The 2024 Florida Statutes
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. . . the court registry pending final judgment, regardless of any asserted defenses or counterclaims. § 697.07 . . . An order sequestering rents into the court registry under section 697.07(4) is reviewed for an abuse . . . FDIC , 629 So.2d 975 (Fla. 5th DCA 1993), where the Fifth District stated that section 697.07 applies . . . We distinguish Orlando Hyatt because the parties in that case agreed that section 697.07 does not apply . . . See § 697.07(4), Fla. Stat. (2013). Affirmed without prejudice. . . .
. . . We summarily affirm the trial court's order requiring sequestration of rents under section 697.07(4), . . .
. . . order granting Residential Credit Opportunities Trust's motion to sequester rents pursuant to section 697.07 . . . Section 697.07 provides, in pertinent part: (1) A mortgage or separate instrument may provide for an . . . Ginsberg, 645 So.2d at 498 ; see also § 697.07(2). . . . . § 697.07(4) ; see also Wane, 128 So.3d at 934 (" Section 697.07 draws a clear line between a motion . . . (3) ; it sought only sequestration of rents, pursuant to section 697.07(4). . . .
. . . .”§ 697.07(1), (4), Fla. Stat. (2016). . . . Section 697.07 “was enacted as a public policy matter by the legislature to facilitate commercial lending . . .
. . . Section 697.07(4).” . . . profits from the Property shall constitute and be construed as ‘rents’ for all purposes under Section 697.07 . . . that “rents” which are subject to foreclosure proceeding sequestration pursuant to either (i) Section 697.07 . . . The term "rents” contemplated in Section 697.07 does not include the revenues collected by a hotel from . . .
. . . assignment of rents clause in the mortgage or demonstrate compliance with the procedures of section 697.07 . . .
. . . Bank was legally obligated to comply with the terms of the Rider and section 697.07, Florida Statutes . . . Section 697.07 draws a clear line between a motion seeking sequestration of rents into the court registry . . . Compare § 697.07(4) (dealing with sequestration of rents into the court registry), with § 697.07(3) ( . . . Bank had made either a written demand for the rents as required by section 697.07(3) or given written . . . Bank an opportunity to prove that it is entitled to an assignment of rents under section 697.07(3) and . . .
. . . See § 697.07, Fla. Stat. (2003); Howard Sav. Bank v. E. Fed. Corp., 614 So.2d 1162 (Fla.1993). . . .
. . . Section 697.07(4), Florida Statutes (2011), provides that a court may order sequestration of rents “notwithstanding . . .
. . . Section 697.07, Florida Statutes (2009), provides a simple method to enforce rent assignment clauses. . . .
. . . . § 697.07.) . . .
. . . . § 697.07). . . .
. . . 1,218.20 May 7, 2001 598.91 May 7, 2001 620.97 May 22, 2001 224.23 June 1, 2001 4,343.62' June 5, 2001 697.07 . . .
. . . . § 697.07, which governs the steps a mortgagee must take in order to enforce an assignment of rents. . . . Stat. § 697.07. . . . According to Lennar, § 697.07 afforded it an automatic right to the rents upon default thereby satisfying . . .
. . . 1,218.20 May 7, 2001 598.91 May 7, 2001 620.97 May 22, 2001 224.23 June 1, 2001 4,343.62 June 5, 2001 697.07 . . .
. . . an order denying the plaintiff-mortgagee’s motion for sequestration of rents as provided by section 697.07 . . .
. . . counts 7 through 10 and 12 through 14, which are all based on appellants’ claim that under section 697.07 . . . In a prior appeal in this case, this court held that section 697.07 of the Florida Statutes (1991), which . . . 497 (Fla. 3d DCA 1994), rev. denied, 659 So.2d 272 (Fla.1995), the court held that, although section 697.07 . . .
. . . . § 697.07(3) provides that an assignment of rents shall be enforceable upon the mortgagor’s default . . .
