The 2023 Florida Statutes (including Special Session C)
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. . . , ARR filed a verified four-count complaint against Bautista REO alleging: (1) violation of section 701.04 . . . temporary injunction enjoining Bautista REO from continuing to violate sections 687.04, 687.071, and 701.04 . . .
. . . Here, section 701.04, Florida Statutes, regulates estoppel letters in the mortgage context. . . . Specifically, upon request by the mortgagee, section 701.04 requires a mortgagee to provide a mortgagor . . . Foundation Health, 932 So.2d 214 (Fla. 4th DCA 2005). . § 701.04, Fla. Stat. . § 701.04(1), Fla. . . .
. . . Shelton relies on section 701.04, Florida Statutes (2014): Cancellation of mortgages, liens, and judgments . . . Moreover, the Bank’s alleged failure to comply with section 701.04 is not a basis to set aside the sale . . .
. . . Whitburn' claimed that Wells Fargo failed to provide an estoppel letter in accordance with section 701.04 . . . status as record title owner of the property and alleging that Wells Fargo failed to comply with section 701.04 . . .
. . . changed to remove unnecessary language and to include the acknowledanent required bv sections 695.03 and 701.04 . . .
. . . Nack Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which . . . Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984) (stating “Section 701.04 is a statute in derogation of . . . Section 701.04 does not specify the mechanism by which the attorney’s fees are requested and awarded, . . .
. . . See § 701.04(1), Fla. . . .
. . . SOURCE: Section 55.141 and 701.04 Florida Statutes (40052007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES . . . SOURCE: Section 55.141 and 701.04 Florida Statutes (49952007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES . . .
. . . Section 701.04(1), Florida Statutes (2003), specifies that: Whenever the amount of money due on any mortgage . . . The intention to contravene a controlling Florida statute, section 701.04(1), will not be given effect . . .
. . . case is inapplicable here because their representatives followed the procedures set forth in section 701.04 . . . We reject New Millennial and BB & T’s argument because the procedures outlined in section 701.04 were . . . Section 701.04 provides, in relevant part: Cancellation of mortgages, liens, and judgments.— (1) Within . . . written request for an estoppel letter related to the two recorded mortgages, as required by section 701.04 . . . ... duly entered, of record in the book provided by law for such, purposes in the proper county.” § 701.04 . . .
. . . . § 701.04(1) (2006). . . . based on fraud, undue influence, breach of confidential relationship or other appropriate grounds,” § 701.04 . . .
. . . See § 701.04(1), Fla. Stat. (2005). . . . . Section 701.04(1), Florida Statutes, provides in pertinent part (emphasis added): Whenever the amount . . .
. . . independent from Bernhard’s obligation to provide estoppel information to Edward pursuant to section 701.04 . . . Edward claimed attorney’s fees in this action pursuant to section 701.04. . . .
. . . Consulting, Ltd., in violation of section 701.04, Florida Statutes (2005), failed to timely respond to . . . Section 701.04 provides in part: (1) Within 14 days after receipt of the written request of a mortgagor . . .
. . . See § 701.04(1), Fla. . . .
. . . because the Daleys failed to satisfy the foreclosure judgment pursuant to Florida Statutes section 701.04 . . . On appeal, MERS argues that section 55.141 is inapplicable to foreclosure judgments and that section 701.04 . . . In contrast, section 701.04 directs the mortgagor to request in writing the amount of the unpaid principal . . . requested payoff information, there was no evidence they made a written request in accordance with section 701.04 . . .
. . . They contended that, pursuant to the authority in section 701.04, Florida Statutes (2002), they were . . . In the Sheltons’ motion for costs and fees, they pleaded only the applicability of section 701.04. . . . We find that section 701.04 does not provide authority for the award of costs and attorney’s fees in . . . This rule of strict construction has been specifically applied to section 701.04. See Atl. . . . Under such strict construction, section 701.04 would apply only to the mortgagor, in this case Ms. . . .
. . . The difficulty arises because, prior to a judicial determination under section 701.04, there is no definitive . . .
. . . Moore et al., Moore’s Federal Practice § 701.04[1] (3d ed.1997). . . . Moore et ah, Moore’s Federal Practice § 701.04[3]. . . .
. . . Section 701.04(1), Florida Statutes, requires a mortgagee to execute and record a satisfaction of the . . .
. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .
. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .
. . . The Borrowers then moved, pursuant to section 701.04(1), Florida Statutes (1997), for an order compelling . . .
. . . Wisconsin Statute § 701.04 provides that “if title to property is transferred to one person and all or . . . The bankruptcy court noted that § 701.04(1), Wis.Stat., has abolished purchase money resulting trusts . . .
