Florida Statute 697.1 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 697.01

Annotations, Discussions, Cases:

Cases Citing Statute 697.01

Total Results: 68

In Re Aloma Square, Inc.

85 B.R. 623, 1988 Bankr. LEXIS 584, 1988 WL 41291

United States Bankruptcy Court, M.D. Florida | Filed: Apr 20, 1988 | Docket: 1509069

Cited 32 times | Published

payment of money, it falls within the ambit of § 697.01, Florida Statutes, and is subject to the same

Armbrister v. Roland International Corp.

667 F. Supp. 802, 1987 U.S. Dist. LEXIS 7642

District Court, M.D. Florida | Filed: Aug 14, 1987 | Docket: 2028919

Cited 26 times | Published

contracts such as these are treated as mortgages. § 697.01 Fla.Stat. (1985). See Jasper v. Orange Lake Homes

H & L LAND COMPANY v. Warner

258 So. 2d 293

District Court of Appeal of Florida | Filed: Feb 11, 1972 | Docket: 1236686

Cited 22 times | Published

essence a mortgage, and pursuant to Fla. Stat. § 697.01, F.S.A., the safeguards for the debtor and the

Tanner v. FirstPlus Financial Inc. (In Re Tanner)

223 B.R. 379, 1998 Bankr. LEXIS 1018, 33 Bankr. Ct. Dec. (CRR) 57

United States Bankruptcy Court, M.D. Florida | Filed: Jul 7, 1998 | Docket: 1088187

Cited 16 times | Published

of value to support that lien.") [4] FLA.STAT. § 697.01(1) provides: "[a]ll conveyances, obligations

Mid-State Investment Corporation v. O'Steen

133 So. 2d 455

District Court of Appeal of Florida | Filed: Sep 21, 1961 | Docket: 1599296

Cited 16 times | Published

appeal falls within the ken of the provisions of Section 697.01, Florida Statutes, F.S.A., which reads in pertinent

First Mortgage Corporation of Stuart v. Degive

177 So. 2d 741

District Court of Appeal of Florida | Filed: Aug 6, 1965 | Docket: 1424447

Cited 15 times | Published

these instruments fall within the provisions of § 697.01, Fla. Stat., F.S.A., which provides that all conveyances

Cain & Bultman, Inc. v. Miss Sam, Inc.

409 So. 2d 114

District Court of Appeal of Florida | Filed: Jan 27, 1982 | Docket: 526555

Cited 14 times | Published

constituted a mortgage within the meaning of section 697.01, Florida Statutes, and that the defendant had

Hoffman v. Semet

316 So. 2d 649

District Court of Appeal of Florida | Filed: Jul 18, 1975 | Docket: 88249

Cited 14 times | Published

258 So.2d 293 (2nd DCA Fla. 1972); Fla. Stat. § 697.01 (1973). Thus, a vendee under an agreement for

Grant v. Podes (In Re O'Connell)

119 B.R. 311, 1990 Bankr. LEXIS 2021, 20 Bankr. Ct. Dec. (CRR) 1702, 1990 WL 138990

United States Bankruptcy Court, M.D. Florida | Filed: Sep 19, 1990 | Docket: 1070713

Cited 13 times | Published

deliver a mortgage to the transferee. See Fla.Stat. § 697.01 (1989). The defendants' security interest in the

Hialeah, Inc. v. Dade County

490 So. 2d 998, 11 Fla. L. Weekly 1363

District Court of Appeal of Florida | Filed: Jun 17, 1986 | Docket: 1488871

Cited 11 times | Published

basis for these findings is as follows. Under section 697.01, Florida Statutes (1985), an instrument must

White v. Brousseau

566 So. 2d 832, 1990 WL 120771

District Court of Appeal of Florida | Filed: Aug 23, 1990 | Docket: 2516548

Cited 10 times | Published

These equitable principles are codified in section 697.01(1), Florida Statutes, which provides as follows:

Ferraro v. Parker

229 So. 2d 621

District Court of Appeal of Florida | Filed: Dec 17, 1969 | Docket: 430159

Cited 10 times | Published

truth, a "lien" within the contemplation of F.S. § 697.01, F.S.A.; and he is entitled to a declaration thereof

