Section 1322(c)(1) of the Bankruptcy Code allows debtors to cure defaults and reinstate a mortgage on their principal residence "until such residence is sold at a foreclosure sale that is conducted in accordance with applicable nonbankruptcy law." Like many provisions of the Bankruptcy Code, this one appears fairly straightforward at first glance; a debtor has the right to cure and reinstate a home mortgage until the property is sold at a foreclosure sale.

In Florida, however, bankruptcy courts have interpreted section 1322(c)(1) in a way that allows debtors to cure and reinstate a home mortgage even after a foreclosure sale, as long as the petition is filed prior to the clerk's issuance of the certificate of sale under § 45.031, Fla. Stat. (2014). Although certificates of sale are generally issued shortly after the conclusion of a foreclosure sale, and § 45.031(4) requires the clerk to issue them "promptly," for one reason or another there are delays in the process. Whether the delay is a matter of hours, or a matter of days, it gives rise to an extended right to cure and reinstate for an indefinite period of time, resulting in a number of legal and practical problems when a debtor takes advantage of such extended right.