. . . In support of his Motion the Debtor relies on section 701.04, Florida Statutes (1994). . . . In the present matter under consideration, the Debtor contends that section 701.04 of the Florida Statutes . . . Section 701.04 is not applicable to the case at hand because the Debtor did not make a voluntary payment . . . Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984), the Court of Appeal held that under section 701.04, . . . The Court noted that the operation of section 701.04 is confined to civil actions “brought by a person . . .
. . . Darin, Jr.’s letter of June 20, 1990, Request is hereby made, pursuant to Section 701.04, Florida Statutes . . .
. . . See § 701.04, Fla.Stat. (1991). Affirmed. JORGENSON, J., concurs. . . .
. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .
. . . . § 701.04 which provides, in pertinent part, as follows: Whenever the amount of money due on any mortgage . . .
. . . party in an action initiated by Autilio against Bowden to cancel a judgment lien pursuant to section 701.04 . . . The parties filed motions for attorney’s fees pursuant to section 701.04, and it then became the trial . . . Second, if, before invoking section 701.04, Autilio had initiated an action for an accounting or a declaratory . . . On appeal both parties seek an award of fees pursuant to section 701.04. . . . Section 701.04, Florida Statutes (1991) provides: Cancellation of mortgages, liens, and judgments. — . . .
. . . III.Rev.Stat. ch. 1112/3, ¶¶ 702.20 (99, 701.04). . . .
. . . The trial court also granted the Gonzalezes request for attorney’s fees and costs pursuant to Section 701.04 . . . Section 701.04, Florida Statutes (1991), authorizes the awarding of attorney’s fees and costs whenever . . . Section 701.04 also provides that “[wjithin 60 days of the date of receipt of the full payment of the . . . Tworoger, 448 So.2d 616 (Fla. 3d DCA 1984) (section 701.04 confined to actions brought by parties who . . .
. . . Stat. 111/3, ¶ 701.04; Will, 109 S.Ct. at 2311. . . . .
. . . that the trial court did award appellees attorney’s fees in the prior litigation pursuant to section 701.04 . . . attorney’s fees therein by appel-lees was not based upon any contractual right, but rather on section 701.04 . . . essentially held that appel-lees never had a cause of action to recover attorney’s fees pursuant to section 701.04 . . . it appears clear that, since appellees never had any claim for attorney’s fees pursuant to section 701.04 . . .
. . . necessary until the duly elected trustee or designated trustee is qualified. 4 Collier on Bankruptcy ¶ 701.04 . . .
. . . s claim for voting purposes since he is the representative of the estate, 4 Collier on Bankruptcy § 701.04 . . .
. . . . § 701.04. . . .
. . . However, he fails to realize that § 701.04(1) Wis.Stat. effectively abolishes purchase money resulting . . . such obligation was incurred, or became insolvent as a result of such transfer or obligation; ... . 701.04 . . .
. . . with little involvement in the more complex transactions of a liquidation case.” 4 Collier, supra, II 701.04 . . .
. . . with little involvement in the more complex transactions of a liquidation case.” 4 Collier, supra, II 701.04 . . .
. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .
. . . Attorney’s fees were also awarded to appellees pursuant to section 701.04. . . . Finally, we address the award of attorney’s fees to appellees under section 701.04. . . . Therefore, section 701.04 is not applicable as this was a negotiated release of judgment rather than . . .
. . . portion of the order and final judgment which awarded attorneys’ fees to the appellees under Section 701.04 . . . Section 701.04 is a statute in derogation of the common law and must be strictly construed. . . . It has, accordingly, been held that the attorneys’ fees provision of Section 701.04 which became effective . . . In our view, “a civil action arising out of the provisions” of Section 701.04, the express predicate . . . The statute provides: "701.04 Cancellation of mortgages, liens, and judgments. — Whenever the amount . . .
. . . We affirm the action of the trial court dismissing Lashinsky’s suit because we agree that section 701.04 . . .
. . . . § 701.04(1): If title to property is transferred to one person and all or part of the purchase price . . .
. . . See also ¶ 701.04. . . .
. . . The mortgagor claimed fees pursuant to Section 701.04 of the Florida Statutes as amended in 1980. . . . Affirmed. . 701.04 Cancellation of mortgages, liens, and judgments. . . .
. . . . § 701.04(2) (West 1978), a creditor can enforce a resulting trust against property for which the debtor . . .
. . . Sections 28.22, 701.04 and 695.03, F.S.1967, F.S.A. . . .
. . . Section 701.04 Fla.Stat., F.S.A. provides that “whenever the amount of money due on any mortgage, lien . . .
. . . Florida has a statute (§ 701.04, Fla.Stat., F.S.A.) which deals with judgments, mortgages and liens paid . . .
. . . Defendants’ counsel stipulated $16,-701.04 in checks from Bernard to Helen was deposited in Helen’s special . . .