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Antoine v. Vives

District Court of Appeal of Florida, Third District
May 10, 2011
59 So. 3d 293 (Fla. Dist. Ct. App. 2011)

Opinion

No. 3D10-2947.

April 13, 2011. Rehearing Denied May 10, 2011.

An Appeal from a non final order from the Circuit Court for Miami-Dade County, Barbara Areces, Judge.

Juliette Antoine, in proper person.

Ricardo R. Vives, for appellee.

Before RAMIREZ, C.J., and GERSTEN and EMAS, JJ.


Affirmed. See § 45.0315, Fla. Stat. (2010) (providing statutory right of redemption provides holder of any subordinate interest with right to cure the mortgagor's indebtedness and prevent a foreclosure sale at any time before the later of the filing of a certificate of sale, or time specified in the judgment of foreclo-sure); See also Saidi v. Wasko, 687 So.2d 10, 11 (Fla. 5th DCA 1997) (holding that the right of redemption is an estate in land and a protected equitable right of the mortgagor; it allows the mortgagor to reclaim her estate in foreclosed property after it has been forfeited by paying the amount of the debt, interest and costs. A mortgagor need not obtain permission of the trial court before exercising the right of redemption).


Summaries of

Antoine v. Vives

District Court of Appeal of Florida, Third District
May 10, 2011
59 So. 3d 293 (Fla. Dist. Ct. App. 2011)
Case details for

Antoine v. Vives

Case Details

Full title:Juliette ANTOINE, Appellant, v. Juan C. VIVES, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 10, 2011

Citations

59 So. 3d 293 (Fla. Dist. Ct. App. 2011)