The 2023 Florida Statutes (including Special Session C)
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. . . The requirements to enforce a lost note are set forth in Section 673.3091, Florida Statutes (2017), which . . . See § 673.3091(1)(a). . . . See § 673.3091(1)(b) & (c). . . .
. . . the plaintiff to prove it was entitled to enforce the instrument; i.e., had/has standing); see also § 673.3091 . . .
. . . ." § 673.3091(1)(a), Fla. Stat. (2017). . . . The bank failed to satisfy the requirements of section 673.3091(1)(a). . . .
. . . Because we find that the requirements for enforcing a lost note pursuant to section 673.3091, Florida . . . Accordingly, the trial court held that an "action under section 673.3091 is connected to an action for . . . Section 673.3091 provides as follows: (1) A person not in possession of an instrument is entitled to . . . The language of section 673.3091 demonstrates that it is not intended to create a cause of action to . . . As a result, section 673.3091 does not create a standalone cause of action apart from a breach. . . .
. . . remaining issue, i.e. that there was insufficient evidence to support the indemnity required under section 673.3091 . . .
. . . rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 . . .
. . . asserted that although the note was lost, it was entitled to enforce the instrument pursuant to section 673.3091 . . . Thus, PennyMac had to prove standing and the right to enforce the note, using section 673.3091, Fla. . . . Section 673.3091(1)(a), requires in part that "[t]he person seeking to enforce the instrument was entitled . . .
. . . Corp. , 185 So.3d 645, 646-47 (Fla. 2d DCA 2016) ; § 673.3091(2), Fla. Stat. (2017). . . .
. . . however, is that Wells Fargo was required to prove its entitlement to enforce the note under section 673.3091 . . .
. . . and (2) there was insufficient evidence to reestablish the lost note under Florida Statutes section 673.3091 . . . (quoting § 673.3091, Fla. Stat.). Here, the unbroken chain of assignments and Mr. . . . substantial evidence supporting the trial court's findings that the lost note requirements of section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . . Section 673.3091(1), Florida Statutes (2016) provides: (1) A person not in possession of an instrument . . . Thus, subsection 673.3091(1)(a) required that the Bank prove one of two things, that it either 1. . . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . The Bank was then required to comply with the second option in section 673.3091(1)(a) set forth above-the . . .
. . . a person not in possession who is entitled to enforce the instrument pursuant to Florida Statute § 673.3091 . . . That this was a "boilerplate" defense is disclosed by the fact that section 673.3091, Florida Statutes . . .
. . . as "an entity not in possession of the Note which is entitled to enforce the Note pursuant to F.S. 673.3091 . . . a mortgage includes a person not in possession of the note who is entitled to enforce under section 673.3091 . . . loss was not the result of a transfer or seizure, and the instrument cannot reasonably be obtained. § 673.3091 . . . Id. § 673.3091(2). . . . standing to foreclose as a person not in possession of the note who is entitled to enforce under section 673.3091 . . .
. . . . § 673.3091(1). . . . Id. § 673.3091(2). . . . Stat. § 673.3091. . . .
. . . Section 673.3091, Florida Statutes (2012), sets forth the requirements for a person not in possession . . . instrument from a person who was entitled to enforce the instrument when loss of possession occurred.” § 673.3091 . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 . . .
. . . .” § 673.3091(1)(a), Fla. Stat. (2014). . . .
. . . rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 . . . (citing § 673.3091, Fla. Stat. (2009)). . . .
. . . might occur by reason of a claim by another person to enforce the instrument,” as required by section 673.3091 . . .
. . . is entitled to enforce the instrument, but has lost'the Mortgage Note pursuant to Florida Statutes § 673.3091 . . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . Therefore, PennyMac had to satisfy the requirements outlined in section 673.3091 in order to prevail. . . . Section 673.3091 provides, in pertinent part, as follows: (1) A person not in possession of an instrument . . . See § 673.3091(1). . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 . . .
. . . to reestablish the lost note, Appellant was required to satisfy the requirements detailed in section 673.3091 . . . possession of an unknown person or a person that cannot be found or is not amenable to service of process. § 673.3091 . . .
