Florida Statutes
Fla. Stat. § 701.04 (2025)
Cancellation of mortgages, liens, and judgments.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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701.04 Cancellation of mortgages, liens, and judgments.—
(1)(a) Within 10 days after receipt of the written request of a mortgagor, a record title owner of the property, a fiduciary or trustee lawfully acting on behalf of a record title owner, or any other person lawfully authorized to act on behalf of a mortgagor or record title owner of the property, the mortgagee or mortgage servicer shall send or cause to be sent an estoppel letter setting forth the unpaid balance of the loan secured by the mortgage. If the written request is made by a person other than the mortgagor, the request must include a copy of the instrument showing such person’s title in the property or other lawful authorization, and the mortgagee or mortgage servicer must notify the mortgagor of the request.
(b) The estoppel letter must at a minimum include:
1. The unpaid balance of the loan secured by the mortgage as of the date specified in the estoppel letter, including an itemization of the principal, interest, and any other charges comprising the unpaid balance; and
2. Interest accruing on a per-day basis for the unpaid balance from and after the date specified in the estoppel letter, if applicable.
(c)1. Except for mortgages for which a notice of lis pendens in a foreclosure action or a suggestion of bankruptcy has been properly filed and recorded, the mortgagee or mortgage servicer may not qualify, reserve the right to change, or condition or disclaim the reliance of others on the information provided in an estoppel letter under paragraph (b), and any attempt to do so is void and unenforceable. However, if the mortgagee or mortgage servicer determines that any of the information provided in the estoppel letter under paragraph (b) was inaccurate, the mortgagee or mortgage servicer may send a corrected estoppel letter to the person who requested the estoppel letter in the same manner as used to respond to the original written request. If the original written request is made by a person other than the mortgagor, the mortgagee or mortgage servicer must also provide a copy of any corrected estoppel letter to the mortgagor.
2. If the person who requested the original estoppel letter under paragraph (a) receives a corrected estoppel letter by 3 p.m. in such person’s time zone at least 1 business day before a payment is issued in reliance on the previous estoppel letter, the corrected estoppel letter supersedes all prior estoppel letters.
3. If any of the information provided in the estoppel letter under paragraph (b) was inaccurate, but the person who requested the estoppel letter did not timely receive a corrected estoppel letter as provided in subparagraph 2., the mortgagee or mortgage servicer may not deny the accuracy of such information as against any person who relied on it. This subparagraph does not affect the right of a mortgagee to recover any sum that it did not include in an estoppel letter from any person liable for payment of the loan or other obligations secured by the mortgage, nor does it limit any claim or defense to recovery which such person may have at law or in equity.
(d) The mortgagee or mortgage servicer acting in accordance with a request in substantial compliance with this subsection is expressly discharged from any obligation or liability to any person on account of the release of the requested information, other than the obligation to comply with the terms of the estoppel letter.
(e) If a payment is received at the location and in the manner specified by the mortgagee or mortgage servicer, the mortgagee or mortgage servicer must accept and may not return any payment received in reliance on an estoppel letter and must promptly apply such payment to the unpaid balance of the loan properly due under or secured by the mortgage.
(f)1. A written request for an estoppel letter under paragraph (a) must be sent to the mortgagee or mortgage servicer by first-class mail, postage prepaid; by common carrier delivery service; or by e-mail, facsimile, or other electronic means at the address made available by the mortgagee or mortgage servicer for such purpose or through an automated system provided by the mortgagee or mortgage servicer for requesting an estoppel letter. The written request is considered received by the mortgagee or mortgage servicer:
a. Five business days after the request sent by first-class mail is deposited with the United States Postal Service;
b. The day the request is delivered by a common carrier delivery service; or
c. The day the request is sent by e-mail, facsimile, or other electronic means or through an automated system provided by the mortgagee or mortgage servicer for requesting an estoppel letter.
If any of the days in sub-subparagraph a., sub-subparagraph b., or sub-subparagraph c. fall on a Saturday, Sunday, or holiday specified in s. 110.117(1) or the laws of the United States, the request for an estoppel letter is considered timely received by the mortgagee or mortgage servicer on the next business day.
2. The mortgagee or mortgage servicer must send an estoppel letter by first-class mail, postage prepaid; by common carrier delivery service; or by e-mail, facsimile, or other electronic means, as directed in the written request, or through an automated system provided by the mortgagee or mortgage servicer for this purpose. However, the mortgagee or mortgage servicer is not required to pay for a common carrier delivery service. If the 10-day period after a written request is received by the mortgagee or mortgage servicer ends on a Saturday, Sunday, or holiday specified in s. 110.117(1) or the laws of the United States, the estoppel letter is considered timely if it is sent by the close of business on the next business day.
