Florida/Georgia Personal Injury & Workers Compensation

...land which they thought they owned, and the record shows that neither plaintiff nor its predecessors had ever paid any taxes on this vacant lot. The statute underlying the chancellor’s final decree of February 2, 1942, in plaintiff’s favor, now Section 695.01 Fla....

...against Industrial for accepting monthly payments under its mortgage, all appear to have a bearing. The "constructive notice" doctrine has been fully adopted in Florida, especially as it most commonly is applied under our recording statute. See F.S. § 695.01 F.S.A.; Sapp v....

...for the public indexing of federal tax liens. [3] Florida law governs the instant dispute and provides that a deed is not valid against a bona fide purchaser unless it has been recorded and indexed. Fla.Stat.Ann. Section 28.222(2)-(3); Fla.Stat.Ann. Section 695.01....

...the contrary." Littleton, L.2, c. 10, § 170. [7] See 2 G. Thompson, Commentaries on The Modern Law of Real Property §§ 335 (text accompanying note 34), 337 (1980 replacement by J. Grimes). [8] See e.g., § 689.01, Fla. Stat. (1981). [9] See e.g., § 695.01, Fla....

...has been levied on the land but no execution sale of the land has occurred. Owners of land claiming through unrecorded deeds are estopped to assert their title against purchasers or mortgagees for a valuable consideration without notice by reason of section 695.01 F.S.A., which provides: "Conveyances to be recorded....

...It is clear that, for purposes of determining the time of an alleged fraudulent or preferential transfer, state law governs the time of perfection of such a transfer. In re Emerald Oil Co., 807 F.2d 1234 (5th Cir.1987). Under Florida law, by virtue of the recording act, Florida Statutes § 695.01, an unrecorded deed is not valid and effective as against a subsequent bona fide purchaser until and unless the deed is recorded....

...iple that appellant has the burden to demonstrate error, Trushin v. City of Miami Beach, 328 So.2d 27 (Fla.3d DCA 1976). One of appellant's contentions is that the written lease was not recorded and therefore was not binding on appellant, relying on Section 695.01 Florida Statutes (1979)....

...int of time. An interest created first has superiority over an interest created later from the same source, provided that notice of the first created rights are available to those later acquiring rights in the same land. Under our recording statute, section 695.01, Florida Statutes (1979), this notice may come from parties in possession of the property, from actual notice or from constructive notice of matters recorded in the public records....

...App. 1960), 118 So.2d 850; Shell Creek Land Co. v. Watson et al., 101 Fla. 172, 133 So. 621. [4] Crosby v. International Investment Co., Inc. (Fla.App. 1958), 101 So.2d 15. [5] Sumner, as administratrix, etc. v. Rhodes et al. (1828), 14, 134. [6] F.S. Section 695.01, F.S.A....

...Donald G. Miller and Paul J. Stichler, No. Miami Beach, for appellee. THORNAL, Justice. Appellants, Chatlos, seek reversal of a final decree quieting title to a parcel of land in favor of the appellee, McPherson. The determining point is the effect of Section 695.01, Florida Statutes, F.S.A....

...We cannot indulge in such an extensive assumption as to the significance of so-called "common knowledge." Certainly, it does not necessarily follow that the partial release of a mortgage is necessarily preliminary to an immediate or impending sale of the property released. The pertinent portion of Section 695.01, Florida Statutes, F.S.A....

...The plaintiffs sued to impose a constructive trust upon the sixty-per cent interest that was the subject of the deed. The trial court did so, rejecting the defendants' claim that they were subsequent purchasers for value and without notice and therefore entitled to priority under Section 695.01, Florida Statutes (1979)....

...ther interests or that he owned anything more than a fifteen-per cent beneficial interest in the trust. Therefore, they were on implied actual notice that there were other beneficial interests outstanding. Since the defendants purchased with notice, Section 695.01 will not afford them priority over the plaintiffs' unrecorded ownership of forty-five per cent of the trust property....

...Rogers, 87 Fla. 147, 99 So. 546 (1924); Certain Lands In Said District v. Ideal Farms Drainage District, 156 Fla. 774, 24 So.2d 585 (1945); Tri-County Produce Distributors, Inc. v. Northeast Production Credit Association, Fla.App. 1963, 160 So.2d 46 and F.S. § 695.01, F.S.A....

...That is what happened here. And while I do not believe that a party so conducting itself in the trial court should be able on appeal to avoid such a purposeful waiver of formal trial, in this case appellant is commendably consistent with its trial court position. [6] § 695.01 Fla....

...Marvin E. Rooks of Robison, Rooks & Owen, Casselberry, for appellee Combank/Seminole County. COWART, Judge. This case involves a contest between two land titles and the effect of a curative act (§ 95.231(2), Fla. Stat. (1981)), the recording statute (§ 695.01, Fla....

...perior to appellants' claim because in that event appellees' claim would be superior and appellants and their predecessors in title would have had constructive notice of it. However, these are not the facts in this case. Florida's recording statute, section 695.01(1), Florida Statutes (1981), basically provides that, as between two successive purchasers, the first has priority if the second had notice of the first at the time the subsequent interest was acquired....

...Schurkman, 291 So.2d 622 (Fla. 3d DCA 1974); Atod, Inc. v. Coleman, 214 So.2d 769 (Fla. 3d DCA 1968). [21] See, e.g., Cahill v. Chesley, 189 So.2d 818, 822 (Fla. 2d DCA 1966) (attempted fee simple absolute transfer from one who only owns a life estate cannot be made good by section 695.01)....

...y be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. § 695.01(1), Fla. Stat. (2006). Section 695.01(1) provides that a recorded lease "shall be good and effectual" against "subsequent purchasers for a valuable consideration." If narrowly construed, a lessee in a shopping center would not qualify as a "subsequent purchaser." However, the supreme court has tacitly recognized a broader interpretation of section 695.01(1), one which means that Dolgencorp had constructive notice of the grocery exclusive sufficient to enforce the covenant against it....

...Dunn, 444 So.2d 935 (Fla.1984), involved competing mineral rights leases for the same property. One lease was entered into in 1971, but not recorded until May 11, 1972. Id. at 936. The second lease was signed on January 17, 1972 and promptly filed with the clerk. Id. The supreme court applied section 695.01(1) to conclude that the failure to comply with the power of attorney provisions of the statute rendered one lease ineffectual against the other. Id. at 938. Implicit in this ruling is that recording of a lease could constitute constructive notice against a subsequent lessee. Relying on Stack v. Dunn , we hold that a lessee of real property is a "purchaser" within the meaning of section 695.01(1)....

...ation. In the present case, the grantor, Mrs. Ross, delivered a deed for love and affection to a nonrelative who was a "con man." When the deed in the present case was recorded, a third party, the Perezes, relying *916 upon the Marketable Title Act, Section 695.01, Florida Statutes (1979), gave valuable consideration to the con man in exchange for the deed....

...949. The appellants maintain that inasmuch as the Resolution of the Board of County Commissioners by which the Board acquired the right-of-way was a transfer of an interest in real estate and consequently subject to the recording statute of Florida, section 695.01, Florida Statutes 1951, F.S.A., it should have been filed with the Clerk of the Circuit Court of Dade County, "in order to be good as against bona fide purchasers for value without notice"; that the appellants cannot be charged with no...

...§ 363 or Fed. R. Bankr.P. 6004(a) or 2002(a)). South Motor argues that CPH was not entitled to notice of the sale under Florida law because the Billboard Lease was for a term longer than one year and was not recorded. South Motor cites to Florida Statute § 695.01(1), which provides: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...l, not implied actual or constructive, notice of the Billboard Lease. So the issue is whether, under Florida law, South Motor is insulated by the title commitment it received and would "under applicable law" be a bona fide purchaser under Fla. Stat. § 695.01, which status, in turn, would confer on the Trustee the ability to sell the Real Property free and clear of the Billboard Lease by virtue of section 363(f)(1)....

...the same problem for rights otherwise flowing through the Trustee. Under applicable law, the Trustee and South Motor are each deemed to have constructive notice of the Billboard Lease, defeating their status as a bona fide purchaser under Fla. Stat. § 695.01....

...orth in Chapter 712 of the Florida Statutes regarding marketable title, the provisions of which chapter no one has suggested could be applicable to the issues before me. [22] The fact that South Motor cannot be a bona fide purchaser under Fla. Stat. § 695.01 doesn't mean South Motor is not a good faith purchaser under 11 U.S.C....

...th its order requiring that Cohn void the stock he issued himself. On remand, the trial court may address any issues on which it reserved jurisdiction. Affirmed In Part, Reversed In Part, And Remanded. SHAHOOD, C.J., and KLEIN, J., concur. NOTES [1] Section 695.01(1), Florida Statutes states: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent...

