The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually made pursuant to the terms of such decree, and to dismiss the foreclosure proceeding upon the payment of all court costs.
Fla. Stat. § 702.07
Power of courts and judges to set aside foreclosure decrees at any time before sale
Applied in 3 court decisions — leading case REALTY INVESTMENT CORP. v. Stern (1974)
Most recently applied in Casares v. Wells Fargo Bank, N.A. (August 2017)
History.--s. 1, ch. 11881, 1927; CGL 5752.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.