Clerk ’ s CORNER
PAYOFFS AND SATISFACTIONS
Understanding the Clerk ’ s Role in Mortgage Foreclosure Cases by Karen E . Rushing Clerk of Court and County Comptroller
In an effort to create uniformity in clerk practices circuit-wide and to alleviate any challenges experienced by the parties with payoff figures , the Sarasota Clerk of the Circuit Court will rely upon the judgment holder to identify the amount due to satisfy a judgment in a mortgage foreclosure case . The responsibility for calculating payoff amounts in foreclosure cases lies with the judgment holder or their legal representative , who is responsible for issuing the satisfaction . This is consistent with Florida law , which does not permit the clerk to prepare satisfactions in foreclosure cases , leaving this duty to the judgment holder who is responsible for ensuring compliance with the specific terms of the judgment . Redemption amounts can still be remitted to the clerk , who will rely on the face value of the judgment for redemption purposes .
In Florida , the role of the clerk of the court in mortgage foreclosure cases is defined by specific statutes and case law . Due to the legal distinction between foreclosure judgments and judgments strictly for the payment of money , this office does not prepare satisfactions in foreclosure cases . This principle is supported by Florida case law , including Dawson vs . Hernandez , 300 So . 3d 248 ( Fla . 4th DCA 2020 ) and Mortgage Electronic Registration Systems vs . Mahler , 928 So . 2d 470 ( Fla . 4th DCA 2006 ).
Section 55.141 of the Florida Statutes outlines the satisfaction of judgments and decrees , emphasizing that its provisions apply to judgments “ for the payment of money .” However , foreclosure judgments are distinct from standard money judgments , for which this office can prepare a payoff and satisfaction , because they involve additional rights and remedies under the law , such as a judicial sale of the property . Foreclosure judgments are governed more specifically by s . 701.041 , Florida Statues . Under Florida law , when two statutes govern the same subject matter , the more specific statute controls .
The clerk ’ s limited role in foreclosure cases reflects the legal distinction between monetary judgments and foreclosure judgments . Florida case law and statutory provisions , particularly sections 55.141 and 701.041 , clarify that the preparation of satisfactions in foreclosure cases , and the associated payoff amount , fall outside of the clerk ’ s duties . This office will continue its practice of providing payoff amounts and satisfactions for money judgments .
As the Sarasota Clerk of the Circuit Court , I am proud to reaffirm this office ’ s unwavering commitment to serving our community with integrity , dedication , and excellence . Our team is passionate about providing exceptional service that not only meets but exceeds your expectations . �
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