Florida Statutes
Fla. Stat. § 702.04 (2025)
Mortgaged lands in different counties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5
cases, 1965–2020 · leading case: Frym v. Flagship Cmty. Bank, 96 So. 3d 452 (Fla. 2d DCA 2012).
Frym v. Flagship Cmty. Bank, 96 So. 3d 452 (Fla. 2d DCA 2012). “” § 702.04, Fla. Stat. (2006). Finally, this exception can apply to both contiguous and noncontiguous real properties.”
Penton v. Intercredit Bank, Na, 943 So. 2d 863 (Fla. 3d DCA 2006). “" The Legislature, however, has created an exception to the local action rule, codified at section 702.04, Florida Statutes, which provides, in pertinent part: When a mortgage includes lands.”
Hudlett v. Sanderson, 715 So. 2d 1050 (Fla. 4th DCA 1998). “The exception to this rule, found in Florida Statute § 702.04 (1995), provides that when a mortgage encumbers lands in two or more counties a foreclosure of the mortgage may be brought in any of such counties.”
Barry M. Brant, as Tr. of the Okeechobee Cc-1 Land Trust u/i/d 3/10/04 v. Metro. Life Ins. Co. & Mlic Asset Holdings, LLC (Fla. 4th DCA 2020). “” § 702.04, Fla. Stat. (2019). Procedural History The borrowers obtained four separate loans from the lenders, secured by real property described in four separate mortgages.”
601 West 26 Corp. v. Equity Capital Co., 177 So. 2d 739 (Fla. 3d DCA 1965). “Section 702.04, Fla.Stat., F.S.A. requires that a notice of sale be published in each county wherein any of the lands to be sold lie.”
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