CopyCited 42 times | Published | Supreme Court of Florida | 153 Fla. 501, 1943 Fla. LEXIS 684
...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....
0 red0 yellow7 green0 procedural
Cited as authorityJsw (1994)phrase: "rule_authority"
Cited as authorityG.W.B. (1994)phrase: "rule_authority"
Cited as authoritySmall (1975)phrase: "rule_authority"
CopyCited 30 times | Published | Florida 2nd District Court of Appeal
...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....
0 red0 yellow17 green0 procedural
Cited as authorityGiller (2007)phrase: "rule_authority"
Cited as authorityBailey (2001)phrase: "rule_authority"
CopyCited 22 times | Published | Supreme Court of Florida
...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....
0 red0 yellow8 green0 procedural
Cited as authorityDeluca (2012)phrase: "rule_authority"
CopyCited 24 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 22763
...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....
0 red0 yellow6 green0 procedural
CopyCited 18 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 67, 1995 Bankr. LEXIS 990
...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....
0 red1 yellow12 green0 procedural
Cited as authorityHalwani (2023)phrase: "rule_authority"
Cited as authorityJensen (2016)phrase: "rule_authority"
CopyCited 29 times | Published | District Court, S.D. Florida | 1989 U.S. Dist. LEXIS 9869, 1989 WL 95024
...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....
0 red0 yellow3 green0 procedural
Cited as authorityRobbins (1990)phrase: "rule_authority"
Cited as authorityIn Re Hansen (1990)phrase: "rule_authority"
CopyCited 16 times | Published | Florida 4th District Court of Appeal
...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)....
0 red0 yellow10 green0 procedural
Cited as authorityBraunstein (2020)phrase: "rule_authority"
Cited as authorityDye (2017)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 1st District Court of Appeal
...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....
0 red0 yellow10 green0 procedural
Cited as authorityKelly (2017)phrase: "rule_authority"
Cited as authorityMegiel-Rollo (2015)phrase: "rule_authority"
Cited as authorityFuller (2012)phrase: "rule_authority"
CopyCited 13 times | Published | Florida 3rd District Court of Appeal
...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....
0 red0 yellow8 green0 procedural
CopyCited 12 times | Published | Florida 4th District Court of Appeal | 2001 Fla. App. LEXIS 12144, 2001 WL 980818
...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....
0 red0 yellow10 green2 procedural
Cited as authorityNikooie (2014)phrase: "rule_authority"
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 21 Fla. L. Weekly Fed. B 267, 2008 Bankr. LEXIS 927, 49 Bankr. Ct. Dec. (CRR) 242
...§ 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....
0 red0 yellow16 green0 procedural
CopyCited 11 times | Published | Florida 4th District Court of Appeal | 2007 WL 2710771
...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)....
0 red0 yellow11 green0 procedural
Cited as authorityMcNeill (2023)phrase: "rule_authority"
CopyCited 13 times | Published | Supreme Court of Florida
...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....
0 red0 yellow5 green0 procedural
CopyCited 12 times | Published | Florida 3rd District Court of Appeal
0 red0 yellow6 green0 procedural
Cited as authorityIngrassia (1990)phrase: "rule_authority"
Cited as authorityFineberg (1988)phrase: "rule_authority"
Cited as authoritySzenay (1986)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 5th District Court of Appeal | 1983 Fla. App. LEXIS 24436
...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)....
0 red0 yellow7 green0 procedural
Cited as authorityLehmann (2014)phrase: "rule_authority"
Cited as authorityHardey (2014)phrase: "rule_authority"
CopyCited 10 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 410, 1996 Bankr. LEXIS 617
...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....
0 red0 yellow9 green0 procedural
Cited as authorityPope (2021)phrase: "rule_authority"
Cited as authorityMarcum (2014)phrase: "rule_authority"
Cited as authorityCrews (2012)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 2008 WL 2663758
...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...
0 red0 yellow8 green0 procedural
CopyCited 10 times | Published | Florida 4th District Court of Appeal
...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....