...rity for the entire $20,000 attorney's fees amount. Consequently, with respect to this defendant, we reverse and remand with instructions that the trial court correct its ruling to conform to this decision. DOWNEY and BARKETT, JJ., concur. NOTES [1] § 695.01, Fla....

...veying property and granting to appellant "the right to set out and maintain poles and anchors for an electric transmission and distribution line, and the necessary appurtenances for such lines". The trial court concluded, apparently on the basis of Section 695.01(1), F.S., that appellant's failure to record the easement deprived appellee, who purchased *567 the property in 1959, of either actual or constructive notice of the easement, and therefore the easement was ineffectual as against appellee....

...The first factual conflict stems from the question concerning how much Dunn knew about the probate lease either at the time he negotiated his lease with Mrs. Davis or prior to that time. To be accorded the status of a bona fide purchaser for value, one must be without notice as to a transaction which is prior in time. § 695.01, Fla....

...then becomes a relevant concern. The general rule is that to be accorded the status of a bona fide purchaser for value, one must have purchased for a valuable consideration. See, e.g., Berge v. Fredericks, 95 Nev. 183, 591 P.2d 246 (1979); see also § 695.01, Fla....

...Therefore, this Court finds that First Union is entitled to an equitable lien on the Real Property. B. FIRST UNION'S RECORDATION OF THE NOTICE GAVE CONSTRUCTIVE NOTICE TO PROSPECTIVE PURCHASERS AND ENCUMBRANCES OF FIRST UNION'S CLAIM AGAINST THE REAL PROPERTY According to Fla.Stat. § 695.01, "no conveyance, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; ....

...." It is undisputed that First Union failed to record the Mortgage. However, First Union did record the Notice. A notice of lis pendens gives notice to the world of the pendency of litigation affecting the property described therein. Similar to the recording requirement of Fla.Stat. § 695.01, the purpose of a lis pendens is to notify prospective purchasers and creditors that any interest acquired by them in the property is subject to the decree of a court....

...Salina Coffee House, Inc., 831 F.2d 1531, 1533 (10th Cir. 1987). Since First Union duly recorded its Notice on December 1, 1994, First Union's equitable lien became good and effectual both in law and in equity against subsequent creditors pursuant to Fla.Stat. § 695.01....

...ans have a perfected security interest in the Debtors' leasehold estate as well as in the rents derived from the subleases; (2) Barnett Bank does not have a perfected security interest in the Davie Property because it failed to comply with Fla.Stat. § 695.01 in attempting to perfect its interest; (3) the Goldmans' perfected security interest is superior in priority to the interest of either Barnett Bank or the Trustee; and (4) since Barnett Bank's security interest is unperfected, it is voidable by the Trustee under 11 U.S.C....

...s what was the proper method to perfect a security interest in a leasehold estate and rents thereunder in 1986. The Goldmans contend that perfection is achieved by recordation in the local county offices under Florida recording statutes, Fla.Stat. §§ 695.01 and 701.02....

...ursuant to Bankruptcy Code Sections 11 U.S.C. 105, 544(a)(1), and 544(a)(2), and that any lien White may have is inferior to the Trustee's lien as an avoidable unrecorded interest in real property under 11 U.S.C. § 544(a)(3) [2] and Florida Statute § 695.01....

...The Trustee asserted in her counterclaim seeking a declaratory judgment that the Trustee's interest in the Debtor's home takes priority over any lien or priority position asserted by White pursuant to Bankruptcy Code Sections 544(a), 549, 551, and Florida Statute 695.01....

...However, the Trustee argues that any constructive trust or equitable lien granted to White is inferior to the Trustee's position because the interest is an avoidable unrecorded interest in real property pursuant to § 544(a)(3) and Florida Statute § 695.01....

...overpower the rights and interests of a constructive trust beneficiary, unless the interest was properly recorded before the bankruptcy case was filed. This result is consistent with Florida law governing conveyances of real estate. Florida Statute 695.01 provides, in relevant part: 695.01....

...in, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law. . . . Fla. Stat. 695.01....

...According to the statute and declarations, the property is subject to the declarations until terminated in accordance therewith and with section 718.117, Florida Statutes (1979). Finally, our interpretation is consistent with the fact that Florida has a notice type recording statute. § 695.01, Fla....

...dered is not deducible of record with reasonable certainty." See also R.E.L. McCaskill Company v. Dekle, 88 Fla. 285, 102 So. 252, where parol proof was used to perfect a chain of title which depended upon adverse ownership. The recordation statute, § 695.01 Fla....

...Gonzalez on behalf of Charter. According to Mr. Gonzalez, he executed a promissory note which had an interest cap of 21%; the note attached to the mortgage shows an interest cap of 21.5%. In all other respects, the form of the promissory notes are identical. Section 695.01 of the Florida Statutes requires recordation of mortgage interest in real property....

...[9] Since they failed to do so, H & F cannot avail itself of this exception. H & F further asserts that a common law way of necessity should not be subject to any recording requirement, including that of MRTA, because such an interest in land is not subject to the recording requirements of section 695.01, Florida Statutes (1995), Florida's general recording statute....

...t the operation of any statute governing the effect of the recording or the failure to record any instrument affecting land. § 712.07, Fla. Stat. (1995). We conclude that MRTA's broad recording provision is *1176 not limited to interests subject to section 695.01 and does include the easement claimed here....

...Moreover, in response to H & F's concern over the difficulty and impracticability of filing a common law way of necessity, we note that filing the notice in this case would have only affected one parcel of land. Section 19, because it has never been subdivided. [10] Section 695.01 provides: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...FEC's inquiry notice We also reject FEC's argument that Citgo's failure to record its easement renders it ineffectual against FEC. Under Florida's recording act, FEC is subject to Citgo's pre-existing, unrecorded easement unless FEC was "without notice" of it. See § 695.01(2), *386 Fla....

...[2] Florida's recording act provides: No conveyance, transfer, or mortgage of real property, or of any interest therein ... shall be good and effectual in law or equity against ... subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.... § 695.01(2), Fla....

...*828 Turning to the issue of perfection, it is conceded that the security interest, which is contained in the Agreement executed April 7, 1982, assigning the lease to Sunshine was neither recorded with the Clerk of the Circuit Court, as is required by § 695.01, Florida Statutes, nor was it recorded with the Secretary of State as is required by § 9-401 of the U.C.C., § 679.401, Florida Statutes....

...y be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. § 695.01(1), Fla....

...Schwartz and paid valuable consideration for the property, Mr. Greene's recording of his warranty deed before Mr. Rice gives Mr. Greene priority to the property. Since there is no genuine issue of material fact and Mr. Greene is entitled to judgment under section 695.01(1), the trial court did not err in granting Mr....

...the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.” The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: “No conveyance, transfer, or mortgage of real property, or of any interest therein ......

...the common law rule of first in time, first in right.” Palm Bay, 57 So.3d at 227 . Although it has no bearing on the preemption question at issue in this case, we note that this characterization of Florida law is *928 misleading. The comment incorrectly leaves section 695.01(1) out of consideration and suggests that priority of recordation necessarily establishes priority of right....

...y rely upon the record in the absence of actual knowledge of an adverse unrecorded right, claim or interest or knowledge of some circumstance which would put him under duty to inquire. Stated conversely, under the recording statute, Florida Statutes § 695.01 F.S.A., grantees claiming *739 under unrecorded deeds are estopped to assert title as against subsequent purchasers or mortgagees for valuable consideration without notice....

...property in the public records of St. Lucie County, Florida. See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land. Section 695.01, Florida Statutes (1989), provides that "[n]o conveyance, transfer, or mortgage of real property, or any interest therein ......

...ravel the tangled issues material to this quiet title action. After the Ates lease was recorded, but prior to the execution of the power of attorney by the Barnes heirs, Dunn paid Mrs. Davis a ten dollar deposit on the lease he had earlier recorded. Section 695.01(1), Florida Statutes (1971), provides that a lease executed by virtue of a power of attorney is not effective against a subsequent purchaser for valuable consideration without notice unless the power of attorney is recorded before the subsequent purchaser acquires an interest....

...1978); In re American Mortgage and Financial Company, supra. The question thus is, what are the rights of the lien creditor under Florida law as to a mortgagee with a deficient or erroneous description in his recorded mortgage? The Florida recording statute, § 695.01, Fla.Stat., reads as follows: "No conveyance, transfer or mortgage of real property, or any interest therein ....

