Florida Statute 689.07 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.07

689.07 “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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Amendments to 689.07

Arrestable Offenses / Crimes under Fla. Stat. 689.07

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.07.

Annotations, Discussions, Cases:

Cases Citing Statute 689.07

Total Results: 20

Giller and Grossman v. Giller

Court: District Court of Appeal of Florida | Date Filed: 2016-04-27

Citation: 190 So. 3d 666, 2016 Fla. App. LEXIS 6355

Snippet: legally. sufficient cause of action under section 689.07(1), Florida Statutes (2011), we reverse and remand

Heiskell v. Morris

Court: District Court of Appeal of Florida | Date Filed: 2015-12-18

Citation: 182 So. 3d 714, 2015 Fla. App. LEXIS 18909, 2015 WL 9258277

Snippet: court concluding,. under, the authority of section 689.07(1), Florida Statutes (2004), that two of the siblings

Raborn v. Menotte

Court: Supreme Court of Florida | Date Filed: 2008-01-10

Citation: 974 So. 2d 328, 2008 WL 90037

Snippet: question is: Whether, under Florida. Statutes section 689.07(1) as it existed before its 2004 amendment, this

BIRTH-RELATED INJ. COMP. v. Div. of Admin.

Court: Supreme Court of Florida | Date Filed: 2007-01-11

Citation: 948 So. 2d 705

Snippet: continue with its appeal. See Ferguson, 869 So.2d at 689. [7] The Association has stipulated that the Fergusons'

One Harbor Financial Ltd. v. Hynes Prop.

Court: District Court of Appeal of Florida | Date Filed: 2004-10-15

Citation: 884 So. 2d 1039, 2004 Fla. App. LEXIS 15128

Snippet: trial court applied section 689.07, Florida Statutes (1959).[5] Section 689.07 provides: (1) Every deed

Callava v. Feinberg

Court: District Court of Appeal of Florida | Date Filed: 2003-10-15

Citation: 864 So. 2d 429, 2003 WL 22336421

Snippet: of Section 689.07, Florida Statutes (1995), also fails.[*] The *432 purpose of Section 689.07 is "to prevent

Buttner v. Talbot

Court: District Court of Appeal of Florida | Date Filed: 2001-05-09

Citation: 784 So. 2d 538, 2001 WL 485836

Snippet: (Fla. 4th DCA 1991), it still fails under section 689.07, Florida Statutes (1999). That section provides

Zosman v. Brad Schiffer/Taxis, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1997-08-13

Citation: 697 So. 2d 1018, 1997 Fla. App. LEXIS 9210, 1997 WL 471987

Snippet: land'—as evidenced by the quit-claim deed. Section 689.07, Florida Statutes (1995) provides: “Trustee” or

Beckham v. Rinker Materials Corp.

Court: District Court of Appeal of Florida | Date Filed: 1995-11-15

Citation: 662 So. 2d 760, 1995 WL 675535

Snippet: Edelman owned a fee simple estate pursuant to section 689.07(1), Florida Statutes (1993). Following cross-motions

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-09-30

Snippet: See, s. 112.52, Fla. Stat. 6 Supra, at note 4, p. 689. 7 The act was amended in 1969 by Ch. 69-834, Laws

Genunzio v. Genunzio

Court: District Court of Appeal of Florida | Date Filed: 1992-04-17

Citation: 598 So. 2d 129, 1992 Fla. App. LEXIS 4308, 1992 WL 76591

Snippet: that fee simple title was in the husband. See § 689.07, Fla.Stat. (1989) (“Every deed ... in which the

Adams v. Adams

Court: District Court of Appeal of Florida | Date Filed: 1990-08-08

Citation: 567 So. 2d 8, 1990 Fla. App. LEXIS 5877, 1990 WL 111931

Snippet: The trial court held that pursuant to section 689.07, Florida Statutes (1987), the appellant was the

FJ Holmes Equip., Inc. v. BABCOCK BLDG. SUP., INC.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-14

Citation: 553 So. 2d 748

Snippet: no bearing here because of the effect of section 689.07(1), Florida Statutes. See Arundel Debenture Corp

Meadows v. Citicorp Leasing, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-07-16

Citation: 511 So. 2d 622, 12 Fla. L. Weekly 1734, 1987 Fla. App. LEXIS 9276

Snippet: trust and no trust document was recorded. Section 689.07, Florida Statutes (1977) provides that where a

Terry v. Zaffran

Court: District Court of Appeal of Florida | Date Filed: 1986-02-20

Citation: 483 So. 2d 526, 11 Fla. L. Weekly 483

Snippet: described him as trustee, by virtue of section 689.07, Florida Statutes, the result would be the same

Glusman v. Warren

Court: District Court of Appeal of Florida | Date Filed: 1982-05-12

Citation: 413 So. 2d 857

Snippet: identified, the grantee received fee simple title. § 689.07(1), Fla. Stat. (1979). If a complaint is not based

Kirsh v. Mannen

Court: District Court of Appeal of Florida | Date Filed: 1981-02-03

Citation: 393 So. 2d 63

Snippet: Mannen, as trustee, were, contrary to Section 689.07, Florida Statutes (1979)[1] not owned by Mr. Mannen

Turturro v. Schmier

Court: District Court of Appeal of Florida | Date Filed: 1979-07-31

Citation: 374 So. 2d 71

Snippet: evidence of any type of trust and the provisions of § 689.07, Florida Statutes (1977). The defendants/appellants

Ferraro v. Parker

Court: District Court of Appeal of Florida | Date Filed: 1969-12-17

Citation: 229 So. 2d 621

Snippet: of which opinion is the following: "Fla. Stat. § 689.07, F.S.A. was supplemented in 1963 by passage of

Home Federal Sav. & L. Ass'n of Hollywood v. Emile

Court: Supreme Court of Florida | Date Filed: 1968-12-03

Citation: 216 So. 2d 443

Snippet: that with which we are here concerned. Section 689.07, Fla. Stat., F.S.A., applies only to deeds, mortgages