0 red0 yellow8 green0 procedural
Cited as authorityMarcum (2014)phrase: "rule_authority"
Cited as authorityDeluca (2012)phrase: "rule_authority"
CopyCited 7 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000
...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....
0 red0 yellow14 green0 procedural
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 34 U.C.C. Rep. Serv. (West) 1623
...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....
0 red0 yellow5 green0 procedural
Cited as authorityBarton (2016)phrase: "rule_authority"
Cited as authorityDeluca (2012)phrase: "rule_authority"
Cited as authoritySlachter (2001)phrase: "rule_authority"
CopyCited 10 times | Published | Florida 4th District Court of Appeal | 1975 Fla. App. LEXIS 14744
...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....
0 red1 yellow3 green0 procedural
Cited "but see"McDaniel (1976)phrase: "but see"
Cited as authorityDuresa (2004)phrase: "rule_authority"
Cited as authorityDuresa (2004)phrase: "rule_authority"
CopyCited 11 times | Published | Supreme Court of Florida | 1953 Fla. LEXIS 1394
...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...
0 red0 yellow3 green2 procedural
Cited as authorityCamargo (2005)phrase: "rule_authority"
Cited as authorityPatterson (1992)phrase: "rule_authority"
Cited as authorityMcCausland (1967)phrase: "rule_authority"
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 411, 2001 Bankr. LEXIS 1361
...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....
0 red0 yellow6 green0 procedural
Cited as authorityIn re Migell (2017)phrase: "rule_authority"
CopyCited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 6018
...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....
0 red0 yellow6 green0 procedural
CopyCited 9 times | Published | District Court, S.D. Florida | 25 U.C.C. Rep. Serv. 2d (West) 233, 1994 U.S. Dist. LEXIS 2521, 1994 WL 70110
...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....
0 red0 yellow4 green0 procedural
Cited as authorityIn Re Fowler (1996)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1995 WL 539006
...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....
0 red0 yellow5 green0 procedural
CopyCited 8 times | Published | Florida 3rd District Court of Appeal
...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....
0 red0 yellow5 green0 procedural
Cited as authorityHighsmith (2014)phrase: "rule_authority"
Cited as authorityDesak (2012)phrase: "rule_authority"
Cited as authorityTownsend (2010)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 3327665
...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....
0 red0 yellow6 green0 procedural
Cited as authoritySierra (2024)phrase: "rule_authority"
Cited as authorityChisholm (2015)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 4th District Court of Appeal | 1998 WL 64008
...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....
0 red0 yellow4 green0 procedural
Cited as authorityDuresa (2004)phrase: "rule_authority"
CopyCited 8 times | Published | United States Bankruptcy Court, S.D. Florida. | 1982 Bankr. LEXIS 3459
...*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....
0 red0 yellow4 green0 procedural
CopyCited 7 times | Published | Florida 4th District Court of Appeal | 1992 WL 161618
...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 ......
0 red0 yellow3 green1 procedural
Cited as authorityFuller (2012)phrase: "rule_authority"
Cited as authorityLovett (2004)phrase: "rule_authority"
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 1993 Bankr. LEXIS 733
...§ 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....
0 red0 yellow4 green0 procedural
Cited as authorityIn Re Rolle (1998)phrase: "rule_authority"
CopyCited 6 times | Published | United States Bankruptcy Court, S.D. Florida. | 9 Fla. L. Weekly Fed. B 4, 1995 Bankr. LEXIS 572, 75 A.F.T.R.2d (RIA) 2618
...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....
0 red0 yellow4 green0 procedural
Cited as authorityCallahan (2015)phrase: "rule_authority"
Cited as authorityMoroch (2009)phrase: "rule_authority"
Cited as authorityPansier (1998)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 20132, 2010 WL 5391527
...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....
0 red0 yellow9 green0 procedural
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2003 Fla. App. LEXIS 1814, 2003 WL 361246
...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...
