Florida Statutes
Fla. Stat. § 697.10 (2025)
Liability for error in mortgage deed or note.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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697.10 Liability for error in mortgage deed or note.—In any action relating to real property, if the court shall find that any person has prepared an instrument which due to an inaccurate or improper legal description impairs another person’s title to real property, the court may award to the prevailing party all costs incurred by her or him in such action, including reasonable attorney’s fees, and in addition thereto may award to the prevailing party all actual damages that she or he may have sustained as a result of such impairment of title.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2021–2021 · leading case: Smith v. Select Portfolio Servicing Inc. (S.D. Fla. 2021).
Smith v. Select Portfolio Servicing Inc. (S.D. Fla. 2021). “Fla. Stat. § 697.10 . A plain reading of the statute requires the Court to first find that a person prepared a legal instrument with an inaccurate or improper legal description such that it impairs “another person’s title to real property .”
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