. . . . § 697.07(2) (West Supp.1999). . . .
. . . . § 697.07(2) (West Supp.1999). . . .
. . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 697.07 Fla. Stat. . . . Ann. § 697.07(3). . . . Damages under § 697.07 Citation’s claim also fails for the additional reason that § 697.07 does not give . . . Ann. § 697.07 (1987). . . . .
. . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 697.07 Fla. Stat. . . . . § 697.07 codifies a protocol for the enforcement of collateral assignments of rents. ■ Section 697.07 . . . Ann. § 697.07(3). . . . Ann. § 697.07 (1987). . . . .
. . . Pursuant to § 697.07, Florida Statutes, the state court authorized the use of the rents to pay reasonable . . . Section 697.07 of the Florida Statutes provides in part: Chapter 697. . . . Instruments Deemed Mortgages and the Nature of a Mortgage 697.07. . . . Section 697.07(8), Florida Statutes, provides that any of the rents received by the mortgagee shall be . . .
. . . Pursuant to § 697.07, Florida Statutes, the state court authorized the use of the rents to pay reasonable . . . Section 697.07 of the Florida Statutes provides in part: Chapter 697. . . . Instruments Deemed Mortgages and the Nature of a Mortgage 697.07. . . . Section 697.07(8), Florida Statutes, provides that any of the rents received by the mortgagee shall be . . .
. . . Bank, 591 So.2d 1137 (Fla. 4th DCA 1992)(affirming, under § 697.07, Fla. . . .
. . . The letter also stated: Further, pursuant to the Loan Documents and Florida Statute § 697.07, demand . . . Mortgages, Rents, and Florida Statute § 697.07 (1993). . . . In 1987, the Florida Legislature enacted Section 697.07, Florida Statutes, to address the assignment . . . The Motion cites Section 697.07 of the Florida Statutes. . . . Stat. § 697.07 (1987). . . .
. . . The letter also stated: Further, pursuant to the Loan Documents and Florida Statute § 697.07, demand . . . Mortgages, Rents, and Florida Statute § 697.07 (1993). . . . In 1987, the Florida Legislature enacted Section 697.07, Florida Statutes, to address the assignment . . . The Motion cites Section 697.07 of the Florida Statutes. . . . Fla.Stat. § 697.07 (1987). . . .
. . . the court’s registry pending final adjudication was a clear abuse of discretion granted under section 697.07 . . . find error in the court’s denial of an assignment of the rents to the appellants pursuant to section 697.07 . . .
. . . The Seasons did not oppose an order to deposit the rents pursuant to section 697.07, Florida Statutes . . . Moreover, as in Alafaya Square, Kraus-Anderson may invoke section 697.07, Florida Statutes (1995), to . . .
. . . In March of 1995, the trial court granted the motion pursuant to section 697.07, Florida Statutes (1995 . . .
. . . . § 697.07, as amended, the Defendants, ORMOND BEACH and LPIMC, are directed to render, within twenty . . .
. . . . § 697.07.” Exh. 28. . . . The court ordered that “[pjursuant to Fla.Stat. § 697.07, as amended, the Defendants, Ormond Beach and . . . (a) Retroactivity of § 697.07 It is well settled that under Florida common law, a pledge of the rents . . . Fla.Stat. § 697.07 (1993). . . . . Fla.Stat. § 697.07 (1987). . . . .
. . . Section 697.07(4), Florida Statutes (1993) specifically provides in regard to a motion to sequester rents . . .
. . . . § 697.07 and any appeals thereon except that (1) the Florida state court may not direct that any property . . .
. . . On January 19, 1995 it invoked its rights under Section 697.07 of the Florida Statutes to require that . . . rente from the center, and that Aetna effectively invoked its right to receive the rents under Section 697.07 . . .
. . . Holdings, Inc., 645 So.2d 490, 497 (Fla. 3rd DCA 1994) (Florida Statute section 697.07, providing for . . .