0 red0 yellow5 green0 procedural
CopyCited 6 times | Published | United States Bankruptcy Court, N.D. Florida
...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....
0 red0 yellow3 green0 procedural
Cited as authorityAnderson (2012)phrase: "rule_authority"
CopyCited 14 times | Published | Florida 5th District Court of Appeal
...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....
1 red1 yellow2 green0 procedural
Receded fromHough (1989)phrase: "receded from"
Cited "but see"Arsali (2013)phrase: "but see"
Cited as authorityVeigle (1995)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 313597
...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....
0 red0 yellow4 green0 procedural
Cited as authorityIn Re Gallo (2009)phrase: "rule_authority"
CopyCited 8 times | Published | Supreme Court of Florida | 24 Fla. L. Weekly Supp. 264, 1999 Fla. LEXIS 1047, 24 Fla. L. Weekly Fed. S 264
...[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...
5 red0 yellow4 green0 procedural
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
...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...
0 red0 yellow3 green0 procedural
Cited as authorityDesak (2012)phrase: "rule_authority"
Cited as authoritySeligman (2001)phrase: "rule_authority"
Cited as authorityIn Re McCall (1987)phrase: "rule_authority"
CopyCited 11 times | Published | Florida 3rd District Court of Appeal
...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....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 2012 WL 4746471, 2012 Fla. App. LEXIS 16833
...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....
0 red1 yellow4 green0 procedural
Cited as authorityPhillips (2017)phrase: "rule_authority"
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 12 Fla. L. Weekly 175
...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....
0 red0 yellow5 green0 procedural
Cited as authorityWarner (2020)phrase: "rule_authority"
Cited as authorityBerger (2003)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 2nd District Court of Appeal
...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....
0 red0 yellow1 green4 procedural
Cited as authorityIn Re May (1982)phrase: "rule_authority"
Cert. deniedKoschler (1994)phrase: "cert. denied"
CopyCited 7 times | Published | Supreme Court of Florida
...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....
0 red0 yellow1 green0 procedural
CopyCited 5 times | Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 135, 41 Collier Bankr. Cas. 2d 475, 1999 Bankr. LEXIS 30, 33 Bankr. Ct. Dec. (CRR) 976, 1999 WL 30838
...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 ....
0 red0 yellow2 green0 procedural
Cited as authorityHalwani (2023)phrase: "rule_authority"
Cited as authorityIn Re Lankry (2001)phrase: "rule_authority"
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 1984 Bankr. LEXIS 4738
...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....
0 red1 yellow2 green0 procedural
Cited as authorityCrow (2005)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2012 WL 3588021, 2012 Fla. App. LEXIS 13986
...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....
0 red0 yellow5 green0 procedural
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 5 U.C.C. Rep. Serv. 2d (West) 879, 13 Fla. L. Weekly 774, 1988 Fla. App. LEXIS 1158, 1988 WL 23644
...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....
0 red0 yellow2 green0 procedural
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 23 Fla. L. Weekly Fed. D 1519
...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....
0 red0 yellow2 green0 procedural
Cited as authorityTownsend (2010)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...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...
0 red0 yellow4 green0 procedural
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2012 WL 3115140, 2012 Fla. App. LEXIS 12563
...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....
0 red0 yellow4 green0 procedural
Cited as authorityPalmero (2019)phrase: "rule_authority"
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2007 WL 1342543
...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)....
0 red0 yellow1 green0 procedural
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 1988 WL 44272
...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....
0 red0 yellow1 green0 procedural
Cited as authorityBancflorida (1995)phrase: "rule_authority"
CopyCited 5 times | Published | District Court, N.D. Florida | 1982 U.S. Dist. LEXIS 11743
...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...
0 red0 yellow1 green0 procedural
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 8 Fla. L. Weekly Fed. B 188, 1994 Bankr. LEXIS 1521, 1994 WL 526035
...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....
0 red0 yellow3 green0 procedural
Cited as authorityAcosta (1996)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 7711, 2010 WL 2218327
...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....
