Florida Statute 702.04 - 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. 702.04

702.04 Mortgaged lands in different counties.—When a mortgage includes lands, railroad track, right-of-way, or terminal facilities and station grounds, lying in two or more counties, it may be foreclosed in any one of said counties, and all proceedings shall be had in that county as if all the mortgaged land, railroad track, right-of-way, or terminal facilities and station grounds lay therein, except that notice of the sale must be published in every county wherein any of the lands, railroad track, right-of-way, or terminal facilities and station grounds to be sold lie. After final disposition of the suit, the clerk of the circuit court shall prepare and forward a certified copy of the decree of foreclosure and sale and of the decree of confirmation of sale to the clerk of the circuit court of every county wherein any of the mortgaged lands, railroad tracks, right-of-way, or terminal facilities and station grounds lie, to be recorded in the foreign judgment book of each such county, and the costs of such copies and of the record thereof shall be taxed as costs in the cause.

History.—RS 1989; s. 1, ch. 4420, 1895; GS 2503; s. 1, ch. 7339, 1917; RGS 3846; CGL 5749.

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Amendments to 702.04

Annotations, Discussions, Cases:

Cases Citing Statute 702.04

Total Results: 8

Berry v. CSX Transp., Inc.

709 So. 2d 552, 1998 WL 85601

District Court of Appeal of Florida | Filed: Mar 3, 1998 | Docket: 1682130

Cited 26 times | Published

applicability of Frye." Ehrhardt, Florida Evidence § 702.4 (1997 Edition). Flanagan was followed by the court's

Lee v. Resor

348 F. Supp. 389, 4 ERC 1579, 2 Envtl. L. Rep. (Envtl. Law Inst.) 20665, 4 ERC (BNA) 1579, 1972 U.S. Dist. LEXIS 11986

District Court, M.D. Florida | Filed: Sep 14, 1972 | Docket: 1856558

Cited 14 times | Published

Ct. 651, 19 L.Ed.2d 787 (1968). [3] 5 U.S.C. § 702. [4] Association of Data Processing Service Organizations

Hudlett v. Sanderson

715 So. 2d 1050, 1998 WL 422270

District Court of Appeal of Florida | Filed: Jul 29, 1998 | Docket: 1716943

Cited 5 times | Published

exception to this rule, found in Florida Statute § 702.04 (1995), provides that when a mortgage encumbers

Penton v. INTERCREDIT BANK, NA

943 So. 2d 863, 2006 Fla. App. LEXIS 19070, 2006 WL 3302543

District Court of Appeal of Florida | Filed: Nov 15, 2006 | Docket: 1527009

Cited 1 times | Published

exception to the local action rule, codified at section 702.04, Florida Statutes, which provides, in pertinent

Michael Klein v. 17121 Jade Ocean Condo, LLC

District Court of Appeal of Florida | Filed: Feb 5, 2025 | Docket: 69612575

Published

Charles W. Ehrhardt, 1 Fla. Prac., Florida Evidence § 702.4 (2022 ed.))); Gordon v. Smith, 615 So. 2d 843,

BARRY M. BRANT, as Trustee of THE OKEECHOBEE CC-1 LAND TRUST U/I/D 3/10/04 v. METROPOLITAN LIFE INSURANCE COMPANY and MLIC ASSET HOLDINGS, LLC

District Court of Appeal of Florida | Filed: Sep 16, 2020 | Docket: 18442796

Published

may be foreclosed in any one of said counties.” § 702.04, Fla. Stat. (2019).

Frym v. Flagship Community Bank

96 So. 3d 452, 2012 WL 3588483, 2012 Fla. App. LEXIS 13891

District Court of Appeal of Florida | Filed: Aug 22, 2012 | Docket: 60311522

Published

as if all the mortgaged land ... lay therein.” § 702.04, Fla. Stat. (2006). Finally, this exception can

601 West 26 Corp. v. Equity Capital Co.

177 So. 2d 739

District Court of Appeal of Florida | Filed: Aug 17, 1965 | Docket: 64493969

Published

located in both Dade and Broward counties. Section 702.04, Fla.Stat., F.S.A. requires that a notice of