. . . 697.07 governs in instant action. . . . We agree with Lennar that section 697.07, Florida Statutes (1993) should be applied retroactively and . . . Further, we believe it was the intent of the Legislature that section 697.07 be applied retroactively . . . In 1993 the Legislature amended section 697.07, in part, in response to several cases which held the . . . Section 697.07, Florida Statutes is procedural, it sets out the steps a mortgagee must take in order . . .
. . . Florida, 591 So.2d 1137 (Fla. 4th DCA 1992) notes that both Leon and Law were superseded by section 697.07 . . .
. . . made a demand for rents, thus perfecting its security interest in the rents under Florida Statutes § 697.07 . . .
. . . order; however, we do so not on the basis articulated in the lower court’s order but on the basis of § 697.07 . . . Appellant urges that § 697.07, Florida Statutes (1993) cannot require sequestration of rents collected . . . The amendments to section 697.07 have removed any perceived statutory impediment to enforcement of rent . . . The 1991 version of section 697.07 plainly intended to give effect to the parties’ agreement to assign . . . As Oakbrooke pointed out, section 697.07 does not purport to cause the transfer of an ownership interest . . .
. . . On the same date, First Union sent EGYB another demand letter pursuant to Florida Statutes, section 697.07 . . . Section 697.07, Florida Statutes (1991) states in relevant part: A mortgage may provide for an assignment . . .
. . . Motion Seeking the Appointment of a Receiver and to Compel the Deposit of Rents pursuant to section 697.07 . . . At the hearing, the trial court agreed with Orlando Hyatt that section 697.07, the assignment of rents . . . The parties and the trial court agree that section 697.07, the assignment of rents provision, does not . . . Prior to the enactment of section 697.07, Florida courts acknowledged that a mortgagor may pledge rents . . . Section 697.07 provides: 697.07 Assignment of rents.' — A mortgage may provide for an assignment of rents . . .
. . . . § 697.07; In re Ameriswiss Assocs., 148 B.R. 349, 352 (Bankr.S.D.Fla.1992). . . .
. . . an absolute ownership interest in and to said rental revenues in accordance with Florida Statutes § 697.07 . . . Based on the foregoing, Seaboard asserts that, pursuant to the Final Judgment and Florida Statute 697.07 . . . Florida Statute § 697.07 (1989) provides: A mortgage may provide for an assignment of rents. . . . This Court stated that § 697.07 was not meant to create an outright transfer of ownership interest in . . . The Court held that § 697.07 contemplates further judicial proceedings requiring a determination of the . . .
. . . acting in its capacity as Receiver, made a pre-bankruptcy implementation of Florida Statute Section 697.07 . . . (“Section 697.07”) on or about September 9, 1991. . . . of the 1986 Loan Documents and the RTC’s written demand for payment of the rents pursuant to Section 697.07 . . . The RTC’s pre-bankruptcy implementation of Section 697.07 created an absolute transfer of the Rents to . . . Inasmuch as Section 697.07 effects a substantive change from the common law with respect to the property . . .
. . . Section 697.07, Florida Statutes (1989) provides that if a mortgage contains an assignment of rents clause . . .
. . . . § 697.07. . . . (B)Notice was given by Frankel pursuant to Fla.Stat. § 697.07 (1991) Fla.Stat. § 697.07 (1991) provides . . . (C) Fla.Stat. § 697.07 (1991) effects an absolute transfer of rents This Court has previously held that . . . Fla.Stat. § 697.07 “is intended to create an absolute transfer of the income stream to the mortgagee . . . (D) Fla.Stat. § 697.07 (1991) is substantive and, therefore, is not retroactive While Fla.Stat. § 697.07 . . .
. . . . § 697.07 and an assignment of rents, demanded that the Debtor turn over or sequester all rents collected . . .
. . . Stat. 697.07 and an assignment of rents, demanded that the Debtor turn over or sequester all rents collected . . .