McLendon v. Davis

131 So. 2d 765

District Court of Appeal of Florida | Filed: Jun 19, 1961 | Docket: 1503499

Cited 10 times | Published

Mortgages, § 94, n. 13. Further, by the provision of § 697.01, Fla. Stat., F.S.A., all instruments conveying

Free v. Free

936 So. 2d 699, 2006 WL 2190777

District Court of Appeal of Florida | Filed: Aug 4, 2006 | Docket: 1651036

Cited 9 times | Published

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

Valk v. JEM DISTRIBUTORS OF TAMPA BAY

700 So. 2d 416, 1997 WL 593932

District Court of Appeal of Florida | Filed: Sep 26, 1997 | Docket: 1373270

Cited 9 times | Published

paragraph 16 of the order, the court quoted section 697.01, Florida Statutes (1995), to the effect that

Adkinson v. Nyberg

344 So. 2d 614

District Court of Appeal of Florida | Filed: Apr 6, 1977 | Docket: 474673

Cited 9 times | Published

rules applicable to mortgage foreclosures. Section 697.01, Florida Statutes; Mid-State Investment Corporation

Barr v. Schlarb

314 So. 2d 609

District Court of Appeal of Florida | Filed: Jun 23, 1975 | Docket: 1420547

Cited 8 times | Published

appearing to be otherwise *611 on its face. In F.S. 697.01, the legislature has provided: "All conveyances

Kinney v. Mosher

100 So. 2d 644

District Court of Appeal of Florida | Filed: Feb 27, 1958 | Docket: 1226790

Cited 8 times | Published

v. Fenton, Fla.App., 100 So.2d 659. [2] F.S. § 697.01, F.S.A. See: Marcus v. Hull, 142 Fla. 306, 195

Muina v. Canning

717 So. 2d 550, 1998 WL 275933

District Court of Appeal of Florida | Filed: Jun 1, 1998 | Docket: 1277435

Cited 7 times | Published

the rules of foreclosure. Id. at 1082. See also § 697.01, Florida Statutes (1995). The clause providing

Thomas v. Thomas

96 So. 2d 771

Supreme Court of Florida | Filed: Jun 12, 1957 | Docket: 1284125

Cited 7 times | Published

property to L.C., in view of the provision of Section 697.01, Fla. Stat. 1955, F.S.A., that "All conveyances

Oregrund Ltd. Partnership v. Sheive

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

District Court of Appeal of Florida | Filed: May 7, 2004 | Docket: 1451868

Cited 6 times | Published

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

Weitzner v. Goldman (In Re Kavolchyck)

154 B.R. 793, 1993 Bankr. LEXIS 733

United States Bankruptcy Court, S.D. Florida. | Filed: May 11, 1993 | Docket: 1440838

Cited 6 times | Published

leasehold mortgages from its coverage. See Fla.Stat. § 697.01 (defining mortgages). Documents such as those

Cook v. Merrifield

335 So. 2d 297

District Court of Appeal of Florida | Filed: Jun 25, 1976 | Docket: 1306433

Cited 6 times | Published

deemed to be a mortgage under the provisions of Section 697.01, Florida Statutes, and therefore is "... subject

Blackwelder v. D'Ercole Enterprises, Inc.

148 So. 2d 721

District Court of Appeal of Florida | Filed: Jan 22, 1963 | Docket: 1451533

Cited 6 times | Published

extent of the indebtedness secured thereby. Section 697.01, Fla. Stat., F.S.A. Equitable Building & Loan

Webb v. Kirkland

899 So. 2d 344, 2005 WL 597112

District Court of Appeal of Florida | Filed: Mar 16, 2005 | Docket: 1353473

Cited 5 times | Published

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

Purcell v. Williams

511 So. 2d 1080, 12 Fla. L. Weekly 2073

District Court of Appeal of Florida | Filed: Aug 26, 1987 | Docket: 1700743

Cited 4 times | Published

Estate Practice III, § 9.12 (2d ed. 1983). Section 697.01(1), Florida Statutes (1985), provides: All

