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

F.S. 702.036 on Casetext

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: 16

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

Court: Fla. Dist. Ct. App. | Date Filed: 2023-03-29T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2023-02-14T23:53:00-08:00

Snippet: the successful bidders’ contention that section 702.036, Florida Statutes (2019), bars relief. This argument…for relief from a judicial foreclosure sale. § 702.036(1)(a), Fla. Stat.

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-06-08T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-09-22T00:53:00-07:00

Snippet: motion for rehearing of its order finding section 702.036, Florida Statutes (2013) constitutional and granting…motion to dismiss the fraud action under section 702.036, the finality of judgment statute, and to lift… August 3, 2021, the trial court found section 702.036 constitutional, sustained Ms. Veytia’s objection…Motion for Rehearing of Order Finding Fla. Stat. § 702.036 Constitutional and Granting Vanessa Veytia’s Emergency…home—even if her arguments are meritorious. “[Section 702.036] provides that where title has passed to an innocent

FELIX SOTO v. CARROLLWOOD VILLAGE PHASE I I I

Court: Fla. Dist. Ct. App. | Date Filed: 2021-09-03T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2021-07-28T00:53:00-07:00

Snippet: Finality of Mortgage Foreclosure statute, section 702.036, Florida Statutes (2019). The statute provides …to dismiss, invoking the protection of section 702.036. Upon consideration of the motion to dismiss, …that the Tselesins met each element of section 702.036, affording them protection under the statute. …the trial court reasoned: First, because 702.036 refers to the purchase by a person not affiliated…] then no party could be protected under 702.036 which was calculated to protect third party

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

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-05T00:53:00-07:00

Snippet: . Section 702.036, Florida Statutes, Applies The circuit court relied on section 702.036, Florida …foreclosure suit, so section 702.036(1)(a)(1) is satisfied. Second, section 702.036(1)(a)(2) is satisfied because…reasonable time; and, alternatively, that section 702.036, Florida Statutes (2019), precluded the relief …because we agree with the circuit court that section 702.036 barred the court from granting relief that adversely…and alternatively, the court held that section 702.036, Florida Statutes (2019), precluded the relief

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-25T00:00:00-07:00

Citation: 245 So. 3d 925

Snippet: the property in a foreclosure sale (see section 702.036, Fla. Stat. (2017)), this applies only where the…as the trial court correctly concluded, section 702.036 is inapplicable and CWELT’s reliance upon it unwarranted

Nationstar Mortgage, LLC v. Diaz

Court: Fla. Dist. Ct. App. | Date Filed: 2017-09-20T00:00:00-07:00

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

Snippet: is not void, we - nonetheless . address section 702.036, Florida Statutes (2016),- titled “Finality of …foreclosure of a mortgage. Specifically, section 702.036(l)(a) provides: (l)(a) In any action or proceeding

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-01-06T00:00:00-08:00

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…KLINGENSMITH, JJ., concur. 1 . Section 702.036, Florida Statutes (2013), limits an action or proceeding

Whiley v. Scott

Court: Fla. | Date Filed: 2011-08-16T00:00:00-07:00

Citation: 79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900, 2011 WL 3568804

Snippet: Perry, Polston, Quince 16 August 2011 79 So. 3d 702, 36 Fla. L. Weekly Supp. 451, 2011 Fla. LEXIS 1900,

Marsh v. Valyou

Court: Fla. | Date Filed: 2007-11-20T23:53:00-08:00

Citation: 977 So. 2d 543

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

Gulf Life Insurance Company v. Urquiaga

Court: Fla. Dist. Ct. App. | Date Filed: 1971-07-09T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1962-09-26T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1960-01-13T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1958-06-04T00:00:00-07:00

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