0 red0 yellow3 green0 procedural
Cited as authorityPalmero (2019)phrase: "rule_authority"
Cited as authorityDesak (2012)phrase: "rule_authority"
Cited as authorityFuller (2012)phrase: "rule_authority"
CopyCited 3 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 31, 2009 Bankr. LEXIS 2342, 52 Bankr. Ct. Dec. (CRR) 33
...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....
0 red0 yellow3 green0 procedural
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 1989 WL 146030
...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....
0 red1 yellow2 green0 procedural
Cited as authorityDori (2017)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10883
...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 ....
0 red0 yellow6 green0 procedural
CopyCited 4 times | Published | Supreme Court of Florida
...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....
0 red0 yellow1 green1 procedural
Cert. deniedMoats (1990)phrase: "cert. denied"
CopyCited 4 times | Published | Florida 2nd District Court of Appeal
...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...
0 red0 yellow1 green0 procedural
Cited as authorityNetherly (2001)phrase: "rule_authority"
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 1990 WL 7629
...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....
0 red0 yellow2 green0 procedural
CopyCited 3 times | Published | District Court, M.D. Florida | 109 A.F.T.R.2d (RIA) 1083, 2012 U.S. Dist. LEXIS 41361, 2012 WL 812350
...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 ....
0 red0 yellow2 green0 procedural
Cited as authorityLandry (2025)phrase: "rule_authority"
Cited as authorityWilson (2022)phrase: "rule_authority"
CopyCited 4 times | Published | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 933
...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....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1989 WL 150091
...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....
0 red0 yellow5 green0 procedural
Cited as authorityPetithomme (2017)phrase: "rule_authority"
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2000 Bankr. LEXIS 1775, 2000 WL 33255495
...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)....
0 red0 yellow1 green0 procedural
Cited as authorityIn Re Howard (2010)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1983 Fla. App. LEXIS 19291
...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)....
0 red0 yellow1 green0 procedural
CopyCited 2 times | Published | United States Bankruptcy Court, S.D. Florida. | 11 Fla. L. Weekly Fed. B 4, 1997 Bankr. LEXIS 763
...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....
0 red0 yellow1 green0 procedural
Cited as authorityBarnes (2011)phrase: "rule_authority"
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 166, 2008 Bankr. LEXIS 4158
...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...
0 red0 yellow3 green0 procedural
Cited as authorityMashburn (2022)phrase: "rule_authority"
Cited as authorityApostolakis (2021)phrase: "rule_authority"
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 14 Fla. L. Weekly Fed. B 117, 2000 Bankr. LEXIS 1488, 2000 WL 1827785
...§ 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....
CopyCited 3 times | Published | United States Bankruptcy Court, M.D. Florida | 1986 Bankr. LEXIS 6715
...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....
CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 2009 Bankr. LEXIS 3501
...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)....
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Cited as authorityKelley (2016)phrase: "rule_authority"
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 1992 WL 83881
...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....
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Cited as authorityPerson (2016)phrase: "rule_authority"
Cited as authorityMahler (2006)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 1st District Court of Appeal
....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....