...1 vehicles rendered the pledge enforceable as against [levying] execution creditors without actual notice, it was not enforceable against the trustee and the appellee was not entitled to reclaim the pledged vehicles from him." It is clear that under § 695.01, Fla.Stat., an unrecorded mortgage would be void against a subsequent judgment creditor without actual knowledge or notice such as a trustee....

...§ 551 to preserve this unperfected interest for the benefit of the estate. Both Barnett and the Goldmans argue that only their security interest is properly perfected. It is undisputed that the Goldmans recorded their security interests in the Public Records of Broward County in conformity with Fla.Stat. § 695.01 et seq....

...There is nothing in this section that excludes leasehold mortgages from its coverage. See Fla.Stat. § 697.01 (defining mortgages). Documents such as those referred to in § 701.02(1) are recorded in the public records of the applicable county pursuant to Fla.Stat. § 695.01....

...("A financing statement must be filed to perfect all security interests . . ."), and § 679.402 (UCC § 9-402) (listing the formal requisites for a UCC financing statement). Since the actual document assigning a leasehold mortgage must be filed pursuant to §§ 701.02 and 695.01, and since the actual document creating a security interest under UCC Article 9 is not filed, this amendment to § 701.02(1) made clear that leasehold mortgages cannot be covered under the Florida UCC....

...erage under the Florida UCC, these conclusions follow: (1) The Goldmans have a perfected security interest in Debtors' leasehold estate as well as their interest in rents derived from their sublease of the property. (2) Barnett failed to comply with § 695.01, Fla.Stat., when it attempted to perfect its security interest....

...Fla.Stat. Section 61.075(4) (1994); Fla.R.Civ.P. 1.570(d). The conveyance from Magaly Suarez to Debtor was "good and effectual" under Florida's recording statute since the Final Order conveying the property was "recorded according to law." Fla.Stat. Section 695.01....

...We grant appellant's motion for rehearing, withdraw our earlier opinion, and issue the following. The issue in this case is whether the purchaser of a commercial building was on notice of an unrecorded termination by release of a parking easement so that the purchaser is precluded from relying on section 695.01, Florida Statutes (2001) to avoid the release....

...Flanigan's contends that the trial court erred in granting summary judgment because there was a disputed issue of fact as to whether it was on notice that the parking easement had been terminated. This argument turns on Flanigan's ability to rely on section 695.01, Florida Statutes (2001), which provides: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors o...

...rumors from strangers are not a sufficient foundation on which to charge a purchaser with notice." Hopkins v. O'Brien, 57 Fla. 444, 49 So. 936, 940 (1909). If believed by the finder of fact, oral testimony alone may support a finding of notice under section 695.01....

...[2] Flanigan's did not learn of the existence of the January 23 and February 5, 1993 letters until after it closed on the property. [3] Sapp v. Warner, 105 Fla. 245, 141 So. 124, 126 n. 1 (1932), construed section 5698, C.G.L., and section 3822, R.G.S., which, in pertinent part, are worded identically to section 695.01, Florida Statutes (2001)....

...a bona fide purchaser for value and that the filing of the suit to enforce an unrecorded and unliquidated claim, accompanied by a lis pendens describing the subject realty, did not adversely affect her title. The plaintiff-appellee insists that F.S. Section 695.01, F.S.A. controls and that appellant's failure to record the deed prior to recordation of the lis pendens renders her title inferior and subordinate to the lien established by the decree. The statute provides: "695.01 Conveyances to be recorded "No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchase...

...d all persons, firms, or corporations claiming by, through, or under them and any others since the filing of the Lis Pendenses herein. As pointed out by appellees, Florida is a "notice" state and the priority of liens on real property is governed by section 695.01, Florida Statutes, which deals with the recordation of conveyances and mortgages....

...The trial court denied Seligman's motion to dismiss and entered summary final judgment in foreclosure on April 20, 2000. Seligman's motions for stay and for rehearing were denied on May 2, 2000, resulting in the instant appeal. The trial court's decision rested in part on section 695.01, Florida Statutes (1997), which provides in pertinent part: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equi...

...Maurer filed a lis pendens at the same time he filed suit. Freligh's deed was not recorded at the time the notice of lis pendens was filed but was filed while the suit was pending. Freligh intervened in the suit. The trial court granted Maurer's lien on the property and Freligh appealed. Relying on section 695.01, the second district held that because a lis pendens is not the equivalent of a decree establishing a lien and Maurer had nothing more than a justiciable right when the suit was filed, Maurer was not a "creditor" as provided in that statute....

...378, 382 (Bankr.S.D.Fla.1995) (citing In re Emerald Oil Co., 807 F.2d 1234 (5th Cir.1987)). As the Court has previously noted, the time of perfection concerning creditors and subsequent purchasers, under Florida law, is governed by Florida Statutes § 695.01, which states: No conveyance, transfer or mortgage of real property or any interest therein ....

...The matter was tried by the court and resulted in the judgment appealed. Ultra's main argument in support of the trial court's ruling is that it was a bona fide purchaser for value without notice, and as such, it is entitled to the protection of Florida Statute Section 695.01 which states: "No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...See Collier, ¶ 70.47. Although the bankrupt has no claim of title on the date of bankruptcy, the creditor can nevertheless acquire a lien on the property by judicial proceeding on that date, if the bankrupt retains an interest on record. The Florida recording statute, § 695.01 Florida Statutes (1979) provides No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent...

...The recording statute has always been primarily intended to protect the rights of bona fide purchasers of property and creditors of property owners[ 6 ] rather than the immediate parties to the conveyance.”); Fong v. Batton, 214 So.2d 649, 652 (Fla. 3d DCA 1968) (“The recordation statute, § 695.01 Fla....

..."No conveyance, transfer, or mortgage of real property, or of any interest therein .. . shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law....” § 695.01(1), Fla....

...812, where the rule just stated was recognized and applied. Moreover, it has been uniformly held, where the question has arisen, that a purchaser at a judicial sale is within the protection of the statutes condemning unrecorded conveyances as to purchasers without notice. Section 695.01, Florida Statutes 1951 F.S.A....

...tion ($16,000), and therefore to the extent of the wife's interest, the husband held only bare legal title at the time he filed the Chapter 11 Petition. There is no doubt that an unrecorded interest in real property is unenforceable under local law, § 695.01 Fla.Stat.; and, that an unrecorded interest in real property is voidable in bankruptcy under the special voiding power accorded the trustee pursuant to § 544(a) of the Bankruptcy Code....

...ail over a financing bank. We hold that the deletion of the proposed special priority rule merely put the problem back into the general priority rule, U.C.C. § 9-312(5) (§ 679.312(5), Fla. Stat.). [14] See, e.g., the land record recording statute, section 695.01(1), Florida Statutes....

...efendant lien claimant on the question of priority. (2) Whether or not there is sufficient, competent evidence to sustain the finding of the court that the mortgage liens were each superior to the defendant's claim of lien. The pertinent portions of Section 695.01, Florida Statutes, F.S.A., are as follows: "No conveyance, transfer or mortgage of real property, or of any interest therein, * * * shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable...

...his property to Leibman's 1225 Corp. on January 28, 1992, via an unrecorded quit claim deed was valid as to his creditor Morgan under Florida's recording statute. We conclude that it was, based upon Morgan's undisputed actual knowledge of this sale. Section 695.01(1), of Florida's recording statute provides in relevant part that: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according law[.] § 695.01(1), Fla....

...1723, 1729, 132 So. 297, 299 (1931); Black v. Skinner Mfg. Co., 53 Fla. 1088, 43 So. 922, 922-23 (1907); Sweat v. Yates, 463 So.2d 306, 307 (Fla. 1st DCA 1984); Hensel v. Aurilio, 417 So.2d 1035, 1037 (Fla. 4th DCA 1982). However, under the plain language of section 695.01(1), an unrecorded deed is not good or effectual in law or equity against creditors or subsequent purchasers for valuable consideration who are without notice of the transaction....

...re parcel vis-a-vis his own interest. [2] Barnett filed a motion for summary judgment in the adversary proceeding which was granted by this Court. In the Memorandum Order, dated February 11, 1986, [3] this Court held that pursuant to Florida Statute § 695.01(1), vis-a-vis Barnett, the conveyance by Warranty Deed of the undivided one-half interest in the 102 acre parcel on December 23, 1979, from father to son was void....

...The quitclaim deed in question here was not recorded prior to recordation of appellee's money judgment. Neither is there any suggestion that appellee was otherwise on notice of its execution. Therefore, the conveyance was ineffectual against appellee's judgment. See § 695.01)(1), Fla.Stat....

