The 2023 Florida Statutes (including Special Session C)
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. . . The City’s and the trial court’s rebanee on section 701.02(1) is misplaced. In JP Morgan Chase v. . . . The trial court also determined that BB & T was protected by section 701.02 because it is a subsequent . . . In doing so, the Second District held that section 701.02(1) only applies to estop an earlier purchaser . . . (In re Halabi), 184 F.3d 1335 (11th Cir.1999), which held that section “701.02’s recording requirement . . . (citing § 701.02, Fla. Stat. (2013); JP Morgan, 6 So.3d at 684-86). . . .
. . . Moreover, section 701.02(4) specifically states that chapters 670-680 of the UCC “govern the attachment . . .
. . . To resolve the dispute, the circuit court applied section 701.02, Florida Statutes (2008), the recording . . . Bank’s argument that section 701.02 compels a result in its favor. . . . Both the Plain Language of Section 701.02(1) and the 2005 Amendment Contained in Section 701.02(4-) Demonstrate . . . Three years after Garrett, the Florida Legislature enacted section 701.02. . . . when the Legislature added section 701.02(4). . . .
. . . See generally § 701.02, Fla. Stat. (2013); JP Morgan Chase v. . . .
. . . See generally §§ 701.02, 702.09, Fla. Stat. (2011). . . .
. . . unrecorded assignment or transfer of the Subject Mortgage pursuant to Florida Statutes §§ 695.01 and 701.02 . . .
. . . § 695.01 (Count I); discharging an unrecorded assignment of mortgage pursuant to Florida Statute § 701.02 . . . Stat. § 701.02. . . .
. . . Capra, Federal Rules of Evidence Manual § 701.02[7], at 701-17 (9th ed.2006). Dr. . . .
. . . Weinstein & Berger, supra, § 701.02; see also FecLR.Evid. 701 advisory committee note. . . .
. . . Section 701.02(1), Florida Statutes provides that a mortgage assignment is not effective in providing . . .
. . . . § 701.02 and avoidance of the alleged liens pursuant to Section 544; Count III — to avoid the alleged . . . Stat. § 701.02. (Count II) As to Count II, the Debtor raised the issue of HSBC’s violation of Fla. . . . . § 701.02. . . . Stat. § 701.02’s recording requirements are applicable only, and enforceable only, by competing creditors . . . Stat. § 701.02, the Eleventh Circuit stated, From the point of view of the mortgagor or someone standing . . .
. . . . § 701.02(1) (2009): An assignment of a mortgage upon real property or of any interest therein, is not . . .
. . . . § 701.02(1) (2009): An assignment of a mortgage upon real property or of any interest therein, is not . . .
. . . The Assignments were not recorded in accordance with § 701.02, Florida Statutes. 2. . . . Accordingly, pursuant to section 701.02, Florida Statutes, the mortgages at issue are not effective or . . . Section 701.02 provides, in relevant part: Assignment not effectual against creditors unless recorded . . . JP Morgan first argues that the trial court misapplied section 701.02 when it held that New Millennial . . . JP Morgan’s position is that section 701.02(1) only applies to estop an earlier purchaser/assignee of . . .
. . . . § 701.02. 4. . . . Stat. § 701.02. . . . .
. . . Berger, Wein-stein’s Federal Evidence § 701.02 (Joseph M. McLaughlin ed., 2d ed.2004). . . .
. . . Under Florida Statute 701.02, an assignment is effective if it indicates that it is an assignment of . . .
. . . Berger, Weinstein’s Federal Evidence § 701.02 (2005) (approving testimony that a person was "lucid” or . . .
. . . On the other hand, Swanson argues that he is protected by section 701.02, Florida Statutes (1995), as . . .
. . . . § 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein, shall . . . Stat. § 701.02’s recording requirement is applicable only to (and enforceable by) competing creditors . . . Stat. § 701.02 accords with common sense. . . . Stat. § 701.02 applied only to creditors or subsequent purchasers of a mortgagee. . . . Stat. § 701.02 to prevail against improperly recorded assignments of a duly recorded mortgage, we endorse . . .
. . . . § 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein, shall . . . Stat. § 701.02’s recording requirement is applicable only to (and enforceable by) competing creditors . . . Stat. § 701.02 accords with common sense. . . . Stat. § 701.02 applied only to creditors or subsequent purchasers of a mortgagee. . . . Stat. § 701.02 to prevail against improperly recorded assignments of a duly recorded mortgage, we endorse . . .
. . . In. the next paragraph of the order the court quoted section 701.02, Florida Statutes (1995), subsection . . .
. . . rationalizes the stop under Arizona traffic laws for (a) a speed violation, see Arizona Revised Statutes §§ 28-701.02 . . .
