Florida Statutes
Fla. Stat. § 702.01 (2025)
Equity.
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702.01 Equity.—All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.
Notes of Decisions
Cited in 38
cases (2 in the last 5 years), 1961–2024 · leading case: Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So. 2d 730 (Fla. 1991).
Haven Fed. Sav. & Loan Ass'n v. Kirian, 579 So. 2d 730 (Fla. 1991). “NOTES [1] Specifically, the amendments to § 702.01, Fla. Stat. (1987), were part of CS for HB 1153 which the legislature enacted during the 1987 session.”
Brindise v. U.S. Bank Nat'l Ass'n, 183 So. 3d 1215 (Fla. 2d DCA 2016). “§ 702.01, Fla. Stat. (2012-2014); see Singleton v.”
Kirian v. Haven Fed. Sav. & Loan Ass'n, 560 So. 2d 380 (Fla. 1st DCA 1990). “Appellants challenge a trial court order granting a motion to sever legal counterclaims from a foreclosure action under the authority of section 702.01, Florida Statutes (1987), which they claim violates the doctrine of separation of powers.”
David Failla v. Citibank, N.A., 838 F.3d 1170 (11th Cir. 2016). “See Fla. Stat. Ann. §§ 702.01-702.11 . Foreclosure proceedings ensure that debtors do not have to determine unilaterally issues of priority if there are multiple creditors or surplus if the value of the property exceeds the liability.”
Arsali v. Chase Home Fin. LLC, 121 So. 3d 511 (Fla. 2013). “See § 702.01, Fla. Stat. (2010) (Equity) (“All mortgages shall be foreclosed in equity.”
Oakbrooke Assocs., Ltd. v. INS. COM'R OF STATE OF CA., 581 So. 2d 943 (Fla. 5th DCA 1991). “270(b), the decision contains the following footnote: Specifically, the amendments to § 702.01, Fla. Stat. (1987), were part of CS for HB 1153 which the legislature enacted during the 1987 session.”
Royal Palm Sav. Ass'n v. Pine Trace Corp., 716 F. Supp. 1416 (M.D. Fla. 1989). “MOTION TO STRIKE DEMAND FOR JURY TRIAL AND SEVER AMENDED COUNTERCLAIM In this last motion, Plaintiff/Counter-Defendant relies on Section 702.01, Fla.Stat., which provides that: All mortgages shall be foreclosed in equity.”
Royal Palm Corp. Ctr. Ass'n v. PNC Bank, NA, 89 So. 3d 923 (Fla. 4th DCA 2012). “” § 702.01, Fla. Stat. (2008). “Historically, courts of equity came into being in order to provide a forum for the granting of relief in accordance with the broad principles of right and justice in cases where the restrictive technicalities of the law prevented the giving of…”
Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). “And section 702.01 provides that "[a]ll mortgages shall be foreclosed in equity.”
Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016). “See § 702.01 (“All mortgages shall be foreclosed in equity.”
Norris v. Paps, 615 So. 2d 735 (Fla. 2d DCA 1993). “§ 702.01, Fla. Stat. (1987). The Florida Supreme Court declared that statute unconstitutional as an infringement upon judicial power.”
Matter of Growers Props. No. 56 Ltd., 117 B.R. 1015 (Bankr. M.D. Fla. 1990). “Actually, the necessity for a receiver to collect rents is related to two aspects of mortgage law: a mortgagee had no right to possession of the property much less the right to collect rents; and rent assignments had historically been single clauses in mortgage documents.”
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