before the clerk's filing of a certificate of sale "by paying the amount of moneys specified in the judgment, order, or decree of foreclosure."”
Establishes the statutory standard for proper redemption when a judgment has been entered
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Join FLexlaw to unlock all legal intelligenceStrategic Consulting filed a foreclosure action and obtained a summary final judgment against Bee Bee Medical Center and Alan Feldman for $125,000 plu…
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BLUE, Judge.
Bee Bee Medical Center, Inc., and Alan Feldman appeal the trial court’s order setting aside the clerk’s certificate of redemption after they paid the judgment amount but before attorney’s fees and costs had been assessed. Because we conclude that Bee Bee and Feldman properly exercised their right of redemption, we reverse.
Strategic Consulting and Managing, Inc., filed a foreclosure action and a summary final judgment of foreclosure was entered in its favor in the amount of $125,000 plus interest. The final judgment reserved jurisdiction to award attorney’s fees and costs. The day before the foreclosure sale, Bee Bee and Feldman paid $142,765.07 to the clerk of the court, who issued a certificate of redemption on their behalf.
Strategic filed an “Emergency Motion To Stay Issuance Of A Satisfaction Of The Final Judgment, For Amendment Of The Summary Final Judgment And To Reschedule Foreclosure Sale.” The motion asserted that Bee Bee and Feldman had tendered only the principal and interest due but did not include attorney’s fees and costs. The trial court granted Strategic’s motion, holding that Bee Bee and Feldman did not properly exercise their right of redemption. The trial court set aside the clerk’s certificate of redemption and rescheduled the foreclosure sale.
Under section 45.0315, Florida Statutes (1993), a mortgagor may exercise redemption rights at any time before the clerk’s filing of a certificate of sale “by paying the amount of moneys specified in the judgment, order, or decree of foreclosure.” Alternatively, if no judgment has been entered, the statute provides for redemption by a tender of the performance due plus reasonable expenses and attorney’s fees. In this case, Bee Bee and Feldman paid the amount specified in the judgment, and therefore, properly exercised their right of redemption under the statute. Bee Bee and Feldman should not be prevented from exercising their redemption rights due to Strategic’s failure to include the fees and costs in the judgment. We conclude that the trial court erred in setting aside the certificate of redemption and, accordingly, we reverse.
RYDER, A.C.J., and LAZZARA, J„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Verneret v. Foreclosure Advisors, LLC, 45 So. 3d 889 (Fla. 3d DCA 2010)…em would have expired if the clerk filed a certificate of sale. However, since Ms. Verneret tendered a check to Foreclosure Advisors, her right to redeem had not yet expired. In Bee Bee Medical Center, Inc. v. Strategic Consulting & Managing, Inc., 677 So. 2d 84 (Fla. 2d DCA 1996), the trial court entered a final judgment of foreclosure in favor of the plaintiff, Strategic Consulting. The final judgment specified the amount due for principal and interest and reserved jurisdiction to award attorney’s fees an…
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Parsons v. Whitaker Plumbing OF Boca Raton, Inc., 751 So. 2d 655 (Fla. 4th DCA 1999)…ent was improper, in light of their April, 1998 redemption of the property. The trial court overruled this objection. We affirm. Appellants urge this court to reverse based upon Bee Bee Medical Center, Inc. v. Strategic Consulting & Managing, Inc., 677 So. 2d 84 (Fla. 2d DCA 1996). In that case, the trial court entered a final judgment of foreclosure in favor of Strategic Consulting, the plaintiff in a mortgage foreclosure action. The final judgment [*656] specified the amount due for principal and interest…
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Harbor BAY Condos., Inc. v. Fabian Basabe & May Basabe, 856 So. 2d 1067 (Fla. 3d DCA 2003)…ing his redemption rights due to Harbour Bay Condominium’s failure to include the fees and costs in the Judgment, whether such failure was either by mistake or intentional. See Bee Bee Medical Center Inc., v. Strategic Consulting and Managing, Inc., 677 So. 2d 84 (Fla. 2d DCA 1996). Finding the denial of Harbor Bay’s motion proper, we affirm. A trial court does not retain the authority to amend or modify a final judgment, absent a rule or statute providing otherwise. See Frumkes v. Frumkes, 328 So. 2d 34, 3…
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