Florida Statute 702.036 | 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. 702.036

702.036 Finality of foreclosure judgment.—

(1) As used in this section, the term “property” means real property.

(2)(a) In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage or other lien, or to establish or reestablish a lien or encumbrance on the property in abrogation of the final judgment of foreclosure of a mortgage or other lien, the court shall treat such request solely as a claim for monetary damages and may not grant relief that adversely affects the quality or character of the title to the property, if:

1. The party seeking relief from the final judgment of foreclosure of the mortgage or lien was properly served in the foreclosure lawsuit as provided in chapter 48 or chapter 49.

2. The final judgment of foreclosure of the mortgage or lien was entered as to the property.

3. All applicable appeals periods have run as to the final judgment of foreclosure of the mortgage or lien with no appeals having been taken or any appeals having been finally resolved.

4. The property has been acquired for value, by a person not affiliated with the foreclosing mortgageholder, the foreclosing lienholder, or the foreclosed owner, at a time in which no lis pendens regarding the suit to set aside, invalidate, or challenge the foreclosure appears in the official records of the county where the property was located.

(b) This subsection does not limit the right to pursue any other relief to which a person may be entitled, including, but not limited to, compensatory damages, punitive damages, statutory damages, consequential damages, injunctive relief, or fees and costs, which does not adversely affect the ownership of the title to the property as vested in the unaffiliated purchaser for value.

(3) For purposes of this section, the following, without limitation, shall be considered persons affiliated with the foreclosing mortgageholder or foreclosing lienholder:

(a) The foreclosing mortgageholder, the foreclosing lienholder, or any loan servicer for the mortgage or lien being foreclosed;

(b) Any past or present owner or holder of the mortgage or lien being foreclosed;

(c) Any maintenance company, holding company, foreclosure services company, or law firm under contract to any entity listed in paragraph (a), paragraph (b), or this paragraph, with regard to the mortgage or lien being foreclosed; or

(d) Any parent entity, subsidiary, or other person who directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, any entity listed in paragraph (a), paragraph (b), or paragraph (c).

(4) After foreclosure of a mortgage based upon the enforcement of a lost, destroyed, or stolen note, a person who is not a party to the underlying foreclosure action but who claims to be the person entitled to enforce the promissory note secured by the foreclosed mortgage has no claim against the foreclosed property after it is conveyed for valuable consideration to a person not affiliated with the foreclosing lender or the foreclosed owner. This section does not preclude the person entitled to enforce the promissory note from pursuing recovery from any adequate protection given pursuant to s. 673.3091 or from the party who wrongfully claimed to be the person entitled to enforce the promissory note under s. 702.11(2) or otherwise, from the maker of the note, or from any other person against whom it may have a claim relating to the note.

(5) If a party seeks relief from a final judgment foreclosing a mortgage or lien, or files a separate action attacking such a final judgment, and the party claims that it holds or held a lien superior in right, priority, or dignity to the mortgage or lien foreclosed in the judgment, the court must award reasonable attorney fees to the party prevailing on the claim. This subsection applies whether the litigation seeking relief from the final judgment occurs in the case in which the judgment was entered or in any separate case or proceeding.

History.—s. 4, ch. 2013-137; s. 3, ch. 2023-215.

F.S. 702.036 on Google Scholar

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Amendments to 702.036

Arrestable Offenses / Crimes under Fla. Stat. 702.036

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.036.

Annotations, Discussions, Cases:

Cases Citing Statute 702.036

Total Results: 15

SHIRLEY SUTTON v. WILMINGTON TRUST, N.A., etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-03-29

Snippet: the successful bidders’ contention that section 702.036, Florida Statutes (2019), bars relief, as this

SHIRLEY SUTTON v. WILMINGTON TRUST, NATIONAL ASSOCIATION, etc.