. . . if Defendant cannot meet the requirements to enforce the Loan under Florida Statutes, §§ 673.3011 or 673.3091 . . . Plaintiff has cited no authority to support the proposition that Florida Statutes, §§ 673.3011 and 673.3091 . . .
. . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . .
. . . . § 673.3091, Fla. Stat. Mr. . . .
. . . Section 673.3091(l)(a)-(c), Florida Statutes (2014) provides: (1) A person not in possession of an instrument . . . enforcement under subsection (1) must prove the terms of the note and the party’s right to enforce it. § 673.3091 . . .
. . . . §§ 673.3011, 673.3091, Fla. Stat. (2016) (emphasis added). . . . establish standing to file suit, in addition to establishing the lost note requirements of section 673.3091 . . . See §§ 673.3011, 673.3091, Fla. Stat. (2015). . . .
. . . The Poags' argue that Nationstar failed to prove reestablishment of the lost note under section 673.3091 . . . On September 18, 2012, Nations-tar filed a complaint to reestablish a lost note under section'673.3091 . . . “A finding that a lost note is reestablished, under section 673.3091, Florida Statutes, is reversible . . . Corp., 185 So.3d 645, 645-46 (Fla. 2d DCA 2016) (quoting § 673.3091, Fla. . . . Section 673.3091 provides the requirements for entitlement to enforce a lost note as follows: (1) A person . . . court correctly denied enforcement óf the note, but erred in reestablishing the note under section 673.3091 . . . Section 673.3091, which has more difficult enforcement standards, does not itself set forth reestablishment . . . The question of whether section 673.3091 displaces- section 71.011 as to the standards for reestablishing . . . (Fla. 4th DCA 1999) (stating that “Establishing a lost negotiable instrument is governed by section 673.3091 . . . reestablished under the plain language of section 71.011, ■ but that its enforcement is governed by section 673.3091 . . .
. . . Section 673.3091, Florida Statutes (2012), sets out the requirements for reestablishing á lost note. . . . possession of an unknown person or a person that cannot be found or is not amenable to service of process. § 673.3091 . . .
. . . person not in possession' of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to section] 673.3091 . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to sfeetion] 673.3091 . . . not in possession of the instrument who is entitled to enforce the instrument pursuant to sfeetion] 673.3091 . . . JPMorgan would have to prove: (1) it was the owner, and (2) reestablishment of the lost note under section 673.3091 . . .
. . . rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 . . .
. . . complaint, HSBC moved to amend to include a count for reestablishment of the note pursuant to section 673.3091 . . . “A finding that a lost note is reestablished under 673.3091, Florida Statutes is reversible upon the. . . . Section 673.3091, Florida Statutes, establishes the requirements to enforce a lost note: A person not . . . possession of an unknown person or a person that cannot be found or is not amenable to service of process. § 673.3091 . . . note and provide security to the obligor in the event some other person seeks to enforce the note. § 673.3091 . . .
. . . See § 673.3091, Fla. Stat. (2004). . . .
. . . Stat. 673.3091 to enforce-the lost, destroyed or stolen Note.” . . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . It therefore had to satisfy the requirements detailed in section 673.3091 of the Florida Statutes to . . . Adequate protection may be provided by any reasonable means. § 673.3091, Fla. Stat. (2015). . . . the time the original was lost, it satisfied all of the requirements of section 673.3011 and section 673.3091 . . .
. . . person not in possession of the ■instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . .
. . . . § 673.3091, Fla. Stat. (2014) (emphasis added). . . .
. . . .” § 673.3091(2), Fla. Stat. (2015). . . . Stat. (2015)., Accordingly, because both sections 673.3091(2) and 702.11(1) are important provisions . . . It also incorporates the requirements of section 673.3091 (Enforcement of lost, destroyed, or stolen . . . It is also designed to comply with section 673.3091; Florida Statutes (2013). . . . Adequate protection as required by sections' 702.11 (2013) and 673.3091(2), Florida Statutes (2013), . . .
. . . rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 . . .