. . . Applying section 697.07 retroactively, the assignment of rents became absolute upon the mortgagor’s default . . . Section 697.07, Fla. Stat. (1989). . . .
. . . In the latter case, Section 697.07, Fla.Stat. (1989) authorizes a trial court to compel such a deposit . . .
. . . profits arising from or connected with the Property (collectively, the “Rents”), pursuant to Section 697.07 . . .
. . . . § 697.07. . . . court level, the debtor moved for the rents to be placed in the court’s registry pursuant to F.S. § 697.07 . . .
. . . is an appeal of a non-final order denying the appellant, Johnny Williams’, motion to declare section 697.07 . . . causing First Union to give written notice of the default and demand for rents pursuant to section 697.07 . . . Williams objected to the motion and asked the court to declare section 697.07 unconstitutional on the . . . The pertinent statute and rule of procedure involved herein are: Section 697.07, Florida Statutes (1989 . . . However, Williams argues that, when 697.07 is enforced, it compels the trial courts of this state to . . .
. . . Section 697.07 of the Florida Statutes provides: A mortgage may provide for an assignment of rents. . . . Some federal courts have determined Section 697.07 does, indeed, effect an absolute transfer of ownership . . . Now, however, Florida state courts have interpreted Section 697.07 and have determined Section 697.07 . . . Insurance Commissioner of California, 579 So.2d 259 (Fla. 4th DCA 1991) (Fla.Stat. § 697.07 does not . . . Molko, 584 So.2d 76 (Fla. 3d DCA 1991), merely holds that at a minimum § 697.07 requires a mortgagor . . .
. . . had exercised its right to receive rentals and had made a written demand therefor pursuant to section 697.07 . . .
. . . mortgagee’s pre-petition demand for turnover conveyed ownership of the rents to the mortgagee under § 697.07 . . . Pursuant to Fla.Stat. § 697.07, Meritor demanded that all rents thereafter received by Shoppes or rental . . . Meritor exercised its rights under Fla.Stat. § 697.07 and demanded turnover of the rents prior to the . . . Fla.Stat. § 697.07, provides that: A mortgage may provide for an assignment of rents. . . . Fla.Stat. § 697.07. . . .
. . . . § 697.07. . . . Under Fla.Stat. § 697.07 and the assignment of rents provision, Freddie Mac argues that upon default . . . Fla.Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . This conclusion is based upon Freddie Mac’s arguments under Fla.Stat. § 697.07. . . . . § 697.07. . . .
. . . Fla.Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . Stat. § 697.07 by Florida State Courts Prior to the enactment of Fla.Stat. § 697.07, Florida common law . . . Stat. § 697.07 “does not create any new rights regarding the ability to assign rents.” . . . Stat. § 697.07 applies retroactively. . . . Fla.Stat. § 697.07 does not create or authorize a transfer of absolute ownership rights in rents. . . .
. . . Section 697.07, Florida Statutes (1989), provides that a mortgage may provide, as here, for an assignment . . .
. . . . § 697.07 (1987). . . . Can Florida Statute § 697.07 Be Applied Retroactively? 1. . . . was not changed by the enactment of Fla.Stat. § 697.07. . . . Stat. § 697.07 is not proscribed because Fla.Stat. § 697.07 does not change the substantive law. . . . The effective date of Fla.Stat. § 697.07 is October 1, 1987. . . .
. . . This is an appeal from an order awarding an assignment of rents pursuant to section 697.07, Florida Statutes . . . incomes, issues, profits and other revenues arising from the mortgaged property pursuant to section 697.07 . . . A hearing was held, after which the trial court ruled that section 697.07, Florida Statutes (1989) should . . . This statute provides: 697.07 Assignment of Rents. — A mortgage may provide for an assignment of rents . . . The district court concluded that the legislature had enacted section 697.07, Florida Statutes (1987) . . .
