Florida Statute 76.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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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.

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Amendments to 76.07

Annotations, Discussions, Cases:

Cases Citing Statute 76.07

Total Results: 3 | Sort by: Relevance | Newest First

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Tingle v. Hornsby, 111 So. 2d 274 (Fla. 1st DCA 1959).

Cited 17 times | Published | Florida 1st District Court of Appeal

Wife, § 69. [6] 26 Am.Jur. Husband and Wife, § 76. [7] Ohio Butterine Co. v. Hargrave, 79 Fla. 458

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Galloway v. Musgrave, 154 So. 2d 846 (Fla. 2d DCA 1963).

Cited 5 times | Published | Florida 2nd District Court of Appeal

...[3] The right of possession conferred on the mortgagee by § 699.09, Fla. Stat., F.S.A., 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....

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Williams v. Gen. Fin. Loan Co. of Miami North, 143 So. 2d 689 (Fla. Dist. Ct. App. 1962).

Published | District Court of Appeal of Florida | 1962 Fla. App. LEXIS 3096

...This is an interlocutory appeal from an order denying a motion to dissolve an attachment issued in aid of a mortgage fore-clósure on personal property. 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....

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