Florida Statute 695.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 695
RECORD OF CONVEYANCES OF REAL ESTATE

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F.S. 695.01

695.01 Conveyances and liens 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 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; nor shall any such instrument made or executed by virtue of any power of attorney 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.

(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.

(3) A lien by a governmental entity or quasi-governmental entity that attaches to real property for an improvement, service, fine, or penalty, other than a lien for taxes, non-ad valorem or special assessments, or utilities, is valid and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration only if the lien is recorded in the official records of the county in which the property is located. The recorded notice of lien must contain the name of the owner of record, a description or address of the property, and the tax or parcel identification number applicable to the property as of the date of recording.

History.—ss. 4, 9, Nov. 15, 1828; RS 1972; GS 2480; RGS 3822; CGL 5698; s. 10, ch. 20954, 1941; s. 8, ch. 85-63; s. 2, ch. 2013-241.

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Amendments to 695.01

Arrestable Offenses / Crimes under Fla. Stat. 695.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 695.01.

Annotations, Discussions, Cases:

Cases Citing Statute 695.01

Total Results: 20

INLET COLONY, LLC v. WIGHT MARTINDALE, III

Court: District Court of Appeal of Florida | Date Filed: 2022-06-01

Snippet: proceeding, notwithstanding the provisions of s. 695.01, as if such person had no actual or constructive

MORTGAGE ASSETS MANAGEMENT, LLC, etc. v. ROBIN KAPLAN

Court: District Court of Appeal of Florida | Date Filed: 2021-09-01

Snippet: (citation and internal quotation marks omitted); § 695.01(1), Fla. Stat. (2020). “The recording of the mortgage

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

Court: District Court of Appeal of Florida | Date Filed: 2021-08-04

Snippet: Baigorria, 300 So. 3d 198, 200 (Fla. 4th DCA 2020); § 695.01(1), Fla. Stat. (2012). Notice may take three forms:

WELLS FARGO BANK, N.A. v. CHI PENG TAN

Court: District Court of Appeal of Florida | Date Filed: 2021-05-05

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

JACK N. SCHLOSSBERG v. ESTATE OF SADIE KAPOROVSKY

Court: District Court of Appeal of Florida | Date Filed: 2020-08-05

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

B.A. MORTGAGE, LLC v. EDUARDO C. BAIGORRIA and SILVANA M. ELEJALDE

Court: District Court of Appeal of Florida | Date Filed: 2020-07-15

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

JACK TOWNSEND III, TRUSTEE v. C.T. BOX, TRUSTEE

Court: District Court of Appeal of Florida | Date Filed: 2020-02-12

Snippet: (Fla. 3d DCA 2016) (citations omitted); see also § 695.01(1), Fla. Stat. (1998). To determine whether the

DAVID L. HARKLESS v. DAVID A. LAUBHAN

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Snippet: be recorded according to law. § 695.01(1), Fla. Stat. (2011). This statute only applies

Onewest Bank v. Palmero

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Snippet: 398, 401 (Fla. 1st DCA 2012) (holding: “Section 695.01 is a ‘notice’ recording statute, the primary purpose

T. L. v. F. M.

Court: District Court of Appeal of Florida | Date Filed: 2019-03-13

Snippet: respondent's substance abuse impairment," § 397.695(1), can instigate the court's issuance of an

Fed. Nat'l Mortg. Ass'n v. JKM Servs., LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Citation: 256 So. 3d 961

Snippet: records book and page to determine priority), and 695.01 (conveyances, transfers, or mortgages of real property

Federal National Mortgage Assoc. v. Jkm Services

Court: District Court of Appeal of Florida | Date Filed: 2018-10-03

Snippet: records book and page to determine priority), and 695.01 (conveyances, transfers, or mortgages of real property

Miami-Dade County v. Lansdowne Mortgage, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-10-18

Citation: 235 So. 3d 960

Snippet: pursuant to Florida’s recording statute. See § 695.01(1), Fla. Stat. (2015). After the trial court entered

Black Point Assets, Inc. v. Federal National Mortgage Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2017-06-16

Citation: 220 So. 3d 566, 2017 WL 2605136, 2017 Fla. App. LEXIS 8844

Snippet: interest. See § 90.955, Fla. Stat. (2014); see also §§ 695.01, 695.11, Fla. Stat. (2014) (explaining that priority

Friedman v. Mercantil Commercebank, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-02-15

Citation: 211 So. 3d 310, 2017 WL 621228, 2017 Fla. App. LEXIS 2032

Snippet: was required that this order be recorded. See § 695.01(1), Fla. Stat. (2012). 2 . In this

Harkless v. Laubhan

Court: District Court of Appeal of Florida | Date Filed: 2016-12-21

Citation: 219 So. 3d 900, 2016 Fla. App. LEXIS 18635

Snippet: unless the same be recorded according to law.” § 695.01(1), Fla. Stat. (2011) (emphasis added). The right

Barton v. Metrojax Property Holdings, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-11-16

Citation: 207 So. 3d 304

Snippet: Florida is a “notice” state. See § 695.01(1), Fla. Stat. (2013) (“No conveyance, transfer

White v. Greymar Associates, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

Citation: 208 So. 3d 220, 2016 Fla. App. LEXIS 16674

Snippet: and outstanding interest in the property. See § 695.01(1), Fla. Stat. (2008); Gabel v. Drewrys Ltd., U

White v. Greymar Associates, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

Snippet: and outstanding interest in the property. See § 695.01(1), Fla. Stat. (2008); Gabel v. Drewrys Ltd.,

Bank of America, N.A. v. Kipps Colony II Condominium Association, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-07-15

Citation: 201 So. 3d 670, 2016 Fla. App. LEXIS 10883

Snippet: the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as