. . . . § 701.02 and 11 U.S.C. §§ 544 and 549. . . . . § 701.02: (1) No assignment of a mortgage upon real property or of any interest therein, shall be good . . . While Fla.Stat. § 701.02 requires the recording of an assignment of a mortgage for the assignment to . . . The recording requirement of Fla.Stat. § 701.02 relates only to competing creditors’ interest or bona . . . Since the requirements of Fla.Stat. § 701.02 do not apply to competing interests between mortgagors or . . .
. . . . § 701.02(1) (West 1994). . . . Stat.Ann. § 701.02(1). B. . . . is at that moment that one must also be “without notice” to gain the protection of Fla.Stat.Ann. § 701.02 . . . See, e.g., In re Lakeside I Corp., 120 B.R. 213 (Bankr.M.D.Fla.1990) (§ 701.02(1) applies to third party . . . , for valuable consideration” under § 701.02(1) (emphasis added). . . . .
. . . . § 701.02(1), Fla.Stat. (1993). . . .
. . . . §§ 695.01 and 701.02. . . . interest in the Debtors’ leasehold interests in 1986 by recording pursuant to Fla.Stat. §§ 697.01 and 701.02 . . .
. . . Ch. 111⅔, Para. 701.02(c). . . .
. . . Subsection (1) of section 701.02, Florida Statutes, is amended to read: 701.02 Assignment not effectual . . . However, Section 2 of Fla.Law ch. 89-41 did change the wording of § 701.02(1), Fla. . . . Documents such as those referred to in § 701.02(1) are recorded in the public records of the applicable . . . Since the actual document assigning a leasehold mortgage must be filed pursuant to §§ 701.02 and 695.01 . . . Therefore, by combining the reenactment of § 679.104(10) together with the amendment of § 701.02, the . . .
. . . . § 701.02(1), which provides that “[no] assignment of a mortgage upon real property or of any interest . . . Ann. § 701.02 pertains to contests between the mortgagor (or his successor) and a mortgagee’s successor . . . Thus, as between a mortgagee and the mortgagee’s successor, Fla.Stat.Ann. § 701.02 has no application . . . Stat.Ann. § 701.02, a judgment creditor would not prevail over the right of the Defendant to the Florida . . . Even if Fla.Stat.Ann. § 701.02 were somehow found to be applicable, constructive knowledge would be imputed . . .
. . . Rothenberg argued that pursuant to section 701.02(1), Florida Statutes (1991), American Bank’s failure . . . The confusion in this case arises from the failure of both parties to recognize that section 701.02, . . . Section 701.02 was enacted to protect a creditor or subsequent purchaser of land who has relied on the . . . Section 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein . . .
. . . encumbrances or assignment and, for that reason, it is entitled to the protection afforded by section 701.02 . . . Section 701.02(1), Florida Statutes (1987), relied upon by Chicago Title, provides: No assignment of . . .
. . . (3), they occupy the position of a bona fide purchaser of real property thus by virtue of Fla.Stat. 701.02 . . . Fla.Stat. 701.02 entitled “Assignment not effectual against creditors unless recorded” provides (1) No . . .
. . . . § 701.02 as a condition to the enforceability of a mortgage against subsequent creditors or purchasers . . .
. . . $95,935.67 was due and owing on the principal of the note and guaranty, plus accrued interest of $109,-701.02 . . .
. . . The oft noted “illusory quality of ... a fact-opinion distinction,” 11 Moore, Federal Practice § 701.02 . . .
. . . Fla.Stats., § 701.02(1), provides: No assignment of a mortgage upon real property or of any interest . . . The language of § 701.02(1) is about as clear as the legislature could make it that no unrecorded assignment . . . mortgage market would be jeopardized by the enforcement in bankruptcy of statutes such as Fla.Stats., § 701.02 . . .
. . . Moore, supra, § 701.02; 3 J. Weinstein & M. Berger, Weinstein’s Evidence ¶ 701[01] (1981). . . .
. . . Code § 701.02; and (2) that James Martin was guilty of contributory negligence. . . . because Officer Weaver was “responding to an emergency call” within the meaning of Ohio Rev.Code § 701.02 . . . Section 701.02 provides, in pertinent part: Any municipal corporation shall be liable in damages for . . . Code § 701.02. . . . However, section 701.02’s preservation and grant of municipal and personal immunity is not absolute. . . . and the City defended on the ground of the exemption from liability provided by Ohio Revised Code § 701.02 . . .
. . . Code §701.02 (1976), for acts while responding to an emergency call. . . .
. . . . § 701.02 which requires mortgage assignments be placed of record to be effective against creditors. . . .
. . . acknowledged “the illusory quality of such a fact-opinion distinction.” 11 Moore, Federal Practice § 701.02 . . .
. . . interest in a real estate mortgage is protected by recording the assignment as' required by Section 701.02 . . .