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: the successful bidders’ contention that section 702.036, Florida Statutes (2019), bars relief. This argument

CRIMSON 27, LLC v. TAYLOR MADE LENDING, LLC, AND KALVAITIS HOLDINGS, LLC

Court: District Court of Appeal of Florida | Date Filed: 2022-06-08

Snippet: Warehouse, Inc., 957 So. 2d at 666. See also § 702.036(1), Fla. Stat. Accordingly, we reverse in

LAZARA A. RODRIGUEZ v. THE BANK OF NEW YORK MELLON, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-09-22

Snippet: motion for rehearing of its order finding section 702.036, Florida Statutes (2013) constitutional and granting

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

Court: District Court of Appeal of Florida | Date Filed: 2021-09-03

Snippet: rights regarding the construction of section 702.036(1)(a), Florida Statutes (2017), which governs

VISTA FINANCIAL GROUP, LLC AND ALLA POLISHKO v. THE BANK OF NEW YORK MELLON, etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-07-28

Snippet: Finality of Mortgage Foreclosure statute, section 702.036, Florida Statutes (2019). The statute provides

WELLS FARGO BANK, N.A. v. CHI PENG TAN

Court: District Court of Appeal of Florida | Date Filed: 2021-05-05

Snippet: reasonable time; and, alternatively, that section 702.036, Florida Statutes (2019), precluded the relief

90 Cwelt-2008 v. Yacht Club at Portofino Condo Assoc.

Court: District Court of Appeal of Florida | Date Filed: 2018-04-25

Citation: 245 So. 3d 925

Snippet: the property in a foreclosure sale (see section 702.036, Fla. Stat. (2017)), this applies only where the

Nationstar Mortgage, LLC v. Diaz

Court: District Court of Appeal of Florida | Date Filed: 2017-09-20

Citation: 227 So. 3d 726, 2017 WL 4158855

Snippet: is not void, we - nonetheless . address section 702.036, Florida Statutes (2016),- titled “Finality of

Suzana Popescu v. Laguna Master Association, Inc., St. Michael Properties, LLC, Supreme Title & Escrow, Inc. and Fay S. Morrison

Court: District Court of Appeal of Florida | Date Filed: 2016-01-06

Citation: 184 So. 3d 1196, 2016 Fla. App. LEXIS 229

Snippet: a bonafide purchaser for value under sections 702.036 1 and 695.01, 2 Florida Statutes

Marsh v. Valyou

Court: Supreme Court of Florida | Date Filed: 2007-11-21

Citation: 977 So. 2d 543, 2007 WL 4124744

Snippet: M. Berger, Weinstein's Evidence ¶ 702[03], pp. 702-36 to 702-37 (1988) (hereinafter Weinstein & Berger)

Gulf Life Insurance Company v. Urquiaga

Court: District Court of Appeal of Florida | Date Filed: 1971-07-09

Citation: 251 So. 2d 904

Snippet: Wilson v. Wakulla Edgewater Co. (1948), 160 Fla. 702, 36 So.2d 440; Ponce v. Demos (1947), 159 Fla. 117

Hightower v. Bigoney

Court: District Court of Appeal of Florida | Date Filed: 1962-09-26

Citation: 145 So. 2d 505

Snippet: Wilson v. Wakulla Edgewater Co., 1948, 160 Fla. 702, 36 So.2d 440; 19 Am.Jur., Equity, §§ 10, 29. Thus

Welch v. Graves Bros.

Court: District Court of Appeal of Florida | Date Filed: 1960-01-13

Citation: 117 So. 2d 853

Snippet: Wilson v. Wakulla Edgewater Co., 1948, 160 Fla. 702, 36 So.2d 440, 441 as follows: “The adequacy of the

Title & Trust Co. of Fla. v. Title Guaranty & Abstract Co. of Sanford

Court: District Court of Appeal of Florida | Date Filed: 1958-06-04

Citation: 103 So. 2d 211, 1958 Fla. App. LEXIS 2881

Snippet: Wilson v. Wakulla Edgewater Co., 1948, 160 Fla. 702, 36 So.2d 440. In the case of Modernage Furniture Corp