Turner v. Wheeler

498 So. 2d 1039, 11 Fla. L. Weekly 2629

District Court of Appeal of Florida | Filed: Dec 16, 1986 | Docket: 1699919

Cited 4 times | Published

of money shall be deemed and held mortgages, Section 697.01(1), Florida Statutes, the essential point being

MacGregor v. MacGregor

323 So. 2d 35

District Court of Appeal of Florida | Filed: Nov 7, 1975 | Docket: 1257980

Cited 4 times | Published

a security interest in the property. See F.S., § 697.01. The case is remanded for the sole purpose of

Boyette v. Reliable Finance Company

184 So. 2d 200

District Court of Appeal of Florida | Filed: Mar 2, 1966 | Docket: 1416813

Cited 4 times | Published

judgment. This Court pointed out in its opinion that § 697.01, Fla.Stats., F.S.A., provides that all mortgages

Blanco v. Novoa

854 So. 2d 672, 2003 WL 21459658

District Court of Appeal of Florida | Filed: Jun 25, 2003 | Docket: 1459722

Cited 3 times | Published

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

Bowman v. Saltsman

736 So. 2d 144, 1999 WL 445709

District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 2516550

Cited 3 times | Published

consideration, agreement for deed and, under section 697.01, Florida Statutes, is a mortgage and carries

Kubany v. Woods

622 So. 2d 22, 1993 WL 242713

District Court of Appeal of Florida | Filed: Jul 2, 1993 | Docket: 2525414

Cited 3 times | Published

and is subject to the same rules of foreclosure. § 697.01(1), Fla. Stat. (1991); Adkinson at 615. We agree

Department of Revenue v. Sun Bank

556 So. 2d 1154, 1990 Fla. App. LEXIS 200, 1990 WL 2406

District Court of Appeal of Florida | Filed: Jan 18, 1990 | Docket: 542886

Cited 3 times | Published

Florida Administrative Code Rule 12B-4.052(7) and section 697.01(1), Florida Statutes, and therefore is subject

Williams v. Roundtree

478 So. 2d 1171, 10 Fla. L. Weekly 2648

District Court of Appeal of Florida | Filed: Nov 27, 1985 | Docket: 1484768

Cited 3 times | Published

v. Morris, 131 Fla. 46, 178 So. 564 (1938). Section 697.01(1), Florida Statutes, allows a court to interpret

Beausejour Corp. v. Offshore Development Corp. (In Re Offshore Development Corp.)

37 B.R. 96, 1984 Bankr. LEXIS 6380

United States Bankruptcy Court, M.D. Florida | Filed: Jan 23, 1984 | Docket: 1114116

Cited 3 times | Published

circumstances is Fla.Stat. § 697.01 (1981) which states as follows: § 697.01 (1) All conveyances, obligations

Cinque v. Buschlen

442 So. 2d 1034

District Court of Appeal of Florida | Filed: Dec 13, 1983 | Docket: 468963

Cited 3 times | Published

This contention, however, is without merit. Section 697.01, Florida Statutes (1979), provides in pertinent

Torcise v. Perez

319 So. 2d 41

District Court of Appeal of Florida | Filed: Sep 2, 1975 | Docket: 1508362

Cited 3 times | Published

installment payments required under said contracts. Section 697.01(1), Fla. Stat., F.S.A., provides as follows:

Brace v. Comfort

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

District Court of Appeal of Florida | Filed: Dec 3, 2008 | Docket: 1644212

Cited 2 times | Published

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

Hill v. Brooks (In Re Brooks)

389 B.R. 790, 21 Fla. L. Weekly Fed. B 388, 2008 Bankr. LEXIS 1897, 2008 WL 2566391

United States Bankruptcy Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 1482644

Cited 2 times | Published

Debtor also filed a Memorandum on Application of Section 697.01(1) of the Florida Statutes. On May 7, 2007

Minalla v. Equinamics Corp.