...De Corte, 50 Fla. 563, 39 So. 58 (1916). That portion of the judgment of the trial court voiding and vacating the conveyance to appellant is reversed and set aside. [emphasis added]. Id. at 892. Although the trial court in Becker did not expressly rely upon § 695.01(1) of the Florida Statutes as this Court did in its Memorandum Order dated February 11, 1986, it is the statutory authority which protects the rights of creditors of the property owner and bona fide purchasers against secret deals between the immediate parties to the conveyance. Fong v. Batton, 214 So.2d 649 (Fla. 3 DCA 1968). See also Rabinowitz v. Keefer, 132 So. 297 (Fla.1931). Thus, while § 695.01(1) may "void" a conveyance as to a certain creditor such as Barnett, it does not automatically void a conveyance in toto....

...and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded." [2] Recording statutes, such as section 695.01(1), Florida Statutes, are generally held to give constructive notice only as to matters in the muniments in the record chain of title to particular property and judgment liens against titleholders in the record chain of title....

...ordation of the two mortgages and Argent’s lack of actual or constructive notice of the Olympus Mortgage at the time of execution of the Argent Mortgage. Ultimately, the trial court deemed “the Florida statutes on recordation,” namely sections 695.01 and 695.11, Florida Statutes, “to be of the race-notice variety,” found that the Olympus Mortgage should have priority over the Argent Mortgage, and entered a partial final judgment in favor of Wachovia. On appeal, Argent argues that the trial court erred by finding in favor of Wacho-via on the issue of mortgage priority because the trial court erred in concluding that sections 695.01 and 695.11, Florida Statutes when read together, create a “race-notice” scheme. Argent asserts that section 695.01, Florida Statutes, alone determines which mortgage has priority, that section 695.01 is, and, for over a century, has been recognized to be a “notice” statute, not a “race-notice” statute and that, under section 695.01, the Argent Mortgage has priority over the Olympus Mortgage. Wachovia acknowledges that section 695.01, Florida Statutes, is a “notice” type of recording statute....

...ugh Argent is a subsequent mortgagee for value and did not have notice of the Olympus Mortgage at the time of execution of the Argent Mortgage, the Olympus Mortgage was recorded before the Argent Mortgage. Commentators appear uniformly to categorize section 695.01 as a “notice” type of recording statute. See 2-26 Ralph E. Boyer, Florida Real Estate Transactions § 26.02 (Matthew Bender & Co., Inc. 2010) (“Florida has a notice type recording statute [see § 695.01, Fla....

...een C and B, because it is the fault of B that he did not immediately record his deed, thereby permitting C to deal with the property and part with his consideration without knowledge of B’s interest. So B is es-topped and the equities are with C. Section 695.01, notwithstanding, the trial court accepted Wachovia’s argument that a 1967 amendment to a different statute, section 695.11, Florida Statutes, entitled, “Instruments deemed to be recorded from time of filing” converted Florida from a “notice” to a “race-notice” jurisdiction....

...Examination of the language of the 1906, 1920, and 1935 iterations of section 695.11, make clear that this statute was intended to provide a mechanism for determining the time at which an instrument was deemed to be recorded. Nothing in the case law suggests that section 695.11 modifies section 695.01....

...Wachovia contends that the inclusion of this language converted Florida from a “notice” state to a “race notice” state. We disagree. The amendment to section 695.11 is designed to refine the test for determining the time at which an instrument is deemed to be recorded, not to alter the recording requirement found in section 695.01....

...MacLeod, 977 So.2d 658, 658 (Fla. 1st DCA 2008). Wachovia relies on an earlier opinion of this Court, Rice v. Greene, 941 So.2d 1230 (Fla. 5th DCA 2006), in support of its contention that Florida has a race-notice type of recording statute. In Rice , this Court quoted section 695.01 and found: In other words, “an unrecorded deed is not good or effectual in law or equity against creditors or subsequent purchasers for valuable consideration who are without notice of the transaction.” Fryer v....

...the issue of priority. REVERSED and REMANDED. PALMER, J., and PERRY, B., JR., Associate Judge, concur. . The trial court entered an order consolidating the two foreclosure actions. . Contrary to Wachovia’s contention, when read together, sections 695.01 and 695.11 do not appear to be similar to the wording of New Jersey’s race-notice recording statute on which the trial court relied in its decision....

...Johnson, ___ U.S. ___, 112 S.Ct. 1386, 118 L.Ed.2d 39 (1992). Pursuant to § 547(e), when the transfer occurred depends upon perfection and the relevant question is when the $320,602.28 December 1, 1990, mortgage was perfected. Pursuant to Fla.Stat. 695.01 a mortgage is perfected upon recording....

...§ 30-7-10 (2000); see also First Fed. Savings & Loan Ass'n of Charleston v. Bailey, 316 S.C. 350, 450 S.E.2d 77, 81-82 (1994). Such an unperfected equitable interest is similarly subordinate to the interest of a judicial lien creditor under Florida law. See FLA. STAT. § 695.01 (2000); see also Weissing v....

...The recording statute has always been primarily intended to protect the rights of bona fide purchasers of property and creditors of property owners, rather than the immediate parties to the conveyance."); Fong v. Batton, 214 So.2d 649, 652 (Fla. 3d DCA 1968); see also § 695.01(1), Fla....

...Here, the Trustee was never on notice of the unrecorded Note and Mortgage, nor could the Lis Pendens have placed the Trustee on notice of the unrecorded Note and Mortgage being that the Lis Pendens did not reference the unrecorded Note and Mortgage or Mr. Hernandez. In further support of their argument, the Defendants cite § 695.01, Fla....

...tors." See Defendants' Motion at ¶ 16. However, on the date Ms. Lima recorded her Lis Pendens she merely had a claim to an equitable lien for breach of a subscription agreement, not an entitlement to an equitable lien as she suggests. Specifically, § 695.01, Fla....

...In Quinn Plumbing, the court reiterated the above holding stating that such applied "[i]n the absence of countervailing equities". Id. at 692. Appellee P.A. asserted a right of redemption based on its interest in the property by and through an unrecorded, ten year lease. But section 695.01(1), Fla....

...f a federal tax lien. Under Florida law, “no transfer of real property shall be good and effectual in law or equity against creditors or subsequent purchasers for valuable consideration and without notice unless the same is recorded.” Fla. Stat. § 695.01 ....

...of a prior interest. Under Florida law, “no transfer of real property shall be good and effectual in law or equity against creditors or subsequent purchasers for valuable consideration and without notice unless the same is recorded.” Fla. Stat. § 695.01 ....

...l McCall's interest in the property for $100.00. The primary issue before the Court is whether Barnett has priority of title over John Logan McCall to the interest in the real property that was held by John Lowell McCall. Florida law is controlling. Section 695.01(1) of the Florida Statutes states: No conveyance, transfer or mortgage of real property or of any interest therein ....

...d conveyance." Feinberg v. Stearns, 56 Fla. 279, 47 So. 797, 798 (1908). Feinberg, like the instant matter, involved a title dispute between a judgment lien creditor and a person claiming title under an unrecorded deed. The Feinberg Court found that § 695.01(1) clearly governed this issue. Plaintiff asserts, however, that Section 695.01(1) does not govern this matter because a judgment lien cannot attach to property of which the debtor holds only bare legal title....

...itable title. It was John Logan McCall's obligation to *56 record that warranty deed in order to protect his title against subsequent purchasers or creditors. Failure to record the warranty deed brought the matter within the ambit of Florida Statute § 695.01(1)....

...le since he held an undivided one-half interest in the property. There is no question that Barnett was without actual notice of the unrecorded deed at the time it recorded its judgment lien. Accordingly, it is ORDERED: 1) Pursuant to Florida Statute § 695.01(1), the recorded judgment lien of Barnett Bank of Columbia County has priority over the unrecorded deed of John Logan McCall....

...In reaching its conclusion, the majority fails to consider that reliance is not a substitute for examining the record of title. One may not ignore readily discoverable facts. The Antonellis are charged with constructive notice of the true ownership of the property under recording statutes. § 695.01, Fla....

...l, Richard L. Marks, "sometime in 1974." An acknowledgment and acceptance was executed on August 1, 1974, as evidenced by the notary acknowledgment. [2] The original deed was held in escrow by the law firm of Hoffman, Henry, Smith and Henderson. [3] Section 695.01(1), Florida Statutes (1983), provides: No conveyance, transfer or mortgage or real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity as against creditors or...

...III.THE STANDARD OF REVIEW The pertinent facts here are essentially undisputed. The parties agree that the applicable standard of review for the final summary judgment is de novo. See Volusia Cnty. v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla.2000). IV.THE PARTIES’ ARGUMENTS Florida’s recording statute, section 695.01, Florida Statutes (2004), provides, in pertinent part, as follows: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law...

