Cooper Smith Properties, Ltd. v. Flower's Baking Co. of Florida, Inc., 82-1331
| Decision Date | 02 June 1983 |
| Docket Number | No. 82-1331,82-1331 |
| Citation | 432 So.2d 683 |
| Court | Florida District Court of Appeals |
| Parties | COOPER SMITH PROPERTIES, LTD., Appellant, v. FLOWER'S BAKING CO. OF FLORIDA, INC., etc., James W. Dugan and A.P. Henderson, Appellees. |
David A. Monaco of Cobb & Cole, P.A., Daytona Beach, for appellant.
John R. Godbee, Jr. of Coble, McKinnon, Rothert, Barkin, Clayton Vukelja & Godbee, P.A., and Horace Smith, Jr. of Dunn, Smith & Withers, P.A., Daytona Beach, for appellees.
The order of the trial court determining that the mortgagor was required to deposit with the Clerk a sum greater than the amount which the final judgment of foreclosure found to be due in order to redeem his property from that judgment, was error. A mortgagor attempting to redeem should not be required to pay any amount in excess of what the final judgment of foreclosure determines to be due. Blue Heron Land Co. v. Brown, 98 Fla. 1238, 125 So. 369 (1930). See also, Flagler Center Building Loan Corp. v. Chemical Realty Corporation, 363 So.2d 344 (Fla. 3d DCA 1978). Neither do we find anything in section 45.031, Florida Statutes (1981), that requires a mortgagor to seek permission of the court in order to exercise his right of redemption, which exists up to the time the certificate of title is issued. All State Mortgage Corporation of Florida v. Strasser, 277 So.2d 843 (Fla. 3d DCA 1973), affirmed, 286 So.2d 201 (Fla.1973); Roberts v. J.I. Kislak Mortgage Co., 257 So.2d 599 (Fla. 4th DCA 1972).
Because the mortgagor deposited with the Clerk the total amount found due by the judgment of foreclosure, prior to the issuance of the certificate of title, the redemption was proper and should not have been set aside. The order of September 14, 1982, vacating the redemption is therefore set aside, and the cause is remanded to the trial court with directions to confirm the mortgagor's redemption of his property, to order the return to the purchaser at the sale of any monies paid by it, and for such further proceedings as are consistent herewith.
REVERSED and REMANDED.
To continue reading
Request your trial
-
Photomagic Industries, Inc. v. Broward Bank
...470 So.2d 752 (Fla. 3d DCA 1985); Islamorada Bank v. Rodriguez, 452 So.2d 61 (Fla. 3d DCA 1984); Cooper Smith Properties, Ltd. v. Flower's Baking Co. of Fla., 432 So.2d 683 (Fla. 5th DCA), review dismissed sub nom. Coble v. Cooper Smith Properties, Ltd., 438 So.2d 831 (Fla.1983). "The failu......
-
Indian River Farms v. YBF PARTNERS
...not obtain the trial court's permission in order to exercise a right of redemption. See id.; Cooper Smith Props., Inc. v. Flower's Baking Co. of Florida, Inc., 432 So.2d 683, 684 (Fla. 5th DCA), petition for review dismissed, 438 So.2d 831 (Fla. 1983)(a mortgagor does not need to seek permi......
-
Popescu v. Laguna Master Ass'n, Inc.
...itself or the exercise of the equity of redemption is permissible without the consent of the court. Cooper Smith Prop. v. Flower's Baking Co., 432 So.2d 683 (Fla. 5th DCA 1983). Therefore, the failure to file objections did not preclude the court from cancelling the certificate of title whe......
-
Engels v. Valdesuso
...issued the certificate of title. See Allstate Mortgage Corp. v. Strasser, 286 So.2d 201 (Fla.1973); Cooper Smith Properties, Ltd. v. Flower's Baking Co., 432 So.2d 683 (Fla. 5th DCA), review dismissed, 438 So.2d 831 (Fla.1983); § 45.031(1), Fla.Stat. (1985); cf. John Stepp, Inc., 379 So.2d ......