. . . According to the final staff analysis of the House Commerce Committee, that legislation amended §§ 697.07 . . .
. . . In June, 1990, by separate letters and pursuant to section 697.07, Florida Statutes, and the terms of . . . issue that the Court must address is whether or not under 11 U.S.C. § 363(a) and Florida Statutes § 697.07 . . . Section 697.07, Florida Statutes, provides in pertinent part: A mortgage may provide for an assignment . . . C & S has satisfied the requirements of § 697.07 by making a pre-petition written demand on the Debtors . . . Under 697.07 C & S’s written demand following the default effected an absolute transfer of the ownership . . .
. . . These two appeals, which we sua sponte consolidate, emanate from the trial court’s ruling that section 697.07 . . . was executed before the effective date of the statute and thus the issue before us is whether section 697.07 . . . The statute provides: 697.07 Assignment of rents. . . . No Florida state court has addressed the issue of retroactivity of section 697.07. . . . The legislative analysis for House Bill 1153, enacted into law by the legislature as section 697.07, . . .
. . . In conformity with Florida Statute § 697.07, the creditor asserts that the assignment of rents clause . . .
. . . . § 697.07 (1989). . . . The court concluded that section 697.07 was not meant to provide for an absolute transfer of ownership . . . Fla.Stat. § 697.07 (1989) (emphasis added). . . . That is precisely the problem section 697.07 was meant to address. . . . Thus under section 697.07, rents collected subsequent to default and notice may pass directly to the . . .
. . . transferred to Waters upon default and written demand to the Debtor herein, pursuant to Florida Statute § 697.07 . . . Florida statute § 697.07 (1989) provides in pertinent part as follows: “A mortgage may provide for an . . . Based on the Debtor’s default and Waters compliance with the provisions of § 697.07 the Assignment of . . . In accordance with the foregoing findings of fact, Water’s compliance with Florida Statute § 697.07 ( . . .
. . . . § 697.07 (1987). The effective date of said statute is October 1, 1987. . . . CONCLUSIONS OF LAW Section 697.07 provides in part that a mortgage may contain “an assignment of rents . . . Fla.Stat. § 697.07 (1987). . . . It further argues that § 697.07 cited above specifically provides for perfection without the need to . . . The holding that § 697.07 does not apply preter-mits a finding on the retroactivity of the statute. . . .
. . . Florida Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . The court examined the law prior to the amendment of § 697.07, and concluded at 321 that: ..., it was . . . Stat. § 697.07 such a literal interpretation. . . . Stat. § 697.07, the rent assignment becomes absolute. . . . Stat. § 697.07. Recently, the analysis undertaken by the court in Aloma Square was affirmed. . . .
. . . . § 697.07. . . . Fla.Stat. § 697.07 does nothing more than dispel the necessity of a mortgagee to seek a receiver to protect . . .
. . . A significant portion of the debtor’s memorandum is devoted to a discussion of Florida Statute § 697.07 . . . Section 697.07 did not become effective until October 1, 1987 and, while I recognize that one court has . . . held that § 697.07 applies retrospectively, In re Aloma Square, Inc., 85 B.R. 623, 625 (Bankr.M.D.Fla . . . Section 697.07 contains no explicit language authorizing retroactive application, and as noted by the . . . Franklin and Camelot courts, the retrospective application of § 697.07 would impair a mortgagor’s rights . . .
. . . Instead, the Appellant challenges the court’s application of section 697.07 to the facts of instant case . . . The court concluded that the section 697.07 had retroactive application because it is purely a remedial . . . The Appellant contends, on the other hand, that section 697.07 effectively abolished its substantive . . . Section 697.07 therefore cannot be applied retrospectively to deprive Appellant of the rental proceeds . . . Section 697.07, Florida Statutes, provides: A mortgage may provide for an assignment of rents. . . .
. . . . § 697.07 puts rents outside of the bankruptcy estate altogether). . . . FLA.STAT. § 697.07 states in part: A mortgage may provide for an assignment of rents. . . .