...The Delucas and JPMorgan acquired their interests in the Olde Cypress property after the Regions Bank mortgage was executed and recorded. Thus, with regard to the Regions Bank mortgage, the Delu-cas and JPMorgan are subsequent purchasers for value. Section 695.01 is a “notice” type of recording statute....

...rded in accordance with section 695.11, Florida Statutes (2011). The trial court further found that, because the documents were recorded, they provided constructive notice such that the Mayfields and BB & T were not entitled to the protection of section 695.01, Florida Statutes (2011)....

...On appeal, the parties dispute whether constructive notice could attach when the W & A deed and First City mortgage appeared in the official records for 73 minutes before being completely eradicated due to the clerk’s error. The appellants rely on section 695.01 and argue that it imposes a requirement that an instrument *401 presently “be” in the public records in order to impart constructive notice. Section 695.01 provides, in part: (l)No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.... Section 695.01 is a “notice” recording statute, the primary purpose of which is to protect subsequent purchasers (including mortgagees and creditors) against claims arising from prior unrecorded instruments. See Argent Mortgage Co., LLC v. Wachovia Bank, N.A., 52 So.3d 796, 799 (Fla. 5th DCA 2010). In order to prevail under section 695.01, the bona fide purchaser must be without notice, in this case, constructive notice....

...e time the W & A deed and First City mortgage were recorded on July 6, 2006. Although the appellants suggest that these documents had to remain in the official records to impart constructive notice, we find no such requirement in section 695.11. Section 695.01 requires that, to be good and effectual against bona fide purchasers, a doeu *403 ment must “be recorded according to law.” The W & A deed and First City mortgage were recorded according to law....

....11, Florida Statutes, by reference to the official filing number, the appellee was found by the lower court to have a superior claim to the subject property. Thereafter, an amended judgment of foreclosure was entered in appellee's favor. Relying on section 695.01, Florida Statutes (1991), which provides that no conveyance, transfer or mortgage of real property shall be good and effectual against subsequent purchasers unless the same is "recorded according to law," appellants contend on appeal t...

...However, we do not read Dixon as supporting the view, as argued by appellants, that competing claims to real property are resolved based upon the propriety of the indexing of the relevant documents, rather than by application specific requirements of sections 695.01 and 695.11....

...664, 666 (Bankr.M.D.Fla.1999). In Florida, a subsequent bona fide purchaser *305 of real property may avoid a prior transfer if the transfer is not perfected by the recording of the transfer in the county where the real property is located. See FLA. STAT. § 695.01(1) (2000)....

...In the instant case, the Court finds that the transfers of Lots 18, 19 and 20 are unperfected. Plaintiff alleges that the assignments and quit claim deeds transferring Lots 18, 19, and 20 to Defendant were not filed in Marion County pursuant to FLA. STAT. § 695.01(1)....

..."Because a bankruptcy trustee stands in the shoes of a judgment creditor [and bona fide purchaser] without notice, [the trustee] could have avoided an [unperfected] equitable lien had it been imposed." Id. Defendant did not allege or prove that he perfected any equitable interest in Lots 18, 19, and 20 pursuant to FLA. STAT. § 695.01(1)....

...That can be determined only after the facts are ascertained from the testimony. So far as the record discloses, the mortgage of appellees is prior, it having been recorded prior to that of appellants (see section 5698, C.G.L., 1927 [now codified at § 695.01, Fla....

...their own, as is alleged, then the mortgage of appellants is prior. 141 Fla. at 426, 193 So. at 291. Because we conclude that the case sub judice is indistinguishable from Cone, we reverse and remand for further proceedings in light of that case and section 695.01, Florida Statutes (1981)....

...FNMA's foreclosure was based on a mortgage recorded on December 14, 1983. The Association's claim of lien was not filed until June 8, 1991. Both sides agree that "first in time is the first in right." Bank of South Palm Beaches v. Stockton, Whatley, Davin & Co., 473 So.2d 1358, 1360 (Fla. 4th DCA 1985); § 695.01, Fla....

...shall have priority over any instrument bearing a higher number in the same series." The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: "No conveyance, transfer, or mortgage of real property, or of any interest therein ....

...On September 9, 1985, Logan McCall initiated Adversary Proceeding No. 85-178 in bankruptcy court to determine the validity, priority and extent of Barnett's interest in the property. After a hearing on Barnett's Motion For Summary Judgment, the court entered an order on February 11, 1986, holding that under Section 695.01, Florida Statutes, Barnett's judgment lien on Lowell McCall's interest had priority over the unrecorded deed of Logan McCall....

...interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.... Section 695.01, Florida Statutes (1985)....

...recorded pursuant to Florida law prior to filing of the petition herein. Pursuant to § 544(a) of Title 11 of the United States Code the trustee is constituted as a bona fide purchaser and a judicial lien creditor. Under Florida's recording statute, § 695.01, Florida Statutes, an unrecorded conveyance or transfer is void as against subsequent purchasers or judgment lien creditors unless the same has been recorded according to law....

...l property, or of any interest therein . . . shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law . . .". Fla. Stat. ch. 695.01 (1995)....

...Dye's unrecorded interest as a lien creditor pursuant to §§ 544(a)(1) & (2) of the Bankruptcy Code. In re Crabtree, 871 F.2d at 38; In re Bob Cooper, Inc., 65 B.R. at 613. Furthermore, under section 544(a)(3) of the Bankruptcy Code and Fla. Stat. § 695.01, the Trustee assumes the position of a bona fide purchaser and may void any unrecorded interest as of the petition date....

...located. Paradise Assoc., 249 B.R. at 371. In this case, the real Property is located in Florida, and therefore, *161 the Trustee's rights and powers as a bona fide purchaser are governed by Florida law. Under Florida's recording statute, Fla. Stat. § 695.01, [4] a bona fide purchaser of real property takes precedence over unrecorded equitable interests....

...he Debtor and the Defendant as co-owners. There is no subsequently recorded transaction or declaration indicating that the Debtor holds only bare legal title subject to a resulting trust for the benefit of the Defendant. Thus, under Florida Statutes § 695.01, the Trustee in his status as a bona fide purchaser would prevail over the unrecorded equitable interest asserted by the Defendant....

...The Defendant asserts that as of the petition date, the Debtor held bare legal title in the real Property subject to the Defendant's equitable interest in a resulting trust. However, "the differences between a constructive trust and a resulting trust are immaterial in th[e] § 544(a)(3) context. Florida law [section 695.01], the applicable state law here, does not differentiate between a constructive trust or resulting trust when addressing a bona fide purchaser's rights regarding real property." In re Loewen, 292 B.R....

...tations omitted). [3] Section 541(a)(3) includes as property of the estate property that the trustee recovers under § 550. Section 550 in turn permits the trustee to recover property avoided under § 544. See 11 U.S.C. § 550. [4] Florida Fla. Stat § 695.01 titled, Conveyances to be recorded, states in pertinent part: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity...

...Leonard to the Debtor, transferring her one-half interest in the Florida Property, was recorded on March 3, 2008. Under Florida law, a real property transfer is effective against subsequent purchasers for value and creditors upon recordation. Fla. Stat. § 695.01 (2009)....

...y interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law." § 695.01, Fla....

...Appellee should have adjusted the metes and bounds description in her conveyance to Appellants' predecessors in title to show the fence as the actual boundary if she wished the fence location as her actual west boundary line. Any other application of McDonald conflicts with public policy as prescribed by section 695.01, Florida Statutes....

...Michael was not of record as of the date of the foreclosure sale, and was, in essence a “secret settlement,” the appellant argues the protections afforded to her as a bona 4 fide purchaser for value under sections 702.0361 and 695.01,2 Florida Statutes (2013), were violated. “The right of redemption is the mortgagor’s valued and protected equitable right to reclaim [his or] her estate in foreclosed property.” Sudhoff v....

...purchaser of 1 Section 702.036, Florida Statutes (2013), limits an action or proceeding seeking to set aside, invalidate, or challenge and requires a court to treat such a proceeding as a claim for monetary damages if certain conditions apply. 2Section 695.01, Florida Statutes (2013), provides generally that a conveyance of real property shall not be effectual in law or equity against creditors or subsequent purchasers for valuable consideration, unless the instrument of conveyance is recor...

...An examination of the public record by C would have only corroborated B's representation that he owned a one-half interest in Blackacres. The public records did not disclose, and therefore did not give constructive notice of, the possible equitable rights of A in and to the one-half interest held of record in B's name. [3] Section 695.01, Florida Statutes....