CopyCited 2 times | Published | District Court, M.D. Florida
order on February 11, 1986, holding that under Section
695.01, Florida Statutes, Barnett's judgment lien
CopyCited 2 times | Published | United States Bankruptcy Court, N.D. Florida
lien creditor. Under Florida's recording statute, §
695.01, Florida Statutes, an unrecorded conveyance or
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2002 WL 1724043
conflicts with public policy as prescribed by section
695.01, Florida Statutes. Accordingly, McDonald, and
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CopyPublished | Court of Appeals for the Eleventh Circuit
mortgage[s] of real property.” See Fla.Stat. Ann. §
695.01(1) (West 1994). . But see Ameribanc Savings
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Cited as authorityBeauvais (2016)phrase: "rule_authority"
CopyPublished | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 18635
unless the same be recorded according to law.” §
695.01(1), Fla. Stat. (2011) (emphasis added). The right
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Cited as authorityWellin (2019)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 9864, 1993 WL 383510
unless the same be recorded according to law; .... §
695.01, Fla.Stat. (1991). The act of recording an instrument
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Cited as authorityDeluca (2012)phrase: "rule_authority"
CopyPublished | Florida 4th District Court of Appeal | 86 U.C.C. Rep. Serv. 2d (West) 565, 2015 Fla. App. LEXIS 6716, 2015 WL 2078683
iteration, codi *705 fied within section
695.01, Florida Statutes (2008), largely preserves
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CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida
unless the same be recorded according to law." §
695.01, Fla. Stat. (2005). As a matter of Florida law
CopyCited 1 times | District Court of Appeal of Florida
... provides that it “constitute[s] a lien against the land on which the violation exists. . . .” Section
695.01(3) provides that: 9 [a] lien by a governmental entity or quasi-governmental entity that attaches to real property for an ...
CopyCited 1 times | Published | United States Bankruptcy Court, N.D. Florida | 1981 Bankr. LEXIS 3232
lien creditor. Under Florida’s recording statute, §
695.01, Florida Statutes, an unrecorded conveyance or
CopyCited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 262, 44 Collier Bankr. Cas. 2d 728, 2000 Bankr. LEXIS 736, 2000 WL 943806
be recorded according to law . . . Fla. Stat. §
695.01(1). In order for a debtor in possession to claim
CopyPublished | Florida 3rd District Court of Appeal
property, Florida is a “notice” state. See §
695.01(1), Fla. Stat. (2013) (“No conveyance, transfer
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CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 1899, 17 Fla. L. Weekly Fed. D 639
With respect to conveyances by quitclaim deed, section
695.01(2) provides: Grantees by quitclaim, heretofore
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Cited as authorityRizoti (2003)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 5137
than such common source.” * * * * * * Under Section
695.01, Florida Statutes, F.S.A., Hadjes would have
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Cited as authorityPasekoff (1981)phrase: "rule_authority"
CopyPublished | Supreme Court of Florida | 1955 Fla. LEXIS 3508
notice by reason of said section 55.08 and section
695.01, F.S.1951, F.S.A. There is no merit to this
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Cited as authorityIn Re McCall (1987)phrase: "rule_authority"
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 637, 2010 Bankr. LEXIS 4902, 54 Bankr. Ct. Dec. (CRR) 44
chapter 695 of the Florida Statutes. Fla. Stat. Ann. §
695.01(1) (West 2010) ("No conveyance, transfer, or mortgage
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Cited as authorityCrews (2012)phrase: "rule_authority"
CopyPublished | United States Bankruptcy Court, M.D. Florida | 2009 Bankr. LEXIS 5494, 2009 WL 8390037
Florida's recordation statute, Florida Statute Section
695.01, is to place subsequent purchasers and creditors
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CopyPublished | District Court of Appeal of Florida | 1966 Fla. App. LEXIS 4809
property and, therefore, was not protected under Section
695.01 of the 1963 Florida Statutes [F.S.A.], and
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Cited as authorityHolland (1983)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 19249
entitled to the benefit of the recording statute, section
695.01(1), Florida Statutes. Notwithstanding this
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Cited as authorityLevitz (1990)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida
B. Attorney-in-Fact Section
695.01(1), Florida Statutes (2005), provides protection
CopyPublished | District Court of Appeal of Florida
(citation and internal quotation marks omitted); §
695.01(1), Fla. Stat. (2020). “The recording of the mortgage
CopyPublished | Florida 3rd District Court of Appeal
lien pursuant to Florida’s recording statute. See §
695.01(1), Fla. Stat. (2015). After the trial court entered
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 5047
for failure of Coleman to comply with Fla.Stat. §
695.01, F.S.A.; that the Sheriff’s action in putting
CopyPublished | District Court of Appeal of Florida | 11 Fla. L. Weekly 2153, 2 U.C.C. Rep. Serv. 2d (West) 1379, 1986 Fla. App. LEXIS 10080
compliance with the Florida recording statute, Section
695.01, does not give the mortgage priority over the
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 21402
relying *916upon the Marketable Title Act, Section 695.-01, Florida Statutes (1979), gave valuable consideration
CopyPublished | District Court of Appeal of Florida
and outstanding interest in the property. See §
695.01(1), Fla. Stat. (2008); Gabel v. Drewrys Ltd.