(g) Notwithstanding s. 655.059, a mortgagee or mortgage servicer may provide the financial information required under this subsection to a person authorized under this subsection to request the financial information.
(2)(a) Within 60 days after the unpaid balance of a loan secured by a mortgage has been fully paid or paid pursuant to an estoppel letter under subsection (1), whichever is earlier, the mortgagee or mortgage servicer shall execute in writing an instrument acknowledging release of the mortgage; have the instrument acknowledged, or proven, and send it or cause it to be sent for recording in the official records of the proper county; and send or cause to be sent the recorded release to the mortgagor or record title owner of the property. The prevailing party in a civil action brought against the mortgagee or mortgage servicer to enforce the requirements of this paragraph is entitled to reasonable attorney fees and costs.
(b) The recorded release of the mortgage does not relieve the mortgagor, or the mortgagor’s successors or assigns, from any personal liability on the loan or other obligations previously secured by the mortgage.
(3) Within 60 days after the unpaid balance on a lien or judgment has been fully paid to the person entitled to the payment thereof, the creditor or assignee, or the attorney of record in the case of a judgment, to whom the payment was made shall execute in writing an instrument acknowledging satisfaction of the lien or judgment; have the instrument acknowledged, or proven, and send it or cause it to be sent for recording in the official records of the proper county; and send or cause to be sent the recorded satisfaction to the person who has made the full payment. The prevailing party in a civil action brought against the creditor or assignee, or the attorney of record in the case of a judgment, to enforce the requirements of this subsection is entitled to reasonable attorney fees and costs.
(4) When a writ of execution has been issued, docketed, and indexed with a sheriff and the judgment upon which it was issued has been fully paid, it is the responsibility of the person receiving payment to request, in writing, addressed to the sheriff, return of the writ of execution as fully satisfied.
History.—s. 1, ch. 4138, 1893; s. 1, ch. 4918, 1901; GS 2500; RGS 3843; CGL 5746; s. 1, ch. 80-17; s. 15, ch. 93-250; s. 12, ch. 94-170; s. 8, ch. 2007-44; s. 1, ch. 2012-49; s. 1, ch. 2023-135.
Notes of Decisions
Cited in 41
cases (10 in the last 5 years), 1962–2026 · leading case: Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087 (Fla. 2d DCA 2015).
Whitburn, LLC v. Wells Fargo Bank, N.A., 190 So. 3d 1087 (Fla. 2d DCA 2015). “In its motion to cancel sale in Wells Fargo’s case, Whitburn' claimed that Wells Fargo failed to provide an estoppel letter in accordance with section 701.04, Florida Statutes (2014), thus abrogating Whitburn’s right to redeem the property prior to sale.”
JP Morgan Chase v. New Millennial, LC, 6 So. 3d 681 (Fla. 2d DCA 2009). “3 Next, New Millennial and BB & T posit that even if this court agrees with the reasoning and holding of In re Halabi, that case is inapplicable here because their representatives followed the procedures set forth in section 701.04 by obtaining a computer printout furnished by…”
Shelton v. The Bank of New York Mellon, 203 So. 3d 1003 (Fla. 2d DCA 2016). “Shelton contends that the court erred in denying his motion to set aside the sale because the Bank failed to provide him with an estop-pel letter which would allow him to exercise his right of redemption.”
Nack Holdings, LLC v. Kalb, 13 So. 3d 92 (Fla. 3d DCA 2009). “Section 701.04(1), Florida Statutes (2003), specifies that: Whenever the amount of money due on any mortgage, lien, or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor, or assignee, or the attorney of record in the case…”
Atl. Nat. Bk. of Fla. v. Tworoger, 448 So. 2d 616 (Fla. 3d DCA 1984). “On the main appeal, we reverse that portion of the order and final judgment which awarded attorneys' fees to the appellees under Section 701.04, Florida Statutes (1983); on the cross-appeal, we affirm that portion of the order and final judgment which refused to award attorneys'…”
Bautista Reo U.s., LLC v. Arr Investments, Inc., 229 So. 3d 362 (Fla. 4th DCA 2017). “• Subsequently, ARR filed a verified four-count complaint against Bautista REO alleging: (1) violation of section 701.04(1), Florida Statutes (2016); (2) interference *364 with a contractual relationship, including a request for injunctive relief to enjoin Bau-tista REO from…”
Blanton v. City of Pinellas Park, 887 So. 2d 1224 (Fla. 2004). “In contrast, as noted by the Real Property, Probate and Trust Law Section of the Florida Bar [7] in its amicus brief, "applying MRTA and its thirty-year clock to section 704.01(2) does not work.”