...corded pursuant to Florida law prior to filing of the petition herein. Pursuant to § 544(a) of Title 11 of the United States Code the trustee is constituted as a bona fide purchaser and a judicial lien creditor. Under Florida’s recording statute, § 695.01, Florida Statutes, an unrecorded conveyance or transfer is void as against subsequent purchasers or judgment lien creditors unless the same has been recorded according to law....

...the Uniroyal property, thereby insulating his fee simple title interest from the obligations of that agreement. A bona fide purchaser without notice (BFP) takes title free of any prior encumbrance which was unrecorded at the time he took title. See § 695.01(1), Fla....

...of real property, or of any interest therein . . . shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law . . . Fla. Stat. § 695.01(1)....

was entered in appellee’s favor. Relying on section 695.01, Florida Statutes (1991), which provides that

...Florida has adopted a notice provision as the benchmark for assessing the priority of liens on real property and “[a] grantee taking title to land with knowledge of prior claims is bound by those claims.” Moyer v. Clark, 72 So.2d 905, 906 (Fla.1954). Section 695.01, Florida Statutes (1989) states in relevant part: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law *1333 or equity again...

...In the present case, the Parents neither received loan proceeds, nor otherwise benefited from the application of those proceeds, nor made any monthly payments, nor acquired full knowledge of the material details of the mortgage loan. B. Attorney-in-Fact Section 695.01(1), Florida Statutes (2005), provides protection to creditors and purchasers who accept a conveyance or lien signed by an attorney-in-fact on behalf of a property owner (and then recorded), so long as the power of attorney itself is...

...In the present case, the Parents neither received loan proceeds, nor otherwise benefited from the application of those proceeds, nor made any monthly payments, nor acquired full knowledge of the material details of the mortgage loan. 7  B. Attorney-in-Fact Section 695.01(1), Florida Statutes (2005), provides protection to creditors and purchasers who accept a conveyance or lien signed by an attorney-in-fact on behalf of a property owner (and then recorded), so long as the power of attorney itself is...

...eration for all of the property in good faith; and (3) recorded her deed prior to Sims. Based upon these undisputed facts, the trial court correctly concluded, as a matter of law, that McClain is a bona fide purchaser vested with superior title. See § 695.01, Fla.Stat....

...rtgage. “[T]he applicable rule governing priority of lien interests is first in time is first in right.” Holly Lake Ass’n v. Fed. Nat’l Mortg. Ass’n, 660 So. 2d 266, 268 (Fla. 1995) (citation and internal quotation marks omitted); § 695.01(1), Fla....

...We affirm the trial court’s determination of priority. The recording of the mortgage from a mortgagor who was not the record owner of the property creates no mortgage lien and imparts no notice to anyone. Reformation may not be used to adversely affect intervening lien holders without notice. § 695.01, Fla.Stats....

...Lansdowne and the County filed cross- motions for summary judgment on the issue of priority. The trial court granted Lansdowne’s motion and denied the County’s motion, concluding that Lansdowne’s mortgage was superior to the County’s tax lien pursuant to Florida’s recording statute. See § 695.01(1), Fla....

...Stat. (2015). After the trial court entered a 2 final judgment of foreclosure and an order denying the County’s motion for rehearing, the County appealed. Generally, courts in Florida employ section 695.01(1) when determining the priority of interests in real property....

for failure of Coleman to comply with Fla.Stat. § 695.01, F.S.A.; that the Sheriff’s action in putting

compliance with the Florida recording statute, Section 695.01, does not give the mortgage priority over the

relying *916upon the Marketable Title Act, Section 695.-01, Florida Statutes (1979), gave valuable consideration

...rest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; .... § 695.01, Fla.Stat....

...e acquired its mortgage interest, it had constructive or actual notice of the existence of an unrecorded agreement, upon which appellant relies for the contention that appellant had a previously-acquired and outstanding interest in the property. See § 695.01(1), Fla....

...cquired its mortgage interest, it had constructive or actual notice of the existence of an unrecorded agreement, upon which appellant relies for the contention that appellant had a previously-acquired and outstanding interest in the property. See § 695.01(1), Fla. Stat....

...Accordingly, the motion is deemed unopposed and is therefore GRANTED. Plaintiffs four count Verified First Amended Complaint seeks declaratory relief discharging an unrecorded “assignment of mortgage or other evidence of transfer of ownership of the Subject Mortgage,” pursuant to Florida Statute § 695.01 (Count I); discharging an unrecorded assignment of mortgage pursuant to Florida Statute § 701.02 (Count II), discharging unidentified unrecorded interests in certain real property pursuant to Florida Statute § 48.23, and quieting title vis a vis the Subject Mortgage, pursuant to Florida Statute § 65.021 (Dkt.3)....

...that the City’s later-recorded code compliance liens have priority over MetroJax’s earlier-recorded mortgage based on the application of section 701.02(1). We agree. In determining the priority of interests in real property, Florida is a “notice” state. See § 695.01(1), Fla....

...creditors and subsequent purchasers by virtue of any document filed in the grantor/grantee index—the official records.”) (quoting Dunn v. Stack, 418 So. 2d 345, 349 (Fla. 1st DCA 1982), quashed on other grounds, 444 So. 2d 935 (Fla.1984)). Therefore, based on section 695.01(1), the earlier-recorded Bayrock mortgage, which is now owned by MetroJax, is superior to the City’s later- 5 recorded code compliance liens....

...The quitclaim deed was recorded on November 19, 1986. ISSUES The United States has argued that it made a proper title search and that no deed evidencing a transfer of Brigety’s interest in the property was ever recorded. Accordingly, the government argues that it is entitled to prevail under Section 695.01, Florida Statutes, as a matter of law....

...509 , 80 S.Ct. 1277 , 4 L.Ed.2d 1365 (1960), the Supreme Court announced that the priority of federal tax liens should be determined by state law. Since the property in question is located in Florida, that state law will be applied. In this regard, Section 695.01, Florida Statutes, provides: (1) No conveyance, transfer or mortgage of real property, or any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or in equity against creditors or subseq...

...Maryland Casualty Co., 79 So.2d 517 (Fla.1955), a case directly on point. In Hull , the Court was faced with a situation where a deed remained unrecorded for twenty-three years and during that period judgments were entered and recorded against the grantor of the deed. In dealing with that problem, the Court interpreted Section 695.01, Florida Statutes, and stated: “The lien of a judgment attaches only to the land of the judgment debtor, ......

...The quitclaim deed in question here was not recorded prior to recordation of appellee’s money judgment. Neither is there any suggestion that appel-lee was otherwise on notice of its execution. Therefore, the conveyance was ineffectual against appellee’s judgment. See § 695.01(1), Fla.Stat....

...a valuable consideration and without notice, unless the same shall be recorded in the office assigned by law for that purpose .... Act Nov. 15, 1828 §§ 4, 9.3 The general recording statute’s current iteration, codified within section 695.01, Florida Statutes (2008), largely preserves the original’s wording and force.4 3Anelectronic version of the 1828 Act is available through the State Archives’ website at: https://archive.org/stream/actsofle1828flor#page/156/mode/2up. 4Section 695.01, Florida Statutes (2008), provides in relevant part: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in l...

...2d at 290 n.2. Justice Grimes’ note casts doubt on the statute’s applicability to assignees of the same note and mortgage, unless courts “construe[d] the terms ‘creditors or subsequent purchasers’ to include an assignee.” Grimes, supra, at 96. As quoted in Rothenberg, Justice Grimes expressed § 695.01(1), Fla....

the property senior to First Magnus’s interest. § 695.01(1), Fla. Stat. (2019); Argent Mortg. Co., LLC

...(1980 Supp.), in pari materia, the legislative intent seems clearly to be that a duly appointed Commissioner of Deeds reside in or be a resident of another state or territory of the United States, the District of Columbia, or a foreign country." (e.s.) Section 695.01 , F.S., in pertinent part, provides: "No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or sub...

...d therefore, the situation you are suggesting should be avoided in the absence of legislative clarification or judicial precedent. Therefore, until such time as it is judicially determined otherwise, I am constrained to conclude that the terms of ss 695.01 and 695.03 (3), F.S., require that a Commissioner of Deeds, appointed and commissioned by the Governor of this state in and for a foreign country pursuant to Ch....

...FNMA’s foreclosure was based on a mortgage recorded on December 14, 1983. The Association’s claim of lien was not filed until June 8, 1991. Both sides agree that “first in time is the first in right.” Bank of South Palm Beaches v. Stockton, Whatley, Bavin & Co., 473 So.2d 1358, 1360 (Fla. 4th DCA 1985); § 695.01, Fla.Stat....

