Florida Statutes
Fla. Stat. § 697.02 (2025)
Nature of a mortgage.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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697.02 Nature of a mortgage.—A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.
History.—ss. 1, 2, ch. 525, 1853; RS 1982; GS 2495; RGS 3837; CGL 5725.
Notes of Decisions
Cited in 39
cases, 1961–2017 · leading case: Heartwood 2, LLC v. Dori, 208 So. 3d 817 (Fla. 3d DCA 2017).
Heartwood 2, LLC v. Dori, 208 So. 3d 817 (Fla. 3d DCA 2017). “See § 697.02, Fla. Stat. (2005). Thus, for a mortgage to create a valid lien, the mortgage must contain a sufficient description of the property to enable the parties to ascertain and locate the property affected by the lien.”
Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). “01 provides that "[a]ll mortgages shall be foreclosed in equity." Originally enacted in 1834, section 701.”
In re Plummer, 513 B.R. 135 (Bankr. M.D. Fla. 2014). “Fla. Stat. § 697.02 (2013) ("A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.”
Glen Garron, LLC v. Buchwald, 210 So. 3d 229 (Fla. 5th DCA 2017). “2d DCA 1990) (citing § 697.02, Fla. Stat. (1987)). The acceleration clause in the mortgage “confers a contract right upon the note or mortgage holder which he may elect to enforce upon default.”
Young v. Embley, 143 P.3d 936 (Alaska 2006). “1990); Fla. Stat. Ann. § 697.02 (West 1994); Ga.”
Pitts v. Pastore, 561 So. 2d 297 (Fla. 2d DCA 1990). “§ 697.02, Fla. Stat. (1987). It is well established that one can enter into a mortgage agreement to create a lien against property which the mortgagor will only acquire in the future.”
Cukierman v. BankAtlantic, 89 So. 3d 250 (Fla. 3d DCA 2012). “BankAtlantic contends that, because the indebtedness was satisfied from the sale of the mortgage collateral and no judgment was entered against Mrs.”
Free v. Free, 936 So. 2d 699 (Fla. 5th DCA 2006). “A mortgage creates a lien under Florida law, and because it does not convey an interest in real property, the requirements associated with its execution are not as exacting as those of instruments of conveyance, such as a deed.”
Tanner v. FirstPlus Fin. Inc. (In Re Tanner), 223 B.R. 379 (Bankr. M.D. Fla. 1998). “Fla.Stat. § 697.02 (“A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.”
United of Fla., Inc. v. Illini Fed. S. & L. Ass'n, 341 So. 2d 793 (Fla. 2d DCA 1977). “In our judgment United's claim must take priority, because we do not believe it can be said that a mortgage is an interest in real property.”
Morris v. Osteen, 948 So. 2d 821 (Fla. 5th DCA 2007). “01(1), Florida Statutes, to support their contention that their rights as judgment creditors defeat Morris and Pate’s rights under the lease.”
Arsenault v. JP Morgan Chase Bank, N.A. (In Re Arsenault), 456 B.R. 627 (Bankr. S.D. Ga. 2011). “” Fla. Stat. Ann. § 697.02 (West 2011). Under Florida law, a mortgage does not transfer title, possession or any other interest in property other than the lien.”
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