NATIONSTAR MORTGAGE
v.
ROQUE
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A mortgagor properly exercises the right of redemption under section 45.0315 by curing the default before the Certificate of Sale is issued, and a foreclosure sale may be vacated when reinstatement funds are received prior to Certificate of Sale issuance.
[1] Under Florida Statutes section 45.0315, a mortgagor may exercise the right of redemption by curing the indebtedness at any time before the later of the filing of a certif…
[2] A mortgagor properly exercises the right of redemption when reinstatement funds are submitted on the date of the foreclosure sale but before the certificate of sale is is…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the mortgagor may cure the indebtedness and prevent a foreclosure sale 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.'”
This quote establishes the statutory right of redemption under section 45.0315 and the controlling timeline for when a mortgagor must exercise that right.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceNationstar obtained a final judgment of foreclosure against Felicita Roque on October 20, 2016. The foreclosure sale occurred on November 8, 2017, wit…
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Third District Court of Appeal
State of Florida
Opinion filed July 25, 2018.
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No. 3D18-0613 Lower Tribunal No. 14-31275
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Nationstar Mortgage LLC, etc.,
Appellant,
vs.
Felicita Roque, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Albertelli Law, and Teodora Siderova and Shannon T. Sinai (Tampa), for appellant. Jose M. Cervera, for appellees Ysabel Ynoa De De Leon and CUV087 Corp. Before ROTHENBERG, C.J., and SUAREZ, and LINDSEY, JJ.
ON CONFESSION OF ERROR
LINDSEY, J.
Nationstar Mortgage LLC DBA Champion Mortgage Company (“Nationstar”) appeals the trial court’s Order Denying [Nationstar’s] Objection to Sale and Motion to Vacate November 8, 2017 Foreclosure Sale and Certificate of Sale, To Prevent the Clerk From Issuing Certificate of Title, and To Return the Third Party’s Sale Proceeds (“Objection to Sale and Motion to Vacate”) entered on January 29, 2018 and the trial court’s Order Denying [Nationstar’s] Motion for Rehearing (“Motion for Rehearing”) entered on March 2, 2018. The Final Judgment of Foreclosure was entered by the trial court on October 20, 2016 and provided that Felicita Roque (the “Borrower”)’s right of redemption “terminated upon issuance of the Certificate of Sale.” On November 7, 2017, the trial court denied Nationstar’s emergency motion to cancel the November 8, 2017 foreclosure sale. The foreclosure sale proceeded on November 8, 2017, and third party purchaser Ysabel Ynoa De De Leon and CUV087 Corp. (“Appellee- Purchasers”) submitted the highest bid. The Certificate of Sale was issued on November 14, 2017. Nationstar filed the Objection to Sale and Motion to Vacate on November 20, 2017, objecting to the foreclosure sale because timely reinstatement funds necessary to cure the default were received on November 8, 2017—six days before the Certificate of Sale was issued. After the trial court denied the Objection to Sale and Motion to Vacate on January 29, 2018, Nationstar filed the Motion for Rehearing and again reiterated that it had received the requisite reinstatement funds prior to the Certificate of Sale being issued. The trial court subsequently denied the Motion for Rehearing and Nationstar filed a timely Notice of Appeal on March 22, 2018. The Appellee- Purchasers filed a Confession of Error on June 29, 2018, conceding that the trial court erred in denying Nationstar’s Objection to Sale and Motion to Vacate because the Borrower properly exercised her right of redemption “within the time, manner, and procedure set forth” in paragraph seven of the Final Judgment of Foreclosure and in compliance with section 45.0315, Florida Statutes (2016). We agree.
Florida courts have consistently held that section 45.0315 affords the trial court authority to set a time in the final judgment by which the mortgagor must exercise their right of redemption or forfeit that right.1 See Emanuel, 655 So. 2d at
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