Florida Statute 701.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 701
ASSIGNMENT AND CANCELLATION OF MORTGAGES

View Entire Chapter

F.S. 701.02

701.02 Assignment not effectual against creditors unless recorded and indicated in title of document; applicability.—

(1) An assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law.

(2) This section also applies to assignments of mortgages resulting from transfers of all or any part or parts of the debt, note or notes secured by mortgage, and none of same is effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law.

(3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mortgage, unless such interest is specifically and affirmatively reserved in such an assignment by the assignor, and a reservation of such interest or any part thereof may not be implied.

(4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under this section for purposes of attachment or perfection of a security interest in the mortgage under the Uniform Commercial Code.

(5) Notwithstanding subsection (4), a creditor or subsequent purchaser of real property or any interest therein, for valuable consideration and without notice, is entitled to rely on a full or partial release, discharge, consent, joinder, subordination, satisfaction, or assignment of a mortgage upon such property made by the mortgagee of record, without regard to the filing of any Uniform Commercial Code financing statement that purports to perfect a security interest in the mortgage or in a promissory note or other right to payment or performance secured by the mortgage, and the filing of any such financing statement does not constitute notice for the purposes of this section. For the purposes of this subsection, the term “mortgagee of record” means the person named as the mortgagee in the recorded mortgage or, if an assignment of the mortgage has been recorded in accordance with this section, the term “mortgagee of record” means the assignee named in the recorded assignment.

History.—s. 1, ch. 6909, 1915; RGS 3841; CGL 5744; s. 13, ch. 20954, 1941; s. 2, ch. 89-41; s. 20, ch. 2005-241.

F.S. 701.02 on Google Scholar

F.S. 701.02 on Casetext

Amendments to 701.02

Arrestable Offenses / Crimes under Fla. Stat. 701.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 701.02.

Annotations, Discussions, Cases:

Cases Citing Statute 701.02

Total Results: 20

Jane Jeischa Aldana Perez, as Personal Representative of the Estate of Jhourdan Hernandez v. Gregory Tony as Sherriff of Broward County

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: suspected insurance fraud scheme under section 932.701(2)(a)5., Florida Statutes (2022); and second, because

THE BANK OF NEW YORK MELLON, etc. v. TIMOTHY M. KARDOK a/k/a TIMOTHY KARDOK

Court: District Court of Appeal of Florida | Date Filed: 2023-06-21

Snippet: therefore “meaningless” under sections 701.01 and 701.02(5), Florida Statutes (2016). However, this argument

JACQUELINE VARNER vs BRIAN VARNER

Court: District Court of Appeal of Florida | Date Filed: 2023-02-17

Snippet: reversible error. See Nunes v. Nunes, 112 So. 3d 696, 701–02 (Fla. 4th DCA 2013). Furthermore, because

JOHN AFFENITA PRO THOTICS TECHNOLOGY, INC. ADVANCED BIOCEUTICALS LIMITED, LLC NASS VALLEY GATEWAY, LTD. MARGARET AFFENITA v. HOWARD I. STORFER

Court: District Court of Appeal of Florida | Date Filed: 2023-01-18

Snippet: “[q]uestions of law . . . are reviewed de novo.” Id. at 701-02. We agree with Appellants that the trial court

MARTIN J. ZARCADOOLAS v. GREGORY TONY, as Sheriff of Broward County

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: “contraband articles” under sections 932.701(2)(a)2. and 932.701(2)(a)5. See § 932.703(2), Fla. Stat. (2020)

UNITED AUTOMOBILE INSURANCE COMPANY, etc. v. G & O REHABILITATION CENTER, INC., A/A/O MIREDY DIEGUEZ MORENO

Court: District Court of Appeal of Florida | Date Filed: 2022-09-14

Snippet: U.S. Sec. Ins. Co. v. Cimino, 754 So. 2d 697, 701–02 (Fla. 2000)). The trial court erroneously

GULAM JAFFER v. 153 REHC LLC, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-06-01