...ly recorded in the county where the subject property lies, pursuant to the requirements of section 55.08, F.S.1951, F.S.A., she is entitled as against appellee to protection as a bona fide purchaser without notice by reason of said section 55.08 and section 695.01, F.S.1951, F.S.A....

...ge of title occurs in accordance with the parties’ intent whether or not a new title has been issued. When read together, Sections 319.22 and 319.27(2), Fla.Stat., (which apply to transfers or security interests in motor vehicles) are analogous to Section 695.01, Fla.Stat., which is the recording statute applicable to transfers or security interests in real property....

...ity separate from its members as provided in sections 620.595 and 620.605, Florida Statutes (1979). The deed here purported to convey “all” of the grantor-joint venture’s right title and interest. With respect to conveyances by quitclaim deed, section 695.01(2) provides: Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts; Upon our review of the record, we conclude that the quitclai...

...No opinions have been found applying the act to a lienholder on real property in similar circumstances. An unrecorded mortgage on real estate, although valid upon execution and delivery, is not enforceable against subsequent purchasers or lienholders for a valuable consideration and without notice. E.g., § 695.01(1), Fla.Stat....

...l ignorance concerning real estate terminology and had no idea what agreements his mother may have entered into. Additionally, based upon appellees' argument, the trial court relied upon a subsection of a statute that had been repealed. Before 1985, section 695.01, Florida Statutes, *897 included subsection (3), which expressly provided that the statute did not apply to "quitclaims heretofore made." In 1985, that subsection was repealed. See Ch. 85-63, § 8, Laws of Fla. Applying section 695.01 to this case, there was insufficient evidence to establish that appellant had "notice" of the prior, unrecorded, lost deed within the meaning of the statute....

...interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.” § 695.01, Fla....

...In Count I, the Trustee seeks to avoid a transfer from the Debtor to Michael Rosin pursuant to § 547 of the Bankruptcy Code. In Counts II, III, and IV, the Trustee seeks to avoid the transfers to Michael, Robert, and Alexander, respectively, pursuant to § 544 of the Bankruptcy Code and Florida Statute § 695.01(1)....

...est in both real property and personal property- The Trustee asserts, generally, that the quitclaim deeds did not transfer any interest in property, that the assignments are voidable pursuant to Section 544 of the Bankruptcy Code and Florida Statute § 695.01(1) because they were not recorded in the public records of DeSoto County, and that any transfer by the quitclaim deed to Michael Rosin is avoidable because the deed was recorded within one year prior to the filing of the Debtor’s bankruptcy petition....

...btains the status of bona fide purchaser and has perfected such transfer at the time of the commencement of the case, whether or not such a purchaser exists. Chapter 695 of the Florida Statutes is entitled “Record of Conveyances of Real Estate.” Section 695.01(1), as contained in Chapter 695 and cited by the Trustee, provides: 695.01 Conveyances to be recorded.— (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effec *631 tual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law. Since the Assignments were not recorded pursuant to Florida Statute § 695.01(1), the Trustee contends that they are voidable pursuant to § 544(a)(3) of the Bankruptcy Code....

...release and relinquish a possible future right to inherit property, as long as the document clearly expresses the intent to do so, is fair, and is supported by consideration. IV. Recording an assignment of an expectancy is not required by Fla. Stat. § 695.01 . Florida Statutes § 695.01 requires that a conveyance or transfer of an interest in real property must be recorded to be effective against creditors or subsequent purchasers for value and without notice. 695.01 Conveyances to be recorded....

...rries with it the full title or some valuable interest therein, and has no reference whatever to void conveyances, mortgages, or transfers that in no wise affect the title or right in the real estate covered thereby. *636 The provisions of Fla.Stat. § 695.01 do not require that an assignment of an expectancy be recorded....

...efore enforceable assignments. The remaining issues raised by the parties, therefore, are whether the assignments to the Defendants are voidable under § 544(a)(3) because the assignments were not recorded in the public records pursuant to Fla.Stat. § 695.01(1), and whether the assignment to Michael Rosin is voidable under § 547 because the assignment to him was not recorded until March 8,1993. II. The motions for summary judgment as to all defendants; 11 U.S.C. § 544 , and Fla.Stat. § 695.01....

..., against whom applicable law permits such transfer to be perfected, at the time of the commencement of the case. The Trustee argues that the assignments were required to be recorded to be perfected against a bona fide purchaser pursuant to Fla.Stat § 695.01. However, as discussed above, the recordation of the assignments is not required by Fla.Stat. § 695.01, since the assignments did not convey an interest in the property. Such a conveyance of real property or an interest in real property is a prerequisite to the applicability of § 695.01....

...ommencement of the Debtor’s bankruptcy case could require the personal representative to distribute the property to such purchaser. Accordingly, the assignments by the Debtor are not voidable under § 544(a)(3) of the Bankruptcy Code and Fla.Stat. § 695.01....

directly for utility services. In addition, section 695.01(1), Florida Statutes, provides: No conveyance

...the Georgia grant. The Confirmation Act does not require recording. The failure to record a deed does not necessarily affect the validity of conveyance, but rather operates to protect subsequent purchasers for valuable consideration without notice. § 695.01, F.S....

...mortgage of each individual equal dignity mortgage determined by the precise recorded minute and second of each equal dignity mortgage. The Court has considered the various contentions of the parties and is mindful of Florida’s recording statutes, § 695.01, et seq., (1987), that is, that the first in time in recording is the first in priority....

...istent 3 Manhattan Palms could have searched the title of the subject property by searching the legal description of the property for encumbrances. It appears that Manhattan Palms did not do so. 7 with section 695.01, Florida Statutes (2022), just like the Clerk had done in 2008 when the Clerk properly recorded the Regions mortgage. Because Manhattan Palms was utilizing the index as a member of the general public, sovereign immunity bars its negligence claim against the Clerk....

...2d at 935. We cannot agree with Dixon's legal conclusion that clerks owe a special duty to every individual using the index to the public records. With respect to our colleagues in the Fourth District, Dixon confused recording of a document with indexing the document: section 695.01 requires recording documents, not indexing them....

...Conclusion While "the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land," Dixon, 603 So. 2d at 564, recording is not indexing. Here, the Clerk owed a duty under section 695.01 to record the Regions mortgage. The Clerk did so. The Clerk owed a duty under section 695.01 to record the Manhattan Palms mortgage....

...c individual or identifiable class; therefore, the Clerk's sovereign immunity bars this action, and the trial court denied the Clerk's motion to dismiss in error. The Clerk satisfied its only statutory duty to Manhattan Palms, which arose under 695.01 and not 28.222(2). Accordingly, we vacate the order denying the Clerk's motion to dismiss and remand with instructions that Manhattan Palms' lawsuit be 8 dismissed with prejudice....

(Fla. 4th DCA 2020) (citation omitted); see also § 695.01(1), Fla. Stat. (2015). As such, there are three

...r longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law. § 695.01(1), Fla....

..."[V]ague reports and rumors from strangers are not a sufficient foundation on which to charge a purchaser with notice." Id. at 763-64 (quoting Hopkins, 49 So. at 940). "If believed by the finder of fact, oral testimony alone may support a finding of notice under section 695.01." Id....

...this question. 2 The Florida Association of Court Clerks and Comptrollers advises that this is the common practice among Florida court clerks. 3 Section 28.222 (1), Fla. Stat. 4 Section 28.222 (3)(h), Fla. Stat. 5 Section 28.222 (3)(a), Fla. Stat. 6 Section 695.01 , Fla....

...reater than Gagliano’s equity of redemption. By executing the July 7, 2005 deed, Mr. and Mrs. Gagliano deeded all their, right, title, interest in the subject property to the Barzano’s. [sic] The lease with option was subject to the operation of 695.01 F.S....

...of the [Barzanos] as owners of the Osteen mortgage and as judgment creditors.” They urge that because the lease is subject to the Barzanos’ foreclosure judgment, it is also subject to the Barzanos’ title under the quitclaim deed. They rely on section 695.01(1), Florida Statutes, to support their contention that their rights as judgment creditors defeat Morris and Pate’s rights under the lease....

...nd without notice, unless the same be recorded according to law [[Image here]] (2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and *827 held to be bona fide purchasers without notice within the meaning of the recording acts. § 695.01, Fla....

...y mortgages were all recorded on December 21st, 1983, over one month earlier. This being so, the twenty-three investors claim priority for their “second” mortgages over the “second” purchase money mortgage in favor of the seller by reason of section 695.01, Florida Stat *937 utes (1987)....