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

District Court of Appeal of Florida | Filed: Mar 21, 2007 | Docket: 1165305

Cited 2 times | Published

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

Rothschild Reserve Intern., Inc. v. Silver

830 So. 2d 224, 2002 WL 31507754

District Court of Appeal of Florida | Filed: Nov 13, 2002 | Docket: 471435

Cited 2 times | Published

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

Zipperer v. City of Fort Myers

41 F.3d 619, 1995 WL 303

Court of Appeals for the Eleventh Circuit | Filed: Jan 3, 1995 | Docket: 64019211

Cited 2 times | Published

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

Barnett Bank v. State Dept. of Revenue

571 So. 2d 527, 1990 WL 198315

District Court of Appeal of Florida | Filed: Dec 11, 1990 | Docket: 1653319

Cited 2 times | Published

amended Section 201.08(1) to include mortgages, Section 697.01(1), Florida Statutes (1977), was in existence

Ricard v. EQUITABLE LIFE ASSUR. SOC.

462 So. 2d 592, 10 Fla. L. Weekly 241

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 2144933

Cited 2 times | Published

of those instruments deemed a mortgage under section 697.01, Florida Statutes (1983), subject to the same

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

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

District Court of Appeal of Florida | Filed: Dec 12, 2012 | Docket: 60227014

Cited 1 times | Published

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

Costello v. F & M Enterprises, Inc. (In Re F & M Enterprises, Inc.)

34 B.R. 211, 1983 Bankr. LEXIS 5263

United States Bankruptcy Court, M.D. Florida | Filed: Oct 11, 1983 | Docket: 1474587

Cited 1 times | Published

on the real estate pursuant to Florida Statute § 697.01 in order to reflect what she contends was the

Bemort, Inc. v. Deerfield Beach Bank

134 So. 2d 28

District Court of Appeal of Florida | Filed: Oct 20, 1961 | Docket: 60198860

Cited 1 times | Published

then taken as a mortgage, it must come within Section 697.01 of the Florida Statutes, F.S.A., which provides:

Bennett v. Orange State Oil Company

31 So. 2d 921, 159 Fla. 440, 1947 Fla. LEXIS 800

Supreme Court of Florida | Filed: Aug 1, 1947 | Docket: 3271403

Cited 1 times | Published

State Oil Company comes within the purview of Section 697.01 Fla. Statutes 1941 (same F.S.A.) and was made

Green v. Specialized Loan Servicing LLC

280 F. Supp. 3d 1349

District Court, M.D. Florida | Filed: Nov 30, 2017 | Docket: 64316164

Published

payment obligation.” See Id., see also Fla. Stat. § 697.01(1) (identifying documents deemed to be mortgages

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

176 So. 3d 1258, 2015 WL 5996764

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 60250884

Published

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.

Supreme Court of Florida | Filed: Oct 15, 2015 | Docket: 2924132

Published

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

Bernstein v. New Beginnings Trustee, LLC

988 So. 2d 90, 2008 Fla. App. LEXIS 10879, 33 Fla. L. Weekly Fed. D 1777

District Court of Appeal of Florida | Filed: Jul 16, 2008 | Docket: 1722262

Published

not know what they were signing. Pursuant to section 697.01(1), Florida Statutes, written instruments conveying

City of Panama City v. Head ex rel. Head

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

District Court of Appeal of Florida | Filed: Oct 26, 2001 | Docket: 64809662

Published

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

Vandenberg v. Wells

721 So. 2d 453, 1998 Fla. App. LEXIS 15629, 1998 WL 852297

District Court of Appeal of Florida | Filed: Dec 11, 1998 | Docket: 64784560

Published

mortgage but an agreement for deed is incorrect. Section 697.01, Florida Statutes, provides: 697.01 Instruments

Kirkland v. Miller

702 So. 2d 620, 23 Fla. L. Weekly Fed. D 13

District Court of Appeal of Florida | Filed: Dec 17, 1997 | Docket: 460272

Published

to avoid foreclosure, your clients? A. Yes. Section 697.01, Florida Statutes (1985), provides: 697.01

