Florida Statute 698.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 698
CHATTEL MORTGAGES

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F.S. 698.08

698.08 Notice given by filing for record of chattel mortgages generally, to extend 7 years.—

(1) The notice given to third persons by the filing for record of any mortgage or other security instrument, except mortgages or other instruments given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property, or agricultural, horticultural, or fruit crops planted, growing or to be planted, grown or raised, shall, unless otherwise provided by law, expire at the end of 7 years from the date of the filing thereof for record.

(2) The notice given to third persons by the filing for record of any mortgage or other security instrument given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property or agricultural, horticultural, or fruit crops planted, growing, or to be planted, grown, or raised, shall, unless otherwise provided by law, expire at the end of:

(a) Seven years from the date of maturity of the debts or obligations last maturing thereunder and secured by such mortgages or other security instruments, or

(b) Seven years from the last date an advance could validly be made thereunder so as to be secured thereby,

whichever of said dates is later.

(3) Provided, however, that this law shall not apply to any mortgage or other security instrument creating a lien on, or conveying or reserving an interest in, or in respect of property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation, where such mortgage has been or shall be recorded in the county in the state in which the mortgaged property is situated or, in the case of such other instrument, where such other instrument has been or shall be recorded in the office of the Department of State. Provided further, however, that this law shall not apply to any mortgage or other security instrument given to secure any indebtedness to the United States, or any agency or instrumentality thereof, incurred under the Rural Electrification Act of 1939, as amended.

History.—s. 1, ch. 17112, 1935; CGL 1936 Supp. 5727(7); s. 1, ch. 20921, 1941; s. 1, ch. 26889, 1951; s. 4, ch. 63-212; ss. 10, 35, ch. 69-106.

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Amendments to 698.08

Arrestable Offenses / Crimes under Fla. Stat. 698.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 698.08.

Annotations, Discussions, Cases:

Cases Citing Statute 698.08

Total Results: 4

State v. John N. Willis

Court: District Court of Appeal of Florida | Date Filed: 2016-04-04

Snippet: Bender, 382 So. 2d 697, 698 8 (Fla. 1980) (“There is no

McArthur v. State

Court: Supreme Court of Florida | Date Filed: 1977-09-30

Citation: 351 So. 2d 972

Snippet: v. Louisiana, 419 U.S. at 531-532, 95 S.Ct. at 698. [8] Although mothers of young children in contemporary

State ex rel. Atlantic Coast Line Railroad v. Board of Equalizers

Court: Supreme Court of Florida | Date Filed: 1922-11-20

Citation: 84 Fla. 592

Snippet: Buchanan, 24 W. Va. 362; 6 R. C. L. p. 71; 12 C. J. 698; 8 Cyc. 726, as to when it is the duty of officers

DaCosta v. Dibble

Court: Supreme Court of Florida | Date Filed: 1898-06-15

Citation: 40 Fla. 418

Snippet: grounds. Lyon v. Perin & Gaff Manufg. Co., 125 U. S. 698, 8 Sup. Ct. Rep. 1024; Bigelow on Estoppel, 58; Borrowscale