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 2205
argues that it is entitled to prevail under Section
695.01, Florida Statutes, as a matter of law. On the
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2438, 1984 Fla. App. LEXIS 16548
was ineffectual against appellee’s judgment. See §
695.01(1), Fla.Stat. (1983). See also Moyer v. Clark
CopyPublished | District Court of Appeal of Florida
the property senior to First Magnus’s interest. §
695.01(1), Fla. Stat. (2019); Argent Mortg. Co., LLC
CopyAgo (Fla. Att'y Gen. 1984).
Published | Florida Attorney General Reports
of Columbia, or a foreign country." (e.s.) Section
695.01, F.S., in pertinent part, provides: "No conveyance
CopyPublished | United States Bankruptcy Court, N.D. Florida | 6 Bankr. Ct. Dec. (CRR) 704, 1980 Bankr. LEXIS 5132
interests in motor vehicles) are analogous to Section
695.01, Fla.Stat., which is the recording statute
CopyPublished | United States Bankruptcy Court, N.D. Florida
unless the same be recorded according to law.” §
695.01, Fla. Stat. (2005). As a matter of Florida law
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1924
544 of the Bankruptcy Code and Florida Statute §
695.01(1). In Counts V, VI, and VII, the Trustee seeks
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
directly for utility services. In addition, section
695.01(1), Florida Statutes, provides: No conveyance
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1177
and is mindful of Florida’s recording statutes, §
695.01, et seq., (1987), that is, that the first in time
CopyPublished | Florida 2nd District Court of Appeal
7 with section
695.01, Florida Statutes (2022), just like the Clerk
CopyPublished | District Court of Appeal of Florida
(Fla. 4th DCA 2020) (citation omitted); see also §
695.01(1), Fla. Stat. (2015). As such, there are three
CopyPublished | District Court of Appeal of Florida
same be recorded according to law. §
695.01(1), Fla. Stat. (2011). This statute only applies
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
CopyPublished | United States Bankruptcy Court, M.D. Florida
of Baker County in conformity with Fla. Stat. §
695.01, et seq. Plaintiffs nevertheless argue that they
CopyPublished | District Court of Appeal of Florida
(Fla. 3d DCA 2016) (citations omitted); see also §
695.01(1), Fla. Stat. (1998). To determine whether the
CopyPublished | Florida 2nd District Court of Appeal
context of the rule established in section
695.01(1), Florida Statutes (2004), which provides
CopyPublished | District Court of Appeal of Florida
securing it by 2006. Schlossberg also relies on section
695.01, Florida Statutes, which protects subsequent
CopyPublished | District Court of Appeal of Florida
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1988 Bankr. LEXIS 1389
provision dealing with priorities of mortgages is Fla.Stat.
695.01(1) (1987), which provides as follows: 1. No
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1396
provision dealing with priorities of mortgages is Fla. Stat.
695.01(1) (1987) which provides as follows: No conveyance
CopyPublished | United States Bankruptcy Court, M.D. Florida | 1989 Bankr. LEXIS 1401
sequences of rec-ordation, Florida Statute Section
695.01(1) (1987), which provides as follows: (1) No
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1983 Bankr. LEXIS 6445
are reflected in the public records. Fla.Stat. §
695.01 (1981). The Court further finds that as to the
CopyPublished | District Court of Appeal of Florida
3d 398, 401 (Fla. 1st DCA 2012) (holding: “Section
695.01 is a ‘notice’ recording statute, the primary