Florida Statutes
Fla. Stat. § 673.1171 (2025)
Other agreements affecting instrument.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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673.1171 Other agreements affecting instrument.—Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
Notes of Decisions
Cited in 3
cases, 1995–2018 · leading case: Joanne Liukkonen v. Bayview Loan Servicing LLC, 243 So. 3d 981 (Fla. 4th DCA 2018).
Joanne Liukkonen v. Bayview Loan Servicing LLC, 243 So. 3d 981 (Fla. 4th DCA 2018). “(2016); see also § 673.1171, Fla. Stat. (2016). Like a mortgage, it “may thus be proved by using a properly authenticated duplicate.”
Bank of New York Mellon v. Garcia, 254 So. 3d 565 (Fla. 3d DCA 2018). “(2016); see also § 673.1171, Fla. Stat. (2016). Like a mortgage, it “may thus be proved by using a properly authenticated duplicate.”
Zaleski v. Woessner, 659 So. 2d 716 (Fla. 5th DCA 1995). “In this case, the agreement modifies the terms of the note by stating a condition to the obligation of Y to pay the note.”
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