Florida Statute 695.11 | 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. 695.11

695.11 Instruments deemed to be recorded from time of filing.—All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222, and which are filed for recording on or after the effective date of this act, shall be deemed to have been officially accepted by the said officer, and officially recorded, at the time she or he affixed thereon the consecutive official register numbers required under s. 28.222, and at such time shall be notice to all persons. The sequence of such official numbers shall determine the priority of recordation. An instrument bearing the lower number in the then-current series of numbers shall have priority over any instrument bearing a higher number in the same series.

History.—s. 1, ch. 3592, 1885; RS 1977; GS 2488; RGS 3830; CGL 5708; s. 1, ch. 17217, 1935; s. 1, ch. 67-442; s. 766, ch. 97-102.

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Amendments to 695.11

Arrestable Offenses / Crimes under Fla. Stat. 695.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 695.11.

Annotations, Discussions, Cases:

Cases Citing Statute 695.11

Total Results: 20

Rapid Surplus Refund LLC v. Weeeee LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-02T00:00:00-07:00

Snippet: bearing a higher number in the same series.” § 695.11, Fla. Stat. (2023). Ryan & Rick’s mortgage

Shane R. Hayslip v. U. S. Home Corporation

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

Snippet: 480, 482 (Fla. 4th DCA 1999), and under section 695.11, Florida Statutes (2016), if an instrument is

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-08-04T00:53:00-07:00

Snippet: in compliance with the requirements of section 695.11, Florida Statutes (2012), and (2) the warning in…to all persons” at that time pursuant to section 695.11, Florida Statutes. The court further concluded …Mortgage was Recorded in Compliance with Section 695.11, Florida Statutes, and the 2005 Mortgage Placed…at such time shall be notice to all persons.” § 695.11, Fla. Stat. (2012) (emphasis added). Assignments…1st DCA 2012). Priority is determined by section 695.11 and is not contingent upon indexing. Id. “[W]hen

LAUREL KELLY, as Martin County Property Appraiser and RUTH PIETRUSZEWSKI, as Martin County Tax Collector v. GREEN TREE SERVICING, LLC.

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-29T00:53:00-07:00

Snippet: takes priority over a later recorded instrument. § 695.11, Fla. Stat. (2018). “The Legislature has, however

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

Court: Fla. Dist. Ct. App. | Date Filed: 2020-07-15T00:53:00-07:00

Snippet: search. The Homeowners disagree. Citing section 695.11, Florida Statutes (2015), the Homeowners insist…on the sequence of the recorded documents. See § 695.11, Fla. Stat. (“The sequence of such official numbers…rejected. In that case, the lender argued that section 695.11 rendered Florida a race-notice statute. Id. The…District disagreed, finding: “The amendment to section 695.11 is designed to refine the test for determining

Federal National Mortgage Assoc. v. Jkm Services

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:53:00-07:00

Snippet: records, and register of recorded instruments), 695.11 (sequence per official records book and page to

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-10-03T00:00:00-07:00

Citation: 256 So. 3d 961

Snippet: records, and register of recorded instruments), 695.11 (sequence per official records book and page to

Tikhomirov v. Bank of New York Mellon

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-05T00:00:00-07:00

Citation: 223 So. 3d 1112, 2017 Fla. App. LEXIS 9602

Snippet: original) (emphasis omitted); see also Fla. Stat. § 695.11. 3 . Of significance to this appeal

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

Court: Fla. Dist. Ct. App. | Date Filed: 2017-06-16T00:00:00-07:00

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

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

Barton v. Metrojax Property Holdings, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-16T00:00:00-08:00

Citation: 207 So. 3d 304

Snippet: addition of the following language in 1967 to section 695.11, titled “Instruments deemed to be recorded from

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-15T00:00:00-07:00

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

Snippet: names of the parties to the instrument.” Section 695.11, Florida Statutes (2004), provides that “[t]he

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

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-08T23:53:00-08:00

Snippet: to the instrument." Section 695.11, Florida Statutes (2004), provides

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-27T00:53:00-07:00

Snippet: (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded

Darcy L. Saulnier and Michael F. Saulnier v. Bank of America, N.A., Mortgage Electronic Registration Systems, Inc., Space Coast Credit Union and City of Tamarac

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:53:00-07:00

Snippet: (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded

Saulnier v. Bank of America, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-03-25T00:00:00-07:00

Citation: 187 So. 3d 854, 2015 Fla. App. LEXIS 4274, 2015 WL 1334317

Snippet: (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded… (Fla. 4th DCA 1990) (“Florida Statutes Section 695.11 provides that an instrument is deemed to be recorded

U.S. Bank National Association etc. v. Nicholas F. Farhood a/k/a Nicholas F. Farhood

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-15T00:00:00-08:00

Citation: 153 So. 3d 955

Snippet: mortgages on real property must be recorded); and 695.11 (sequence of official register num *959 … by the parties and the application of sections 695.11 and 718.116(5), Florida Statutes to that evi

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. | Date Filed: 2013-05-16T00:00:00-07:00

Citation: 114 So. 3d 924, 38 Fla. L. Weekly Supp. 322, 2013 WL 2096257, 2013 Fla. LEXIS 1000

Snippet: Because the language contained in sections 162.09, 695.11, and related provisions does not expressly conflict… likewise find that there is nothing in section 695.11 that expressly preempts the City of Palm Bay’s … 52 So.3d 796, 800 (Fla. 5th DCA 2010), section 695.11 is a “mechanism for determining the time at which…Because there is no express limitation by section 695.11, The City of Palm Bay had authority under section

Desak v. Vanlandingham

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-05T00:00:00-07:00

Citation: 98 So. 3d 710, 2012 WL 4746471, 2012 Fla. App. LEXIS 16833

Snippet: 2007) (“We read the ‘notice’ provision of section 695.11 as a general description of the legal effect of…register numbers] shall be notice to all persons.” § 695.11, Fla. Stat. (2002). Once a deed is recorded, “there

Mayfield v. First City Bank of Florida

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-02T00:00:00-07:00

Citation: 95 So. 3d 398, 2012 WL 3115140, 2012 Fla. App. LEXIS 12563

Snippet: determined by section 695.11. Id. This Court affirmed, finding that, under section 695.11, an instrument was…, they were recorded in accordance with section 695.11, Florida Statutes (2011). The trial court further…(Fla.1933).2 *402The current version of section 695.11, provides: All instruments which are authorized…upon indexing and the plain language of section 695.11 provided the sequence of official numbers determined…Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous. See also Fed

City of Palm Bay v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-21T00:00:00-08:00

Citation: 57 So. 3d 226, 2011 Fla. App. LEXIS 241, 2011 WL 180363

Snippet: ordinance conflicts with a state statute: section 695.11, Florida Statutes. In 1997, Palm Bay enacted ordinance…VIII § 2(b), Fla. Const. In relevant part, section 695.11, Florida Statutes, provides that any instruments… effective is by violating the terms of section 695.11. Consequently, ordinance 97-07 must yield to the