Wane v. U.S. Bank, National Ass'n (2013)
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However, during the pendency of a foreclosure of the mortgage the statute also allows the rents to be deposited into the registry of the court or another depository designated by the court upon motion by the mortgagee or mortgagor. § 697.07(4); see also Wane, 128 So. 3d at 934 ("Section 697.07 draws a clear line between a motion seeking sequestration of rents into the court registry [under subsection (4)] and a motion seeking an actual assignment of rents to the lender pendi…
"Section 697.07 draws a clear line between a motion seeking sequestration of rents into the court registry [under subsection (4)] and a motion seeking an actual assignment of rents to the lender pending foreclosure [under subsection (3)]."
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Rothfos Corporation v. H&H Coffee Investments, LLC (2023)
Fla. Mar. 10, 2014) (citing Wane v. U.S. Bank, Nat’l Ass’n, 128 So. 3d 932, 934 (Fla. 2d DCA 2013)).
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SEASPRAY RESORT LTD. v. UCF 1 TRUST 1 (2018)
Section 697.07 provides that if a foreclosure action is filed, and there is an assignment of rents securing the loan, the court may require the borrower to deposit collected rents into the court registry pending final judgment, regardless of any asserted defenses or counterclaims. § 697.07(4), Fla. Stat. (2013); see Wane v. U.S. Bank, Nat’l Ass’n, 128 So. 3d 932, 934-35 (Fla. 2d DCA 2013); Tidewater Estates Co-Op, Inc. v. U.S. Bank Nat’l Ass’n, 83 So. 3d 912 (Fla. 4th DCA 20…