## Facts

- A mortgagee accelerated the note after default and filed a foreclosure complaint on July 19, 1993.
- A final judgment of foreclosure was entered on March 18, 1994, providing that upon the clerk’s filing of a certificate of sale there would be no further right of redemption.
- The foreclosure sale occurred on April 25, 1994, and third-party bidders (later intervenors) were the successful purchasers.
- The clerk issued a certificate of sale to the purchasers on April 26, 1994.
- On May 4, 1994, the mortgagor moved to redeem and obtained an order restraining the purchasers from taking possession pending resolution of the redemption motion.
- The purchasers moved to intervene on May 12, 1994; intervention was granted.
- On August 18, 1994, the trial court granted the mortgagor leave to redeem within ten days by paying the required funds to the clerk.
- The intervening purchasers appealed the order permitting post-sale redemption.

## Issues

1. Under Fla. Stat. § 45.0315 (1993) and a foreclosure judgment specifying that redemption ends upon filing the certificate of sale, may a mortgagor redeem after the foreclosure sale and after the clerk has issued/filed the certificate of sale.
2. Whether the trial court had authority to grant additional time to redeem after the statutory/judgment cutoff event had occurred.

## Decision

- The appellate court reversed the order that allowed the mortgagor ten additional days to redeem.
- Fla. Stat. § 45.0315 controlled the timing of redemption and superseded prior common-law timing rules.
- The foreclosure judgment’s provision cutting off redemption upon filing of the certificate of sale was consistent with § 45.0315 and was enforceable.
- Because the certificate of sale had already issued/been filed before the mortgagor moved to redeem, the redemption attempt was untimely and could not be authorized by the trial court.

## Legal Principles

- Fla. Stat. § 45.0315 governs when a mortgagor’s right of redemption is extinguished in foreclosure proceedings.
- The right of redemption continues only until the later of (a) the time specified in the foreclosure judgment or (b) the filing of the certificate of sale.
- When the foreclosure judgment specifies that redemption terminates upon the filing of the certificate of sale, redemption is barred after that event occurs.
- A trial court may not extend or revive redemption rights after the statutory/judgment cutoff has passed, even if the mortgagor tenders funds within a later period set by the court.

## Conclusion

The court held that the mortgagor’s redemption right ended when the clerk filed the certificate of sale as specified in the foreclosure judgment and authorized by § 45.0315, so the post-certificate order granting additional time to redeem was reversed.


Emanuel v. Bankers Trust Co., 655 So. 2d 247 (Fla. Dist. Ct. App. 1995)