Florida Statutes

Fla. Stat. § 697.01 (2025)

Instruments deemed mortgages.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 78 cases (3 in the last 5 years), 1946–2026 · leading case: Cain & Bultman, Inc. v. Miss Sam, Inc., 409 So. 2d 114 (Fla. 5th DCA 1982).

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Cain & Bultman, Inc. v. Miss Sam, Inc., 409 So. 2d 114 (Fla. 5th DCA 1982). · cites it 4× “On appeal the First District Court on Appeal affirmed, holding that the forfeiture clause was ineffective because the arrangement constituted a security device, that the contract constituted a mortgage within the meaning of section 697.01, Florida Statutes, and that the…”

White v. Brousseau, 566 So. 2d 832 (Fla. 5th DCA 1990). · cites it 4× “[7] See § 697.01(1), Fla. Stat. [8] Adkinson v. Nyberg, 344 So.”

First Mortg. Corp. of Stuart v. Degive, 177 So. 2d 741 (Fla. 2d DCA 1965). · cites it 6× “We agree with this view. The Assignment of Contract itself appears to be absolute on its face, but it is accompanied by the agreement between Anchorage Mortgage Company and the O'Connors providing for reassignment in the event the ,600 mentioned in the Assignment of Contract…”

Brace v. Comfort, 2 So. 3d 1007 (Fla. 2d DCA 2008). · cites it 5× “In count one of their complaint, the Braces sought a declaration that the “payments” they had made to King/Sterling— and that King^Sterling accepted — “constituted a mortgage on the subject property pursuant to Fla. Stat. § 697.01 .” Section 697.01, Florida Statutes (2006),…”

Valk v. Jem Distributors of Tampa Bay, 700 So. 2d 416 (Fla. 2d DCA 1997). · cites it 4× “In paragraph 16 of the order, the court quoted section 697.01, Florida Statutes (1995), to the effect that written instruments conveying or selling property for the purpose or with the intention of securing the payment of money are deemed to be mortgages, subject to the same…”

Hill v. Brooks (In Re Brooks), 389 B.R. 790 (Bankr. M.D. Fla. 2008). · cites it 7× “In the Counterclaim, the Debtor seeks a declaratory judgment that any transfer of the Property’s title from the Debtor to Hill should be deemed a mortgage under § 697.01 of the Florida Statutes. The Counterclaim includes a demand for a jury trial.”

In Re Aloma Square, Inc., 85 B.R. 623 (Bankr. M.D. Fla. 1988). · cites it 2× “However, if such an assignment was given for the purpose of securing the payment of money, it falls within the ambit of § 697.01, Florida Statutes, and is subject to the same rules of foreclosure as are prescribed for ordinary mortgages.”

Armbrister v. Roland Int'l Corp., 667 F. Supp. 802 (M.D. Fla. 1987). · cites it 2× “Thus, these installment payments were no more separate and distinct “sales” (as Plaintiffs argue) than are continuing payments under a mortgage.”

Luneke v. Becker, 621 So. 2d 744 (Fla. 2d DCA 1993). · cites it 2× “See § 697.01, Fla.Stat. (1991); First Fed. Savings & Loan Ass’n of Ft.”

Free v. Free, 936 So. 2d 699 (Fla. 5th DCA 2006). · cites it 2× “§ 697.01, Fla. Stat. (2005); Vandenberg v.”

Adkinson v. Nyberg, 344 So. 2d 614 (Fla. 2d DCA 1977). · cites it 2× “Section 697.01, Florida Statutes; Mid-State Investment Corporation v.”

Tanner v. FirstPlus Fin. Inc. (In Re Tanner), 223 B.R. 379 (Bankr. M.D. Fla. 1998). · cites it 2× “Fla.Stat. § 697.01(1) provides: "[a]ll conveyances, obligations conditioned or defeasible, bills of sale of 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 .”

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— 697.01(1) — 19 cases

White v. Brousseau, 566 So. 2d 832 (Fla. 5th DCA 1990). “[7] See § 697.01(1), Fla. Stat. [8] Adkinson v. Nyberg, 344 So.”

Tanner v. FirstPlus Fin. Inc. (In Re Tanner), 223 B.R. 379 (Bankr. M.D. Fla. 1998). “Fla.Stat. § 697.01(1) provides: "[a]ll conveyances, obligations conditioned or defeasible, bills of sale of 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 .”

Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002).

Minalla v. Equinamics Corp., 954 So. 2d 645 (Fla. 3d DCA 2007).

Dep't of Revenue v. Sun Bank, 556 So. 2d 1154 (Fla. 5th DCA 1990).

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