. . . . § 673.3091, Fla. Stat. (2013). . . . Proof by affidavit attached to the complaint, as required under the 2018 amendment to section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . Pursuant to section 673.3091(1), Florida Statutes (2014), a person not in possession of an instrument . . . an unknown person or a person that cannot be found or is riot amenable to service of process. , ; § 673.3091 . . . note “must prove the terms of the instrument and the [party’s] right to enforce the instrument.”; § 673.3091 . . . against loss that might occur by reason of a claim by another person to enforce the instrument.” § 673.3091 . . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . .
. . . A finding that a lost note is reestablished, under section 673.3091, Florida Statutes, is reversible . . . plaintiff Wacho-via Bank, N.A. filed its complaint to reestablish a lost promissory note, under section 673.3091 . . . Section 673.3091(2), Florida Statutes, provides that “[a] person seeking enforcement of an instrument . . . alleged that it did not possess the note and was seeking to reestablish, a lost note, under section 673.3091 . . . Wells Fargo needed to prove Wachovia was entitled to enforce the note when possession was lost. § 673.3091 . . .
. . . Boumarates argue that the Bank failed to prove its entitlement to enforce the lost note under section 673.3091 . . . Section 673.3091 sets out when a person not in possession of a negotiable instrument may enforce the . . . Adequate protection may be provided by any reasonable means. § 673.3091 (l)-(2), Fla. Stat. (2014). . . . See § 673.3091, Fla. Stat.; see also Deakter v. . . . See § 673.3091(l)(a), Fla. Stat. . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . See § 673.3091, Fla. Stat. (2009). . . .
. . . foreclose a mortgage and to reestablish and enforce the lost note and attached allonges under section 673.3091 . . . See § 673.3091(1), Fla. Stat. (2012); Beaumont v. . . .
. . . . § 673.3091(1), did not provide adequate protection against third-party claims under Fla. . . . . § 673.3091(2), and had unclean hands. We reject these arguments and affirm. I. . . . Stat. § 673.3091(1). Perry v. Fairbanks Capital Corp., 888 So.2d 725, 727 (Fla. 5th DCA 2004). . . . Stat. § 673.3091(1). . . . Stat. § 673.3091(2). . . .
. . . In Count I, Aurora alleged that it sought to “reestablish a promissory note under Section 673.3091, Florida . . . Aurora’s lost note allegations in the original complaint, pursuant to section 673.3091, Florida Statutes . . .
. . . rights of a holder, or a person not in possession of the note who is entitled to enforce under section 673.3091 . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 . . .
. . . not in possession of the instrument who is entitled to enforce the instrument pursuant to s[ection] 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . that the claimant is entitled to enforce a lost, destroyed, or stolen instrument pursuant to section 673.3091 . . . Adequate protection as required under section 673.3091(2), Florida Statutes, shall be provided before . . . 673.3011, Florida Statutes, which defines a person entitled to enforce an instrument under section 673.3091 . . . It is also designed to comply with section 673.3091, Florida Statutes (2013). . . . Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013), must . . .
. . . Section 673.3091, Florida Statutes (2013), governs the enforcement of lost notes: 673.3091. . . . mortgage foreclosure, the following constitute reasonable means of providing adequate protection under s. 673.3091 . . .
. . . Count two sought to reestablish a lost or destroyed promissory note under section 673.3091, Florida Statutes . . .
. . . In Correa, the bank failed to present evidence of the terms of a lost note under section 673.3091(2), . . . Florida Statutes (2007), or its right to enforce the lost note under section 673.3091(l)(b). . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . For the requirements to reestablish a lost note we look to section 673.3091, Florida Statutes (2007). . . . Section 673.3091(1) provides as follows: (1) A person not in possession of an instrument is entitled . . . Section 673.3091(2) requires a person seeking enforcement of a lost, destroyed, or stolen instrument . . . Bank failed to prove the terms of the note under section 673.3091(2) or its right to enforce the note . . . under section 673.3091 (l)(b). . . .
. . . tender the original promissory note to the trial court or seek to reestablish the note under section 673.3091 . . .