. . . Accordingly, the Court must apply Florida law, specifically § 697.07, Fla.Stat., to the case at bar. . . . The Florida assignment of rents statute, § 697.07, became effective on October 1, 1987. . . . Prior to the enactment of § 697.07, Florida common law provided that a mortgagee was not entitled to . . . The Court’s interpretation of § 697.07 also receives support from existing case law. . . . The Mortgage contained an assignment of rents clause governed by § 697.07, Fla.Stat. . . .
. . . regarding assignments of rents and by the separate assignments of rents provision under Florida Statutes § 697.07 . . . exercise of its rights under the Assignments of Rents Agreement, and pursuant to Florida Statutes § 697.07 . . .
. . . Prior to the enactment of Section 697.07, Fla.Stats., under Florida common law, a lender was not entitled . . . Florida’s new statutory provision governing assignment of rents, Section 697.07, (Fla.Stat.1987), provides . . . AmSouth did not cite this case, the Minnesota bankruptcy court literally interpreted Florida Statute 697.07 . . . Section 697.07, Fla.Stats. . . . Prior to the petition in this case, Am-South demanded payment of the rents in accordance with Section 697.07 . . .
. . . . § 697.07 (hereinafter referred to as “the New Law”), which provides as follows: A mortgage may provide . . .
. . . . § 697.07. . . .
. . . . § 697.07, thereby transferring ownership to all rents and incomes generated by the mortgaged property . . . Fla.Stat. § 697.07 provides in pertinent part: A mortgage may provide for an assignment of rent and if . . . Under Florida common law prior to the enactment of § 697.07, it was well settled in this State that a . . . Notwithstanding the liberal language of the Statute, this Court is satisfied that § 697.07 was not intended . . . This conclusion is also consistent with the balance of the language contained in § 697.07, which states . . .
. . . On November 14, 1988, Investors made written demand on debtor for rents pursuant to § 697.07, Florida . . .
. . . . § 697.07, Fla.Stat. (1987). . . . Appellant quoted part of section 697.07 but failed to quote the operative language which provides: A . . .
. . . mortgage note (approximately $236,400) and (ii) demanded payment of the assigned rents pursuant to § 697.07 . . . 7, 1989, letter from First Federal’s attorney constituted a written demand by the mortgagee under § 697.07 . . .
. . . . § 697.07. That statute provides: A mortgage may provide for an assignment of rents. . . . FLA.STAT. § 697.07 makes all Florida assignments of rents into absolute transfers of the ongoing income . . . This Court fundamentally disagrees with the Aloma Square Court’s characterization of § 697.07 as “merely . . . The language of FLA.STAT. § 697.07 contains no explicit language authorizing a retroactive application . . . FLA.STAT. § 697.07 cannot be applied to these cases in a fashion which is defensible under the cited . . .
. . . In addition to Flagler’s perfection under Florida common law, Florida Statute, Section 697.07, provides . . .
. . . the commencement of the foreclosure action, Metropolitan Annuity filed, pursuant to Florida Statute 697.07 . . .
. . . Cal Fed argues that its assignment rights vested upon demand under newly enacted Florida Statute § 697.07 . . . That statute, specifically § 697.07, now provides: A mortgage may provide for an assignment of rents. . . . Movant has argued that § 697.07 is procedural in nature and fits within the exception to the general . . . Florida Statute § 697.07 does not create any new rights regarding the ability to assign rents. . . . Absent an appellate ruling which is binding upon this Court, § 697.07 will be given retroactive effect . . .
. . . its appointment as receiver in both cases by raising, for the first time in its answer brief, section 697.07 . . . Section 697.07, Florida Statutes (1987), effective October 1, 1987, provides as follows: 697.07 Assignment . . .
. . . This sum is arrived at by deducting $11,-697.07, originally received for the shares, from $49,165.51, . . .