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286 So. 2d 275

Docket No. 73-539.

Walters v. Gallman

Morris WALTERS and Joice Walters, His Wife, Appellants, v. Lawrence F. GALLMAN and Patricia J. Gallman, His Wife, Appellees.

District Court of Appeal of Florida

Decided December 14, 1973.

District Court of Appeal of Florida · decided 1973-12-14

Key passage — most relied on by later courts

“In cases when a person has an equity of redemption, the court shall not specify a time for the redemption, but the person may redeem the property at any time before the sale.”

quoted by 1 later decision, including 401 So. 2d 1150 - John Crescent, Inc. v. Peterson

Relies on 277 So. 2d 843 - Allstate Mortgage Corp. of Florida v. Strasser · 257 So. 2d 599 - Roberts v. J. I. Kislak Mortgage Corp.

Good law ✅— No negative treatment on recordhow we know

Decided 1973-12-14

How this case has been cited

Cited by 4 later decisions — most recently December 1994

3 state decisions

20197319801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Nathan Loeb, Orlando, for appellants.

¶2William J. Smith, Orlando, for appellees.

¶3MAGER, Judge.

¶4The facts pertinent to the disposition of this appeal reflect that defendants, subsequent to the foreclosure sale of their property pursuant to a judgment of foreclosure and within ten days after the filing of a certificate of sale but prior to the issuance of a certificate of title, filed objections to said foreclosure sale and sought to exercise their right of redemption. From an order overruling defendants' objections to the sale and the issuance of a certificate of title (and in effect precluding the exercise of the right of redemption) this appeal ensued.

¶5Essentially, the question presented for this court's determination is whether the right of redemption must be exercised "before the sale", as set forth in F.S. Section 45.031(1), F.S.A., which provides, in part, as follows:

"In cases when a person has an equity of redemption, the court shall not specify a time for the redemption, but the person may redeem the property at any time before the sale." (Emphasis added.)

¶6The identical question was considered by the Third District in Allstate Mortgage Corp. of Florida v. Strasser, Fla.App. 1973, 277 So.2d 843. We adopt the rationale of Strasser wherein the court, in concluding that redemption may be granted subsequent to the day of sale, observed, in part:

"... Inasmuch as that portion of the statute pertaining to time of redemption does not clearly change the common law right of redemption up until confirmation of the sale, we must hold the common law rule prevails. ...
… *
"... we hereby find that the Legislature intended to adopt the recognized meaning of the word `sale' and that the sale did not take place until ownership of the property was transferred. Said transfer takes place according to § 45.031(3), Fla. Stat., F.S.A., ten days after *276 the day of the sale, upon no objections being filed thereto and issuance of the certificate of title.
"Based on the foregoing, we find the trial court had the power to grant a right of redemption up until the issuance of a certificate of title... ." (Emphasis added.)

¶7Cf. Roberts v. J.I. Kislak Mortgage Corporation, Fla.App. 1972, 257 So.2d 599.

¶8Defendants having sought to exercise their right of redemption subsequent to sale but prior to the issuance of a certificate of title, the order appealed from must be reversed and the cause remanded to the trial court for further proceedings not inconsistent with this opinion.

¶9WALDEN and DOWNEY, JJ., concur.

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