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Florida Statute 698.01 - Full Text and Legal Analysis Florida Statute 698.01 | Lawyer Caselaw & Research
Fla. Stat. § 698.01 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
698.01 To be recorded.No chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or unless the property included in it be delivered to the mortgagee and continue to remain truly and bona fide in her or his possession.
History.RS 1983; GS 2496; RGS 3833; CGL 5726; s. 779, ch. 97-102.

Cases Citing F.S. 698.01

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·Lee v. Bank of Georgia, 32 So. 2d 7 (Fla. 1947).

Cited 13 times | Published | Supreme Court of Florida | 159 Fla. 481, 13 A.L.R. 2d 1306, 1947 Fla. LEXIS 814

...trine should not apply in such a case. Some cases take the novel position of recognizing the validity of the mortgage even though the mortgagee knew of, or consented to, the removal.” *487 We have in this state two recording statutes. The first is Section 698.01 Florida Statutes 1941 (same F.S.A.) and is the general recording statute....
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Cited as authorityRodriguez (1953)
phrase: "rule_authority"
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·Florida First Nat. Bank v. Dent, 350 So. 2d 481 (Fla. 1st DCA 1977).

Cited 4 times | Published | Florida 1st District Court of Appeal

...That cause of action, based on the second guaranty agreement, must fail because it was not signed at all by any representative of the Bank. I dissent, however, to the majority's treatment of count one. The lease agreement was signed by the Bank's assistant vice-president and attested by only one signature. Section 698.01, Florida Statutes (1969), did indeed require two subscribing witnesses....
0 red0 yellow2 green0 procedural
Cited as authorityColucci (1989)
phrase: "rule_authority"
Cited as authorityKeet (1979)
phrase: "rule_authority"
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Richardson Tractor Co. v. Square Deal Mach. & Supply Co., 149 So. 2d 388 (Fla. 2d DCA 1963).

Cited 5 times | Published | Florida 2nd District Court of Appeal

...ale contract, pursuant to which the plaintiff-seller retained title to the tractor pending payment of the purchase price. It was not a chattel mortgage that was required to be recorded in order to be valid against creditors or subsequent purchasers, Section 698.01, Florida Statutes, F.S.A....
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Donoghue v. Beeler, 127 So. 2d 125 (Fla. Dist. Ct. App. 1961).

Published | District Court of Appeal of Florida

appellants’ mortgage. The appeal is from that decree. Section 698.01, Fla.Stat., F.S.A., provides as follows: "No
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Merit Clothing Co. v. Lees, 218 So. 2d 779 (Fla. Dist. Ct. App. 1969).

Published | District Court of Appeal of Florida | 1969 Fla. App. LEXIS 6313

...ISFACTION OF A DEBT EVIDENCED BY A CHATTEL MORTGAGE EFFECTIVE TO DEFEAT THE CLAIMS OF GENERAL, UNSECURED CREDITORS EXISTING PRIOR TO THE CONVEYANCE, AND WITHOUT KNOWLEDGE OF THE MORTGAGE, WHEN THE SAID CHATTEL MORTGAGE IS NOT RECORDED AS REQUIRED BY SECTION 698.01, FLORIDA STATUTES, 1965? The answer to each part of question one is in the affirmative....
...and chattel mortgage will not operate to defeat the claims of general, unsecured creditors existing prior to the conveyance when said creditors were without knowledge of the chattel mortgage and said chattel mortgage was not recorded as required by § 698.01, Florida Statutes, 1965, F.S.A., which provides: “To be recorded....
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Austin v. Harden, 152 So. 2d 751 (Fla. Dist. Ct. App. 1963).

Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3646

...Under Fla.Stat. § 699.07, F.S.A. 1 instruments relating to livestock must be recorded in order to constitute constructive notice. A horse comes within the livestock classification. Cf. Linick v. Lamm, Fla.App. 1962, 143 So.2d 551 . Under Fla.Stat. § 698.01, F.S.A., 2 no chattel mortgage is valid as against a subsequent bona fide purchaser for value without actual notice unless appropriately recorded....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.