ANTOINE V. VIVES

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed April 13, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D10-2947 Lower Tribunal No. 09-33477 ________________ Juliette Antoine, Appellant, vs. Juan C. Vives, Appellee. 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. PER CURIAM. 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 foreclosure); 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). 2

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