Florida Statute 702.035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

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F.S. 702.035

702.035 Legal notice concerning foreclosure proceedings.—Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the petitioner or petitioner’s attorney to place such advertisement, publication, or notice. For counties with more than 1 million total population as reflected in the 2000 Official Decennial Census of the United States Census Bureau as shown on the official website of the United States Census Bureau, any notice of publication required by this section shall be deemed to have been published in accordance with the law if the notice is published in a newspaper that has been entered as a periodical matter at a post office in the county in which the newspaper is published, is published a minimum of 5 days a week, exclusive of legal holidays, and has been in existence and published a minimum of 5 days a week, exclusive of legal holidays, for 1 year or is a direct successor to a newspaper that has been in existence for 1 year that has been published a minimum of 5 days a week, exclusive of legal holidays. The advertisement, publication, or notice shall be placed directly by the attorney for the petitioner, by the petitioner if acting pro se, or by the clerk of the court. Only the actual costs charged by the newspaper for the advertisement, publication, or notice may be charged as costs in the action.

History.—s. 4, ch. 2001-215; s. 7, ch. 2006-175; s. 2, ch. 2007-185.

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Amendments to 702.035

Arrestable Offenses / Crimes under Fla. Stat. 702.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.035.

Annotations, Discussions, Cases:

Cases Citing Statute 702.035

Total Results: 6

Davis v. Karr

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-25T00:00:00-08:00

Citation: 264 So. 3d 279

Snippet: to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record

Davis v. Karr

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-25T00:00:00-08:00

Citation: 264 So. 3d 279

Snippet: to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record

Shelton v. The Bank of New York Mellon

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-09T00:00:00-08:00

Citation: 203 So. 3d 1003

Snippet: did not comply with section 702.035, Florida Statutes (2014). Section 702.035, titled “Legal notice concerning… . Although the issue of whether section 702.035 is an unconstitutional special law was argued at

Whitburn, LLC v. Wells Fargo Bank, N.A.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-18T00:00:00-08:00

Citation: 190 So. 3d 1087

Snippet: the notice of sale failed to comply with section 702.035, Florida Statutes (2014). On November 17, 2014,

Osceola Groves v. Wiley

Court: Fla. | Date Filed: 1955-01-27T23:53:00-08:00

Citation: 78 So. 2d 700

Snippet: expense of maintenance arose from approximately *702 $35.00 per acre unit in 1947 to more than $175.00 per

Read v. the Sirocco Co.

Court: Fla. | Date Filed: 1937-09-20T00:00:00-08:00

Citation: 176 So. 151, 129 Fla. 296

Snippet: Great Northern Railway Company v. Hower, 236 U.S. 702, 35 Sup. Ct. 465, 59 L. Ed. 798; Wadkins v. Producers