Florida Statute 697.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 697
INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE

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F.S. 697.01

697.01 Instruments deemed mortgages.—

(1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages.

(2) Provided, however, that no such conveyance shall be deemed or held to be a mortgage, as against a bona fide purchaser or mortgagee, for value without notice, holding under the grantee.

History.—s. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch. 20954, 1941.

F.S. 697.01 on Google Scholar

F.S. 697.01 on Casetext

Amendments to 697.01

Arrestable Offenses / Crimes under Fla. Stat. 697.01

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 697.01.

Annotations, Discussions, Cases:

Cases Citing Statute 697.01

Total Results: 20

C.W.R.K. v. Stewart-Marchman-Act-Behavioral Healthcare (SMA), Deland Men's Residential Treatment Center (DMRT)

Court: District Court of Appeal of Florida | Date Filed: 2024-06-12

Snippet: involuntary treatment entered pursuant to section 397.697(1), Florida Statutes (2023). Because the trial court

Edward Allen Covington v. State of Florida & Edward Allen Covington v. Ricky D. Dixon, etc.

Court: Supreme Court of Florida | Date Filed: 2022-08-25

Snippet: showing on one.” Strickland, 466 U.S. at 697. 1. Insanity as Mitigation Covington

J.P. v. J.N.

Court: District Court of Appeal of Florida | Date Filed: 2017-09-01

Citation: 225 So. 3d 410, 2017 WL 3785764, 2017 Fla. App. LEXIS 12571

Snippet: abuse treatment entered pursuant to section 397.697(1), Florida Statutes (2016). He argues that the petition

J.P. v. J.N.

Court: District Court of Appeal of Florida | Date Filed: 2017-08-28

Snippet: abuse treatment entered pursuant to section 397.697(1), Florida Statutes (2016). He argues that the petition

Outreach Housing, LLC v. Office of the Attorney General, Department of Legal Affairs

Court: District Court of Appeal of Florida | Date Filed: 2017-07-12

Citation: 221 So. 3d 691, 2017 WL 2983990, 2017 Fla. App. LEXIS 10052

Snippet: Laboratories, Inc., 99 F.Supp.2d *697 1 (D.D.C. 1999), the Federal Trade Commission and

City of Fort Lauderdale v. Israel

Court: District Court of Appeal of Florida | Date Filed: 2016-10-14

Citation: 178 So. 3d 444, 2015 WL 5948627

Snippet: based on Pan-Am. Champagne-Webber, 519 So.2d at 697.1 Here, with no written contract to defeat the City’s

Florida Bankers Ass'n v. Florida Development Finance Corp.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Citation: 176 So. 3d 1258, 2015 WL 5996764

Snippet: foreclose and refore-close its liens. Fla. Stat. § 697.01 (1993). Therefore, a mortgage is a cause of action

& SC14-1618 Florida Bankers Association v. Florida Development Finance Corporation, etc. & Robert Reynolds v. Florida Development Finance Corporation, etc.

Court: Supreme Court of Florida | Date Filed: 2015-10-15

Snippet: foreclose and reforeclose its liens. Fla. Stat. § 697.01 (1993). Therefore, a mortgage is a cause

The City of Fort Lauderdale v. Scott Israel, in his Official Capacity as Sheriff of Broward County

Court: District Court of Appeal of Florida | Date Filed: 2015-10-14

Snippet: based on Pan-Am. Champagne-Webber, 519 So. 2d at 697.1 Here, with no written contract to defeat the City’s

State Investment Holding, Inc. v. Merrick Partnership, LLC

Court: District Court of Appeal of Florida | Date Filed: 2012-12-12

Citation: 103 So. 3d 232, 2012 Fla. App. LEXIS 21301, 2012 WL 6177116

Snippet: entitled to the benefits and protections of section 697.01, Florida Statutes (2011), which provides as follows:

Rodriguez v. GARCO, INC.

Court: District Court of Appeal of Florida | Date Filed: 2011-10-21

Citation: 74 So. 3d 1104, 2011 Fla. App. LEXIS 16725, 2011 WL 5008550

Snippet: to the equity purchaser is a mortgage under s. 697.01." Section 501.1377 contains numerous compliance

Brace v. Comfort

Court: District Court of Appeal of Florida | Date Filed: 2008-12-03

Citation: 2 So. 3d 1007, 2008 Fla. App. LEXIS 18073, 2008 WL 5070150

Snippet: subject property pursuant to Fla. Stat. § 697.01." Section 697.01, Florida Statutes (2006), provides that

Bernstein v. New Beginnings Trustee, LLC

Court: District Court of Appeal of Florida | Date Filed: 2008-07-16

Citation: 988 So. 2d 90, 2008 Fla. App. LEXIS 10879

Snippet: know what they were signing. Pursuant to section 697.01(1), Florida Statutes, written instruments conveying

Minalla v. Equinamics Corp.

Court: District Court of Appeal of Florida | Date Filed: 2007-03-21

Citation: 954 So. 2d 645, 2007 Fla. App. LEXIS 4174, 2007 WL 837170

Snippet: transaction or any other business transaction, see § 697.01(1), Fla. Stat. (2005)("[a]ll conveyances, obligations

Free v. Free

Court: District Court of Appeal of Florida | Date Filed: 2006-08-04

Citation: 936 So. 2d 699, 2006 WL 2190777

Snippet: defaults and the buyer's right of redemption. § 697.01, Fla. Stat. (2005); Vandenberg v. Wells, 721 So

Webb v. Kirkland

Court: District Court of Appeal of Florida | Date Filed: 2005-03-16

Citation: 899 So. 2d 344, 2005 WL 597112

Snippet: is because an agreement for deed, "under section 697.01, Florida Statutes, is a mortgage and carries all

Oregrund Ltd. Partnership v. Sheive

Court: District Court of Appeal of Florida | Date Filed: 2004-05-07

Citation: 873 So. 2d 451, 2004 Fla. App. LEXIS 6429, 2004 WL 1057687

Snippet: declaration of the deed to be a mortgage, section 697.01, Blanco v. Novoa, 854 So.2d 672 (Fla. 3d DCA 2003)

Blanco v. Novoa

Court: District Court of Appeal of Florida | Date Filed: 2003-06-25

Citation: 854 So. 2d 672, 2003 WL 21459658

Snippet: is properly adjudicated in court. Under section 697.01, Florida Statutes (2003), "[a]ll conveyances, obligations

Rothschild Reserve Intern., Inc. v. Silver

Court: District Court of Appeal of Florida | Date Filed: 2002-11-13

Citation: 830 So. 2d 224, 2002 WL 31507754

Snippet: West Palm Beach, for appellee. KLEIN, J. Section 697.01(1), Florida Statutes (2000) provides that all instruments

City of Panama City v. Head ex rel. Head

Court: District Court of Appeal of Florida | Date Filed: 2001-10-26

Citation: 797 So. 2d 1265, 2001 Fla. App. LEXIS 15149, 2001 WL 1297686

Snippet: foreclose and reforeclose its hens. Fla. Stat. § 697.01 (1993). Therefore, a mortgage is a cause of action