Florida Statute 702.035 - Full Text and Legal Analysis

The 2025 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

Annotations, Discussions, Cases:

Cases Citing Statute 702.035

Total Results: 5

In Re Holywell Corporation, Debtor. (Two Cases) Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York, Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York

911 F.2d 1539, 66 A.F.T.R.2d (RIA) 5625, 1990 U.S. App. LEXIS 16366, 20 Bankr. Ct. Dec. (CRR) 1603

Court of Appeals for the Eleventh Circuit | Filed: Sep 18, 1990 | Docket: 826667

Cited 14 times | Published

appointed under 11 U.S.C. Sec. 1104 or section 702. 35 The legislative history of section

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

190 So. 3d 1087, 2015 Fla. App. LEXIS 18951, 2015 WL 9258474

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022463

Cited 3 times | Published

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

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704569

Cited 2 times | Published

(declining to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record

Shelton v. The Bank of New York Mellon

203 So. 3d 1003, 2016 Fla. App. LEXIS 16641

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486972

Cited 1 times | Published

it did not comply with section 702.035, Florida Statutes (2014). Section 702.035, titled “Legal notice

Davis v. Karr

264 So. 3d 279

District Court of Appeal of Florida | Filed: Jan 25, 2019 | Docket: 64704570

Published

(declining to consider constitutional challenge to section 702.035, Florida Statutes, because there was no record