Kalb v. Nack Holding, LLC, 79 So. 3d 175 (Fla. 3d DCA 2012). “Nack Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which requires timely recording of satisfactions of judgment.”
Olsen v. O'connell, 466 So. 2d 352 (Fla. 2d DCA 1985). “01; Florida Statutes (1983)? Third, do appellees have standing as third party beneficiaries to seek specific performance of appellants' agreement with the Kumicks, the sellers of the property? Fourth, did the trial court improperly rule on a garnishment matter which was not…”
Eckert Realty Corp. v. Eckert, 941 So. 2d 426 (Fla. 4th DCA 2006). “The court found that Edward’s obligation to pay on the mortgages was separate and independent from Bernhard’s obligation to provide estoppel information to Edward pursuant to section 701.04, Florida Statutes. Edward’s obligation to make the payments on the notes and mortgages…”
Rissman v. Kilbourne, 643 So. 2d 1136 (Fla. 1st DCA 1994). “'s letter of June 20, 1990, Request is hereby made, pursuant to Section 701.04, Florida Statutes, that First American Title agree to accept the sum of 8,450.”
Esque Real Est. Hold. v. Ch Consulting, 940 So. 2d 1185 (Fla. 4th DCA 2006). “, in violation of section 701.04, Florida Statutes (2005), [1] failed to timely respond to a title company's two written requests for estoppel letters on their behalf.”
— 701.04(1) — 13 cases
Nack Holdings, LLC v. Kalb, 13 So. 3d 92 (Fla. 3d DCA 2009). “Section 701.04(1), Florida Statutes (2003), specifies that: Whenever the amount of money due on any mortgage, lien, or judgment shall be fully paid to the person or party entitled to the payment thereof, the mortgagee, creditor, or assignee, or the attorney of record in the case…”
Bautista Reo U.s., LLC v. Arr Investments, Inc., 229 So. 3d 362 (Fla. 4th DCA 2017). “• Subsequently, ARR filed a verified four-count complaint against Bautista REO alleging: (1) violation of section 701.04(1), Florida Statutes (2016); (2) interference *364 with a contractual relationship, including a request for injunctive relief to enjoin Bau-tista REO from…”
JP Morgan Chase v. New Millennial, LC, 6 So. 3d 681 (Fla. 2d DCA 2009). “3 Next, New Millennial and BB & T posit that even if this court agrees with the reasoning and holding of In re Halabi, that case is inapplicable here because their representatives followed the procedures set forth in section 701.04 by obtaining a computer printout furnished by…”
Feinstein v. New Bethel Missionary Baptist, 938 So. 2d 562 (Fla. 3d DCA 2006).
The Florida Bar v. Walton, 952 So. 2d 510 (Fla. 2006).
— 701.04(1)(a) — 4 cases
Safe Harbor Equity Distressed Debt Fund 3, L.P. v. 9775 Dixie LLC (Fla. 3d DCA 2024).
E-Z Cashing, LLC v. Ferry (M.D. Fla. 2023).
Sanz v. Newrez LLC (S.D. Fla. 2025).
Jhonny Taborda v. Freedom Mortg. Corp. (S.D. Fla. 2026).
— 701.04(1)(b)(1) — 1 case
Jhonny Taborda v. Freedom Mortg. Corp. (S.D. Fla. 2026).
— 701.04(1)(b)(3) — 1 case
CWELT-2008 Series 1045 LLC v. PHH Corp. (S.D. Fla. 2020).
— 701.04(2) — 2 cases
2000 Presidential Way LLC v. The Bank of New York Mellon, First Banks, Inc., & Mortg. Elec. Reg. Sys. (Fla. 4th DCA 2021).
Jhonny Taborda v. Freedom Mortg. Corp. (S.D. Fla. 2026).
— 701.04(2)(a) — 1 case
Jhonny Taborda v. Freedom Mortg. Corp. (S.D. Fla. 2026).
— 701.04(3) — 1 case
Jhonny Taborda v. Freedom Mortg. Corp. (S.D. Fla. 2026).
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