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The 2025 Florida Statutes
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F.S. 689.07689.07 “Trustee” or “as trustee” added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used.—(1) Every deed or conveyance of real estate heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the grantee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall grant and is hereby declared to have granted a fee simple estate with full power and authority in and to the grantee in such deed to sell, convey, and grant and encumber both the legal and beneficial interest in the real estate conveyed, unless a contrary intention shall appear in the deed or conveyance; provided, that there shall not appear of record among the public records of the county in which the real property is situate at the time of recording of such deed or conveyance, a declaration of trust by the grantee so described declaring the purposes of such trust, if any, declaring that the real estate is held other than for the benefit of the grantee. (2) Every instrument heretofore or hereafter made or executed transferring or assigning an interest in real property in which the words “trustee” or “as trustee” are added to the name of the transferee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall transfer and assign, and is hereby declared to have transferred and assigned, the interest of the transferor or assign or to the transferee or assignee with full power and authority to transfer, assign, and encumber such interest, unless a contrary intention shall appear in the instrument; provided that there shall not appear of record among the public records of the county in which the real property is situate at the time of the recording of such instrument, a declaration of trust by the assignee or transferee so described declaring the purposes of such trust, if any, or declaring that the interest in real property is held other than for the benefit of the transferee or assignee. (3) Every mortgage of any interest in real estate or assignment thereof heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the mortgagee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall vest and is hereby declared to have vested full rights of ownership to such mortgage or assignment and the lien created thereby with full power in such mortgagee or assignee to assign, hypothecate, release, satisfy, or foreclose such mortgage unless a contrary intention shall appear in the mortgage or assignment; provided that there shall not appear of record among the public records of the county in which the property constituting security is situate at the time of recording of such mortgage or assignment, a declaration of trust by such mortgagee or assignee declaring the purposes of such trust, if any, or declaring that such mortgage is held other than for the benefit of the mortgagee or assignee. (4) Nothing herein contained shall prevent any person from causing any declaration of trust to be recorded before or after the recordation of the instrument evidencing title or ownership of property in a trustee; nor shall this section be construed as preventing any beneficiary under an unrecorded declaration of trust from enforcing the terms thereof against the trustee; provided, however, that any grantee, transferee, assignee, or mortgagee, or person obtaining a release or satisfaction of mortgage from such trustee for value prior to the placing of record of such declaration of trust among the public records of the county in which such real property is situate, shall take such interest or hold such previously mortgaged property free and clear of the claims of the beneficiaries of such declaration of trust and of anyone claiming by, through or under such beneficiaries, and such person need not see to the application of funds furnished to obtain such transfer of interest in property or assignment or release or satisfaction of mortgage thereon. (5) In all cases in which tangible personal property is or has been sold, transferred, or mortgaged in a transaction in conjunction with and subordinate to the transfer or mortgage of real property, and the personal property so transferred or mortgaged is physically located on and used in conjunction with such real property, the prior provisions of this section are applicable to the transfer or mortgage of such personal property, and, where the prior provisions of this section in fact apply to a transfer or mortgage of personal property, then any transferee or mortgagee of such tangible personal property shall take such personal property free and clear of the claims of the beneficiaries under such declaration of trust (if any), and of the claims of anyone claiming by, through, or under such beneficiaries, and the release or satisfaction of a mortgage on such personal property by such trustee shall release or satisfy such personal property from the claims of the beneficiaries under such declaration of trust, if any, and from the claims of anyone claiming by, through, or under such beneficiaries. History.—s. 1, ch. 6925, 1915; s. 10, ch. 7838, 1919; RGS 3793; CGL 5666; s. 1, ch. 59-251; s. 1, ch. 2004-19.