Denton v. Getson

637 So. 2d 82, 1994 Fla. App. LEXIS 4948, 1994 WL 203031

District Court of Appeal of Florida | Filed: May 25, 1994 | Docket: 64748412

Published

language on the note is sufficient to satisfy section 697.01, Florida Statutes (1993), or whether some other

Luneke v. Becker

621 So. 2d 744, 1993 Fla. App. LEXIS 6726, 1993 WL 221409

District Court of Appeal of Florida | Filed: Jun 25, 1993 | Docket: 64697787

Published

the same rules of foreclosure as a mortgage. See § 697.01, Fla.Stat. (1991); First Fed. Savings & Loan Ass’n

Putney v. Dalton (In re Dalton)

90 B.R. 519, 1988 Bankr. LEXIS 1404

United States Bankruptcy Court, M.D. Florida | Filed: Sep 6, 1988 | Docket: 65779634

Published

place. Defendants’ position is based in part on § 697.01, Florida Statutes (“Instruments Deemed Mortgages”)

Terry v. Johnson

513 So. 2d 1315, 12 Fla. L. Weekly 2331, 1987 Fla. App. LEXIS 12199

District Court of Appeal of Florida | Filed: Sep 29, 1987 | Docket: 64630247

Published

or security instrument within the meaning of section 697.01, Florida Statutes (1985), thus requiring a

Ricard v. Equitable Life Assurance Society of the United States

462 So. 2d 592, 10 Fla. L. Weekly 241, 1985 Fla. App. LEXIS 12001

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 64609462

Published

of those instruments deemed a mortgage under section 697.01, Florida Statutes (1983), subject to the same

Smith v. Potter

406 So. 2d 1231, 1981 Fla. App. LEXIS 21784

District Court of Appeal of Florida | Filed: Dec 2, 1981 | Docket: 64586640

Published

the deed could be deemed a mortgage under section 697.01(1), Florida Statutes (1979). Equity peculiarly

British Law Insurance v. Jovan Corp.

229 So. 2d 603, 1969 Fla. App. LEXIS 6498

District Court of Appeal of Florida | Filed: Dec 23, 1969 | Docket: 64512534

Published

Jovan Corporation had a lien on the aircraft. See § 697.01, Fla.Stat, F.S.A.; Marcus v. Hull, 142 Fla. 306

Nissim Hadjes, Inc. v. Costanzo

197 So. 2d 602, 1967 Fla. App. LEXIS 5137

District Court of Appeal of Florida | Filed: Apr 4, 1967 | Docket: 64500525

Published

only with appellant’s first contention. F.S. Section 697.01 F.S.A. provides: “All conveyances * * * or

Clark v. Howard

192 So. 2d 302, 1966 Fla. App. LEXIS 4622

District Court of Appeal of Florida | Filed: Nov 29, 1966 | Docket: 64498775

Published

consistent herewith. Reversed and remanded. . Section 697.01, Florida Statutes, F.S.A.: “All conveyances

Miami Station, Inc. v. Coplan Pipe & Supply Co.

128 So. 2d 170, 1961 Fla. App. LEXIS 3012

District Court of Appeal of Florida | Filed: Mar 23, 1961 | Docket: 60196975

Published

terms of its purported absolute assignment. Section 697.01, Fla. Stat., F.S.A., in part provides: “All

Erstling v. Trinity Wesleyan Methodist Church

100 So. 2d 74

District Court of Appeal of Florida | Filed: Jan 28, 1958 | Docket: 60189343

Published

deed was' in actuality a mort*75gage under Section 697.01, Fla.Stat., F.S.A. This finding was made on

Havill v. Houser

27 So. 2d 115, 157 Fla. 763, 1946 Fla. LEXIS 848

Supreme Court of Florida | Filed: Jul 19, 1946 | Docket: 3265221

Published

the instrument comes within the purview of Section 697.01 Fla. Statutes, 1941 (same FSA) and was valid

Wilson v. Mitchell

43 Fla. 107

Supreme Court of Florida | Filed: Jan 15, 1901 | Docket: 60404654

Published

Equity, 112-390; Story’s Equity Pleadings, section 697; 1 Daniell’s Chy. Pl. & Pr., *696-7. See, also