Snippet: So. 3d 304, 307 (Fla. 3d DCA 2016) (“‘[Section] 701.02’s recording requirement is applicable only to

PATRICIA ASH v. IN RE: GUARDIANSHIP OF AARON ASH

Court: District Court of Appeal of Florida | Date Filed: 2021-12-15

Snippet: Contractors, Inc. v. United Const. Corp., 187 So. 2d 695, 701-02 (Fla. 2d DCA 1966). Here, equitable estoppel

CARLOS ENRIQUE LUNA LAM v. UNIVISION COMMUNICATIONS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-10-13

Snippet: (quoting Michel v. NYP Holdings, Inc., 816 F. 3d 686, 701–02 (11th Cir. 2016)). While it is true that

THE STATE OF FLORIDA v. IN RE: FORFEITURE OF $133,888.00 IN U.S. CURRENCY

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

Snippet: traced to a specific narcotics transaction.” § 932.701(2)(a)(1), Fla. Stat. The State must show, “the information

ERIC READON v. WPLG, LLC

Court: District Court of Appeal of Florida | Date Filed: 2021-04-14

Snippet: malice. Michel v. NYP Holdings, Inc., 816 F.3d 686, 701–02 (11th Cir. 2016). Readon failed to plead

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2019 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2020-01-09

Snippet: 39.407(6)(g)2., 39.6251(2)(e), 39.6251(6), 39.701(2)(d), and 39.701(4), Fla. Stat., effective July 1

ANAMARIE M. SCHROEDER A/K/A ANAMARIA M. SCHROEDER, etc. v. MTGLQ INVESTORS, L.P.

Court: District Court of Appeal of Florida | Date Filed: 2019-09-18

Snippet: Toler v. Bank of Am. Nat’l Ass’n, 78 So. 3d 699, 701-02 (Fla. 4th DCA 2012) (citing Cont’l Cas. Co. v.

NICO GALLO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-04-10

Citation: 272 So. 3d 418

Snippet: sentences. See, e.g., U.S. v. Pressley, 790 F.3d 699, 701-02 (7th Cir. 2015) (involving

MARIA SERRET TEJADA v. FORFEITURE OF 2015 CADILLAC ESCALADE VIN NO: 1GYS4BKJ5FR157228

Court: District Court of Appeal of Florida | Date Filed: 2019-04-03

Citation: 267 So. 3d 1032

Snippet: Florida Contraband Forfeiture Act. § 932.701(2)(a)5., Fla. Stat. (2016). The statute does not require

R.J. Reynolds Tobacco Co. v. Diane Schleider, Etc.

Court: District Court of Appeal of Florida | Date Filed: 2018-12-26

Citation: 273 So. 3d 63

Snippet: Reynolds Tobacco Co. v. Odom, 210 So. 3d 696, 701-02 (Fla. 4th DCA 2016) (“In the tobacco context, we

In Re: Amendments to the Florida Rules of Juvenile Procedure - 2018 Fast-Track Report

Court: Supreme Court of Florida | Date Filed: 2018-07-19

Citation: 249 So. 3d 1175

Snippet: ch. 2018-103, § 12, Laws of Fla. (amending § 39.701(2)(d)(5), Fla. Stat. (2017) ). A new paragraph

BLOK BUILDERS, LLC d/b/a IKON BUILDERS v. PEDRO KATRYNIOK, MASTEC NORTH AMERICA, INC

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 245 So. 3d 779

Snippet: v. Bank of America, Nat’l Ass’n, 78 So. 3d 699, 701-02 (Fla. 4th DCA 2012).

A. R. v. DEPT. OF CHILDREN & FAMILIES

Court: District Court of Appeal of Florida | Date Filed: 2018-03-16

Citation: 239 So. 3d 1266

Snippet: copies of the report on all parties"); § 39.701(2)(b)(1) (requiring that the parent "must be

STATE OF FLORIDA v. DESTINEY LEE BEERY

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 244 So. 3d 339

Snippet: absconded from her probation. See Hicks, 214 So. 3d at 701-02 ("Accordingly, we reverse and remand to the