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Annotations, Discussions, Cases:
Cases Citing Statute 689.07
Total Results: 31
174 So. 2d 443
District Court of Appeal of Florida | Filed: Apr 15, 1965 | Docket: 356083
Cited 29 times | Published
to take it out of the operation of Fla. Stat. § 689.07, F.S.A. In essence this statute provides that
4 B.R. 201, 2 Collier Bankr. Cas. 2d 4, 1980 Bankr. LEXIS 5183, 6 Bankr. Ct. Dec. (CRR) 358
United States Bankruptcy Court, S.D. Florida. | Filed: May 6, 1980 | Docket: 1092913
Cited 23 times | Published
71-LT-100 is a land trust organized pursuant to Florida Statute 689.07. The trust agreement was executed in 1974
864 So. 2d 429, 2003 WL 22336421
District Court of Appeal of Florida | Filed: Oct 15, 2003 | Docket: 1727568
Cited 13 times | Published
virtue of Section 689.07, Florida Statutes (1995), also fails.[*] The *432 purpose of Section 689.07 is "to
413 So. 2d 857
District Court of Appeal of Florida | Filed: May 12, 1982 | Docket: 1344671
Cited 13 times | Published
identified, the grantee received fee simple title. § 689.07(1), Fla. Stat. (1979). If a complaint is not based
757 F. Supp. 1331, 1989 WL 237755
District Court, M.D. Florida | Filed: Nov 9, 1989 | Docket: 1237968
Cited 12 times | Published
2d 857, 858 (Fla. Dist.Ct.App.1982); Fla.Stat. § 689.07(1) (1987). Thus, when Mr. Luxenberg and Josephine
884 So. 2d 1039, 2004 Fla. App. LEXIS 15128, 2004 WL 2308891
District Court of Appeal of Florida | Filed: Oct 15, 2004 | Docket: 2527778
Cited 10 times | Published
the trial court applied section 689.07, Florida Statutes (1959).[5] Section 689.07 provides:
(1) Every deed
229 So. 2d 621
District Court of Appeal of Florida | Filed: Dec 17, 1969 | Docket: 430159
Cited 10 times | Published
of which opinion is the following:
"Fla. Stat. § 689.07, F.S.A. was supplemented in 1963 by passage of
216 So. 2d 443
Supreme Court of Florida | Filed: Dec 3, 1968 | Docket: 193488
Cited 10 times | Published
like that with which we are here concerned. Section 689.07, Fla. Stat., F.S.A., applies only to deeds
511 So. 2d 622, 12 Fla. L. Weekly 1734, 1987 Fla. App. LEXIS 9276
District Court of Appeal of Florida | Filed: Jul 16, 1987 | Docket: 1338571
Cited 7 times | Published
of trust and no trust document was recorded.
Section 689.07, Florida Statutes (1977) provides that where
470 F.3d 1319, 2006 U.S. App. LEXIS 29217, 2006 WL 3409104
Court of Appeals for the Eleventh Circuit | Filed: Nov 28, 2006 | Docket: 398825
Cited 6 times | Published
involves the interpretation of Florida Statutes section 689.07(1), application of that statute in federal
393 So. 2d 63
District Court of Appeal of Florida | Filed: Feb 3, 1981 | Docket: 1372191
Cited 5 times | Published
Oscar J. Mannen, as trustee, were, contrary to Section 689.07, Florida Statutes (1979)[1] not owned by Mr
374 So. 2d 71
District Court of Appeal of Florida | Filed: Jul 31, 1979 | Docket: 430736
Cited 5 times | Published
evidence of any type of trust and the provisions of § 689.07, Florida Statutes (1977). The defendants/appellants
134 So. 2d 509
District Court of Appeal of Florida | Filed: Nov 16, 1961 | Docket: 1343429
Cited 4 times | Published
Paul R. Stern, Trustee." His brief aptly cites Section 689.07(3), Florida Statutes 1959, F.S.A., in support
133 So. 2d 770
District Court of Appeal of Florida | Filed: Oct 30, 1961 | Docket: 1754451
Cited 4 times | Published
property in trust, and not in fee simple under § 689.07, Fla. Stat., F.S.A. There were statements in the
662 So. 2d 760, 1995 WL 675535
District Court of Appeal of Florida | Filed: Nov 15, 1995 | Docket: 1683565
Cited 3 times | Published
Edelman owned a fee simple estate pursuant to section 689.07(1), Florida Statutes (1993).
