Florida Statute 673.3091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.3091

673.3091 Enforcement of lost, destroyed, or stolen instrument.—

(1) A person not in possession of an instrument is entitled to enforce the instrument if:

(a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;

(b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and

(c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.

(2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, s. 673.3081 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

History.—s. 2, ch. 92-82; s. 1, ch. 2004-3.

F.S. 673.3091 on Google Scholar

F.S. 673.3091 on Casetext

Amendments to 673.3091

Arrestable Offenses / Crimes under Fla. Stat. 673.3091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.3091.

Annotations, Discussions, Cases:

Cases Citing Statute 673.3091

Total Results: 20

Krapff, Gray, and Nightengale Properties, LLC v. Wilmington Trust, National Association, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-12-18

Snippet: substantial evidence.”) (internal citations omitted); § 673.3091, Fla. Stat. (2023).

U. S. BANK TRUST, N. A., AS TRUSTEE, LSF9 MASTER PARTICIPATION TRUST v. RODRIGUEZ, UNITED STATES OF AMERICA, ON BEHALF OF HOUSING AND URBAN DEV.

Court: District Court of Appeal of Florida | Date Filed: 2024-11-22

Snippet: had to reestablish the lost note. Under section 673.3091(1), Florida Statutes (2017), it was required to

Unknown Trustee of The Ledon Family Irrevocable Gift Trust Agreement, etc. v. Mortgageit Mortgage Loan Trust, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: may establish the requirements under section 673.3091(1), Florida Statutes, for reestablishing a lost

Chester Greunke v. The Bank of New York Mellon, etc.

Court: District Court of Appeal of Florida | Date Filed: 2024-07-17

Snippet: LOBREE, JJ. PER CURIAM. Affirmed. See § 673.3091, Fla. Stat. (2019); Wells Fargo Bank, N.A. v.

Mary Djurasevic, etc. v. Ronald Thompson

Court: District Court of Appeal of Florida | Date Filed: 2024-06-19

Snippet: right to enforce the instrument.” (quoting § 673.3091(2), Fla. Stat.)); McLean, 79 So. 3d at 173 (holding

THE BANK OF NEW YORK MELLON, etc. v. TIMOTHY M. KARDOK a/k/a TIMOTHY KARDOK

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

Snippet: in accordance with the language of the statute 673.3091.” The trial court subsequently entered a final

FEDERAL NATIONAL MORTGAGE ASSOCIATION v. MAXIMO R. TRINIDAD and THERESA A. TRINIDAD

Court: District Court of Appeal of Florida | Date Filed: 2023-03-15

Snippet: entitlement to enforce the lost note. Section 673.3091(1), Florida Statutes (2017), sets forth three

U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006EFC2 vs KENNETH BELL, SR., AND ALENA BELL

Court: District Court of Appeal of Florida | Date Filed: 2023-01-27

Snippet: entitled to enforce the instrument pursuant to s. 673.3091 or s. 673.4181(4).” See § 673.3011, Fla. Stat

DANIEL LEWIS and ROSANNA LEWIS v. US BANK NATIONAL ASSOC., ETC.

Court: District Court of Appeal of Florida | Date Filed: 2020-06-17

Snippet: reestablish the lost note, pursuant to section 673.3091, Florida Statutes; and it cannot rely on its corrective

WELLS FARGO BANK, N.A. v. MARGARETH F BRICOURT

Court: District Court of Appeal of Florida | Date Filed: 2020-02-12

Snippet: standard for reestablishing a lost note under § 673.3091(1)(c), Florida Statutes (2019), and that it met

DEUTSCHE BANK NAT'L. ASSOC. TRUST v. STEVE SMITH and ALTHEA SMITH

Court: District Court of Appeal of Florida | Date Filed: 2019-07-17

Snippet: to section 673.3091, Florida Statutes. § 673.3011(3), Fla. Stat. (2013). Section 673.3091, Florida Statutes

FLORIDA HOLDING 4800 LLC v. LAUDERHILL LENDING, LLC

Court: District Court of Appeal of Florida | Date Filed: 2019-06-26

Citation: 275 So. 3d 183

Snippet: to enforce a lost note are set forth in Section 673.3091, Florida Statutes (2017), which provides:

MBC Gospel Network, LLC, Willie Gary, Lorenzo Williams v. Florida's News Channel, LC, Evander Holyfield, Cecil Fielder, and Rick Newberger

Court: District Court of Appeal of Florida | Date Filed: 2019-04-22

Snippet: reestablish the lost note as required by section 673.3091, Florida Statutes.

Frank Certo and Muriel Certo v. The Bank of New York Mellon F/K/A etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 268 So. 3d 901

Snippet: instrument; i.e., had/has standing); see also § 673.3091(1)(a), (2), Fla. Stat.; Peters v. Bank of N.Y

SAMANTHA ROUSSELL v. THE BANK OF NEW YORK MELLON

Court: District Court of Appeal of Florida | Date Filed: 2019-02-06

Citation: 263 So. 3d 100

Snippet: instrument when loss of possession occurred.” § 673.3091(1)(a), Fla. Stat. (2017). The bank failed

Connie L. Mielke and Blair C. Mielke v. Deutsche Bank National Trust Company, etc.

Court: District Court of Appeal of Florida | Date Filed: 2019-01-10

Citation: 264 So. 3d 249

Snippet: for enforcing a lost note pursuant to section 673.3091, Florida Statutes, do not create an independent

Aquasol Condo Assoc. v. HSBC Bank USA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Snippet: note who is entitled to enforce under section 673.3091, Florida Statutes.’” (quoting Gorel v. Bank of

Santos v. HSBC Bank USA

Court: District Court of Appeal of Florida | Date Filed: 2018-10-31

Citation: 258 So. 3d 535

Snippet: to support the indemnity required under section 673.3091(2) of the Florida Statutes, our review is precluded

Aquasol Condo Assoc. v. HSBC Bank USA

Court: District Court of Appeal of Florida | Date Filed: 2018-08-15

Snippet: note who is entitled to enforce under section 673.3091, Florida Statutes.’” (quoting Gorel v. Bank of

Bank of New York v. Burgiel

Court: District Court of Appeal of Florida | Date Filed: 2018-05-21

Citation: 248 So. 3d 237

Snippet: note who is entitled to enforce under section 673.3091 or section 673.4181(4), Florida Statutes. § 673