Florida Statutes

Fla. Stat. § 76.07 (2025)

Attachment in aid of foreclosure.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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76.07 Attachment in aid of foreclosure.—Any creditor who is commencing or has commenced an action to foreclose a mortgage on personal property may have an attachment against the property, when the creditor has reason to believe and does believe that:

(1) The property or part of it will be concealed or disposed of so that it will not be forthcoming to answer a judgment on foreclosure.

(2) The property or part of it will be removed beyond the jurisdiction of the court.

(3) The property or part of it is of a perishable character and is being used and consumed by the mortgagor or other parties.

(4) The property or part of it has been disposed of without the consent of the party holding the mortgage, and stating who has the property, if known and if not known, that he or she does not know who has it.

History.—s. 6, Dec. 11, 1824; RS 1640; GS 2104; RGS 3405; s. 1, ch. 8477, 1921; CGL 5258; s. 26, ch. 67-254; s. 373, ch. 95-147.

Notes of Decisions

Cited in 2 cases, 1962–1963 · leading case: Galloway v. Musgrave, 154 So. 2d 846 (Fla. 2d DCA 1963).

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Galloway v. Musgrave, 154 So. 2d 846 (Fla. 2d DCA 1963). · cites it 2× “, and its exercise was analogous to the procedure whereby possession of mortgaged personal property is authorized to be taken for the benefit of a mortgagee, by an attachment in aid of foreclosure under § 76.07, Fla. Stat., F.S.A. [4] The complaint contained a prayer for a…”

Williams v. Gen. Fin. Loan Co. of Miami North, 143 So. 2d 689 (Fla. 3d DCA 1962). · cites it 2× “The appellant contends that the attachment affidavit is defective in that it fails to meet the statutory requirement of § 76.07, Fla.Stat., F.S.A. We conclude that this contention has merit.”

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