...For the reasons stated herein, the Court is not persuaded. There is no dispute that Defendant recorded its security interest in the subject real estate, including any improvements thereon, in the public records of Baker County in conformity with Fla. Stat. § 695.01 , et seq....

...One faulty premise of Plaintiffs’ argument lies in the fact that the subject secured collateral was not personal property subject to perfection by the filing of a UCC-1 financing statement, but was an improvement to real estate subject to perfection under the State’s recording statutes ( Fla. Stat. § 695.01 , et seq.)....

...ngs in this cause. See Gabel v. Drewrys Limited, Fla.1953, 68 So.2d 372 ; Van Eepoel Real Estate Co. v. Sarosota Milk Co., 100 Fla. 438 , 129 So. 892 (1930); Manufacturers & Traders Trust Co. v. First Nat. Bank, Fla.App.1959, 113 So.2d 869 ; and § 695.01(1), Fla.Stat, F.S.A....

PER CURIAM. Affirmed. See § 695.01(1), Fla. Stat. (2012); Mayfield v. First City Bank of Fla., 95 So.Sd 398, 401 (Fla. 1st DCA 2012), review denied, 116 So.3d 1261 (Fla.2013) (“Section 695.01 is a ‘notice’ recording statute, the primary purpose of which is to protect subsequent purchasers (including mortgagees and creditors) against claims arising from prior unrecorded instruments.”); see also Sunshine State Ins....

PER CURIAM. We affirm based upon a holding that there exists no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Holl v. Talcott, 191 So.2d 40 (Fla.1966); Moore v. Moms, 475 So.2d 666 (Fla.1985); § 695.01, Fla.Stat....

...prejudgment interest at eighteen percent. 1 To render this transfer of real property “good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice,” it was required that this order be recorded. See § 695.01(1), Fla....

...We disagree. 2  “In determining the priority of interests in real property, Florida is a ‘notice’ state.” Barton v. MetroJax Prop. Holdings, LLC, 207 So. 3d 304, 306 (Fla. 3d DCA 2016) (citations omitted); see also § 695.01(1), Fla. Stat....

...shall have priority over any instrument bearing a higher number in the same series." The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: "No conveyance, transfer, or mortgage of real -6-  property, or of any interest therein ....

...§ 679.3151(4), subsection (c), because the only way to perfect an interest in Florida real estate is compliance with Florida's recording laws, and the Investors did not record their interests in the Reacquired Lots as required by chapter 695 of the Florida Statutes. Fla. Stat. Ann. § 695.01(1) (West 2010) ("No conveyance, transfer, or mortgage of real property, or of any interest therein, ......

from claims outside that chain of title. See Section 695.01(1), Florida Statutes (1995); see, e.g., Koschler

...However, the plain language of Florida’s recording statute states that “[n]o conveyance ... of real property, or of any interest therein ... shall be good and effectual in law or equity against ... subsequent purchasers for valuable consideration and without notice, unless the same be recorded according to law.” § 695.01(1), Fla....

...b (Am. Law Inst. 1936)); 52A C.J.S. Landlord & Tenant § 1078, Westlaw (database updated September 2016) (citing McBryde v. Lowe, 163 So.2d 896, 899 (Fla. 2d DCA 1964) (Shannon, J., dissenting)). Accordingly, the right to receive rent is covered by section 695.01(1)....

securing it by 2006. Schlossberg also relies on section 695.01, Florida Statutes, which protects subsequent

...For the reasons set forth below, we reject Presidential’s arguments. Analysis A. Law on Notice The recording statute in Florida is a “notice” statute. B.A. Mortg., LLC v. Baigorria, 300 So. 3d 198, 200 (Fla. 4th DCA 2020); § 695.01(1), Fla. Stat....

...unless the same be recorded according to law.” Florida also has a more general, but similarly-worded, recording statute that mandates recor-dation of, inter alia, "conveyance[s], transferís], or mortgage[s] of real property.” See Fla.Stat. Ann. § 695.01(1) (West 1994)....

..."A deed takes effect from the date of delivery, and the recording of a deed is not essential to its validity as between the parties or those taking with notice." Sweat v. Yates, 463 So.2d at 307. The purpose of recording an interest in real property pursuant to Florida's recordation statute, Florida Statute Section 695.01, is to place subsequent purchasers and creditors on notice of such interest. Luria v. Bank of Coral Gables, 106 Fla. 175, 142 So. 901, 908 (1932). Section 695.01 provides: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...fore the accruing of the right of such creditor of subsequent purchaser. (2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts. FLA. STAT. § 695.01....

...reof. Licata v. DeCorte, 39 So. at 59. Quit-Claim Deed II while it was unrecorded would have been ineffectual or void as to "creditors or subsequent purchasers for a valuable consideration and without notice" of such deed pursuant to Florida Statute Section 695.01(1). "Thus, while § 695.01(1) may `void' a conveyance as to a *853 certain creditor ..., it does not automatically void a conveyance in toto....

...ohn W. Chesley. “That, even if the principle of after-acquired title in Harrison Webster Chesley were to be applied, the Plaintiff did not pay a valuable consideration to Mary Agnes Sanborn for said property and, therefore, was not protected under Section 695.01 of the 1963 Florida Statutes [F.S.A.], and the deed from Mary Agnes Sanborn to Marguerite Chesley and John H....

...On the basis of the homestead, they were again in the situation they were at the death of Sanborn. Under these circumstances, plaintiff cannot rely upon estoppel or after-acquired title. Plaintiff next questions whether or not he is entitled to the protection of F.S. § 695.01, F.S.A., basing his title on a deed, as heretofore set out, from Mrs....

...tgage at the time their mortgages were recorded and, therefore, they should be entitled to a priority position based on the Florida recording statutes discussed below. The initial governing provision dealing with priorities of mortgages is Fla.Stat. 695.01(1) (1987), which provides as follows: 1....

...rovides only that the mortgage may be subordinated to a second mortgage securing an indebtedness, and certainly not to all of the EDM’s that may have been recorded. The initial governing provision dealing with priorities of mortgages is Fla. Stat. 695.01(1) (1987) which provides as follows: No conveyance, transfer, or mortgage of real property ......

...ecured obligation. Considering the respective positions of the parties, this Court is satisfied that in the State of Florida, the priorities of mortgages accompanying the same property are determined by the sequences of rec-ordation, Florida Statute Section 695.01(1) (1987), which provides as follows: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors...

...he ownership interest without notice of the mortgage. However, those whose interests in real property are protected from a mortgage recorded after their interests were acquired are designated as “creditors” or “purchasers” of the property in section 695.01, Florida Statutes (1987), and the *401 ward in this case was neither....

...The Court finds that City had both constructive and actual knowledge of the option agreement and its prohibition against further encumbrances. The purchaser of an interest in land is charged with notice of, and takes subject to, liens or encumbrances that are reflected in the public records. Fla.Stat. § 695.01 (1981)....

than such common source.” * * * * * * Under Section 695.01, Florida Statutes, F.S.A., Hadjes would have

...At the pretrial conference, the parties stipulated that appellant had the burden of establishing that appellee was estopped from asserting any priority it might have by virtue of its May 2, 1978, mortgage and that appellee’s mortgage was not entitled to the benefit of the recording statute, section 695.01(1), Florida Statutes....

...ay’s property. Parry had also reviewed appellant’s modification of mortgage, including the specific recital that appellant was intended to have, by virtue of its 1972 mortgage, a first lien over all of Skyway’s property. The recording statute, section 695.01(1), provides: No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a...

...To sum up, the trial court was correct in ruling that appellee was not a bona fide purchaser for value but, having made that ruling, erred in failing to then enter judgment in favor of appellant. Moreover, even if appellee had qualified as a “subsequent purchaser for a valuable consideration” within the meaning of section 695.01(1), ap-pellee was not “without notice” as required by the statute....

...However, the recordation of the document (or, as in this case, the non-recordation) in no way affects the validity of documents executed to formalize an agreement. See Mayfield v. First City Bank of Fla., 95 So. 3d 398, 401 (Fla. 1st DCA 2012) (holding: “Section 695.01 is a ‘notice’ recording statute, the primary purpose of which is to protect subsequent purchasers (including mortgagees and creditors) against claims arising from prior unrecorded instruments”) (citing Argent Mortg....

...Pepe Coin Laundries, Inc., plaintiff below, appeals from a summary final judgment in favor of appellee Catovest International, Inc., in which the trial court held that Catovest did not have any notice of a lease prior to purchasing the building where Pepe Coin Laundries’ machines were located. We affirm. Section 695.01(1), Florida Statutes (2000), states: “No ......