Waterview Towers Yacht Club v. Givianpour, ___ So. 3d ___, 40 Fla. L. Weekly D351 (Fla. 1st DCA February 5, 2015)
The condominium association obtained final judgment of foreclosure based upon unpaid assessments. Four days after the clerk filed a certificate of sale and the property was purchased by the association at a public sale, the owner sought to redeem the property, but the association refused the tender. The trial court granted the owner’s motion to enforce redemption, but the appellate court reversed. Section 45.0315, Florida Statutes, provides that foreclosed property may be redeemed before the clerk of the court files a certificate of sale or the time specified in the judgment, whichever occurs later. In this case, the judgment provided that the property could not be redeemed after the certificate of sale was filed. Therefore, the right of redemption terminated when the certificate of sale was filed, and the trial court lacked authority to rule otherwise. The appellate court refused to recognize a distinction between the equity of redemption at common law and the right of redemption under the statute and to apply a different set of rules for each.
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