Following cross-motions
483 So. 2d 526, 11 Fla. L. Weekly 483
District Court of Appeal of Florida | Filed: Feb 20, 1986 | Docket: 1511900
Cited 3 times | Published
had described him as trustee, by virtue of section 689.07, Florida Statutes, the result would be the
974 So. 2d 328, 2008 WL 90037
Supreme Court of Florida | Filed: Jan 10, 2008 | Docket: 2515803
Cited 2 times | Published
question is:
Whether, under Florida. Statutes section 689.07(1) as it existed before its 2004 amendment
209 B.R. 751, 11 Fla. L. Weekly Fed. B 4, 1997 Bankr. LEXIS 763
United States Bankruptcy Court, S.D. Florida. | Filed: Apr 23, 1997 | Docket: 1431765
Cited 2 times | Published
Trustee's claim is predicated upon Fla. Stat. § 689.07(i), which provides:
Every deed or conveyance of
190 So. 3d 666, 2016 Fla. App. LEXIS 6355
District Court of Appeal of Florida | Filed: Apr 27, 2016 | Docket: 3058479
Cited 1 times | Published
a legally. sufficient cause of action under section 689.07(1), Florida Statutes (2011), we reverse and
883 F. Supp. 2d 1156, 2011 WL 8586144, 110 A.F.T.R.2d (RIA) 5088, 2011 U.S. Dist. LEXIS 155853
District Court, M.D. Florida | Filed: Dec 13, 2011 | Docket: 65984031
Cited 1 times | Published
relying on Florida Statute section 689.071, or section 689.07(1).
Florida Statute section 689.071, which
784 So. 2d 538, 2001 WL 485836
District Court of Appeal of Florida | Filed: May 9, 2001 | Docket: 1744166
Cited 1 times | Published
35 (Fla. 4th DCA 1991), it still fails under section 689.07, Florida Statutes (1999). That section provides
553 So. 2d 748, 1989 WL 150091
District Court of Appeal of Florida | Filed: Dec 14, 1989 | Docket: 1258515
Cited 1 times | Published
has no bearing here because of the effect of section 689.07(1), Florida Statutes. See Arundel Debenture
182 So. 3d 714, 2015 Fla. App. LEXIS 18909, 2015 WL 9258277
District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 60252810
Published
court concluding,. under, the authority of section 689.07(1), Florida Statutes (2004), that two of the
418 B.R. 406, 22 Fla. L. Weekly Fed. B 56, 2009 Bankr. LEXIS 3204, 2009 WL 3365979
United States Bankruptcy Court, N.D. Florida | Filed: Aug 19, 2009 | Docket: 1506016
Published
registered and were deemed to be deficient, Fla. Stat. § 689.07 (2006) specifically provides that the conveyance
697 So. 2d 1018, 1997 Fla. App. LEXIS 9210, 1997 WL 471987
District Court of Appeal of Florida | Filed: Aug 13, 1997 | Docket: 64775344
Published
land'—as evidenced by the quit-claim deed.
Section 689.07, Florida Statutes (1995) provides:
“Trustee”
598 So. 2d 129, 1992 Fla. App. LEXIS 4308, 1992 WL 76591
District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 64667091
Published
that fee simple title was in the husband. See § 689.07, Fla.Stat. (1989) (“Every deed ... in which the
567 So. 2d 8, 1990 Fla. App. LEXIS 5877, 1990 WL 111931
District Court of Appeal of Florida | Filed: Aug 8, 1990 | Docket: 64653145
Published
trustee. The trial court held that pursuant to section 689.07, Florida Statutes (1987), the appellant was
55 B.R. 937, 1985 Bankr. LEXIS 4739
United States Bankruptcy Court, M.D. Florida | Filed: Dec 19, 1985 | Docket: 65779057
Published
the Florida Statute which provides as follows:
§ 689.07(1) Fla.Stat.
Every deed or conveyance of real
197 So. 2d 602, 1967 Fla. App. LEXIS 5137
District Court of Appeal of Florida | Filed: Apr 4, 1967 | Docket: 64500525
Published
had no attorney represent him in this matter.
Section 689.07, Florida Statutes, F.S.A., provides, in essence
122 So. 2d 799
District Court of Appeal of Florida | Filed: Aug 26, 1960 | Docket: 60195572
Published
the rent was not being paid.
5. That under section 689.07, Florida Statutes, F.S.A., since Whiteside
122 So. 2d 799
District Court of Appeal of Florida | Filed: Aug 26, 1960 | Docket: 60195572
Published
the rent was not being paid.
5. That under section 689.07, Florida Statutes, F.S.A., since Whiteside