. . . for foreclosure and a second count to re-establish a lost instrument (the note) pursuant to section 673.3091 . . .
. . . tender the original promissory note to the trial court or seek to reestablish the note under section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to § 673.3091 . . .
. . . occur by reason of a claim by another person to enforce the[se] instrument[s]” as required by section 673.3091 . . . See § 673.3091(2), Fla. Stat. (2010). . . . Section 673.3091 of the Florida Statutes governing reestablishment of lost instruments provides: Enforcement . . .
. . . See § 673.3091, Fla. Stat. (2010). . . . . § 673.3091(1), Fla. Stat. . . . Beaumont against loss that might occur by reason of a claim by another person to enforce the instrument. § 673.3091 . . . instrument who is entitled to reestablish a lost, destroyed or stolen instrument pursuant to section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . In the count to reestablish the note pursuant to section 673.3091, Florida Statutes (2009), U.S. . . . instrument from a person who was entitled to enforce the instrument when loss of possession occurred.” § 673.3091 . . .
. . . of the foreclosure complaint in this case, the promissory note was lost or by what entity- Section 673.3091 . . .
. . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 673.3091 . . .
. . . promissory note to the trial court or seek to reestablish the lost note under Florida Statute Section 673.3091 . . .
. . . the original promissory note to the trial court or seek to reestablish the lost note under section 673.3091 . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . .
. . . that the promissory note, which was lost, cannot be re-established under the 2004 version of section 673.3091 . . . In this action, MERS relied on section 673.3091, Florida Statutes. . . . The 2003 version of section 673.3091, which we apply here, required a person seeking to enforce a lost . . . The 2003 version of section 673.3091 provides, in pertinent part: (1) A person not in possession of an . . . We need not resolve, here, whether the 2004 amendment to section 673.3091 was substantive, as argued . . .
. . . . § 673.3091. . . . Furthermore, neither Dasma or Ribonnet has made any attempt to reestablish the note pursuant to § 673.3091 . . .
. . . for a party to enforce a lost, destroyed or stolen instrument, it must comply with Florida Statute 673.3091 . . .
. . . Section 673.3091(l)(c) specifies the requirements for a holder to enforce an instrument when the original . . . [e.s.] § 673.3091(1)(c), Fla. Stat. (2004). . . . See § 673.3091(2), Fla. Stat. . . .
. . . and either the original must be produced, or the lost document must be reestablished under section 673.3091 . . . See section 673.3091(2), Fla. Stat. (2002). . . .
. . . See § 673.3091, Fla. Stat. (2003). . . .
. . . predecessor in interest possessed the note and did not otherwise satisfy the requirements of section 673.3091 . . . was in possession of the instrument and entitled to enforce it when-loss of possession occurred.” § 673.3091 . . . Section 673.3091 provides, in part: (1) A person not in possession of an instrument is entitled to enforce . . . Likewise, here, where State Street failed to comply with section 673.3091, the trial court correctly . . . Because EMC could not enforce the lost note under section 673.3091, it had no power of enforcement which . . .
. . . “the plaintiff could not demonstrate his entitlement to enforce a lost note under Florida Statute § 673.3091 . . . See § 673.3091(1), Fla. Stat. (1993). . . . Section 673.3091(1)(e) provides that the instrument must be lost, destroyed or stolen; in short, the . . . See § 673.3091(1), Fla. Stat. (1993). . . . See § 673.3091(1)(b), Fla. Stat. (1993). . . .
. . . property where appellee did not produce the original note and mortgage and did not comply with section 673.3091 . . . On appeal, appellant claims that appellee could not comply with section 673.3091, controlling the reestablishment . . .
. . . person not in possession of the instrument who is entitled to enforce the instrument pursuant to s. 673.3091 . . . Neither of the circumstances listed in 673.3091 and 673.4181(4) is present here. . . .
. . . .” § 673.3091, Fla. Stat. (1999). . . .
. . . Establishing a lost negotiable instrument is governed by a different statute, section 673.3091, Florida . . . requirements than the former, and the trial court correctly concluded that the husband did not satisfy section 673.3091 . . .