Florida Statute 702.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

View Entire Chapter

F.S. 702.06

702.06 Deficiency decree; common-law suit to recover deficiency.—In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court; however, in the case of an owner-occupied residential property, the amount of the deficiency may not exceed the difference between the judgment amount, or in the case of a short sale, the outstanding debt, and the fair market value of the property on the date of sale. For purposes of this section, there is a rebuttable presumption that a residential property for which a homestead exemption for taxation was granted according to the certified rolls of the latest assessment by the county property appraiser, before the filing of the foreclosure action, is an owner-occupied residential property. The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment.

History.—s. 1, ch. 11993, 1927; CGL 5751; s. 1, ch. 13625, 1929; s. 5, ch. 2013-137.

F.S. 702.06 on Google Scholar

F.S. 702.06 on Casetext

Amendments to 702.06

Arrestable Offenses / Crimes under Fla. Stat. 702.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.06.

Annotations, Discussions, Cases:

Cases Citing Statute 702.06

Total Results: 20

U.S. Bank, National Association v. Estate of Robert Vadney, Vadney

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

Snippet: at 464. 4 § 702.06, Fla. Stat. (2021) (emphasis added). As

JUSTICE MICHAEL GURROLA vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-08

Snippet: expert testimony under section 90.702). 6 In addition, Sergeant Laborda’s

STUART L. LONGMAN vs ATLANTIC COAST BANK, ROBERT J. MCKAY, WHITFIELD DEVELOPMENT CORP., DREAMFIELDS EQUESTRIAN COMMUNITY HOMEWONERS ASSOCIATION, INC. AND TDMA, LLC

Court: District Court of Appeal of Florida | Date Filed: 2023-08-18

Snippet: (“TDMA”). Longman argues that pursuant to section 702.06, Florida Statutes (2021), the trial court lacked

JULIO LAGO v. MERCANTIL COMMERCEBANK, N.A., etc.

Court: District Court of Appeal of Florida | Date Filed: 2021-06-16

Snippet: judgment by virtue of [Florida Statutes] section 702.06 which provides, in pertinent part, that [i]n all

EDMUND ACCARDI v. REGIONS BANK

Court: District Court of Appeal of Florida | Date Filed: 2020-12-09

Snippet: Florida Statutes. Section 702.06, Florida Statutes (2020), allows a mortgagee to

DYCK-O'NEAL, INC. v. RUDOLPH HERMAN

Court: District Court of Appeal of Florida | Date Filed: 2020-11-12

Snippet: citations and quotation marks omitted); see also § 702.06, Fla. Stat. (2019) (“In all suits for the foreclosure

GAIL FLINN v. KEVIN DOTY, as Curator of the Estate of Robert A. Flinn

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Citation: 275 So. 3d 671

Snippet: be entered. However, the court cited to section 702.06, Florida Statutes (2018), which governs mortgage

Dyck-O'Neal, Inc. v. Heather Lanham

Court: District Court of Appeal of Florida | Date Filed: 2019-02-18

Citation: 264 So. 3d 1115

Snippet: with this Court’s precedent and held “that section 702.06, Florida Statutes (2014), permits an independent

Dyck-O'Neal, Inc. v. Oerti Stermilli

Court: District Court of Appeal of Florida | Date Filed: 2018-08-03

Citation: 249 So. 3d 797

Snippet: claim but has not adjudicated the claim, section 702.06, Florida Statutes (2014), permits the lender or

Dyck-O'Neal, Inc. v. Heather Lanham

Court: Supreme Court of Florida | Date Filed: 2018-07-05

Citation: 257 So. 3d 1

Snippet: claim but has not adjudicated the claim, section 702.06, Florida Statutes (2014), permits the lender or

WHITNEY BANK, a Mississippi state v. Von Daniel Grant Jr., and Lisa D. Grant

Court: District Court of Appeal of Florida | Date Filed: 2017-08-07

Citation: 223 So. 3d 476, 2017 WL 3360822, 2017 Fla. App. LEXIS 11399

Snippet: foregoing statute in pari materia with section 702.06, Florida Statutes (2015), which provides that “[i]n

Bonita Real Estate Partners, LLC v. SLF IV Lending, L.P.

Court: District Court of Appeal of Florida | Date Filed: 2017-07-14

Citation: 222 So. 3d 647, 2017 WL 2988898, 2017 Fla. App. LEXIS 10102

Snippet: motion for deficiency judgment pursuant to section 702.06, Florida Statutes (2012), claiming that the “fair

Bush v. Whitney Bank

Court: District Court of Appeal of Florida | Date Filed: 2017-05-19

Citation: 219 So. 3d 257, 2017 WL 2200223, 2017 Fla. App. LEXIS 7182

Snippet: should be interpreted in conjunction with section 702.06 of the Florida Statutes (2015) which reads: Deficiency

Dyck-O'Neal, Inc. v. Meikle

Court: District Court of Appeal of Florida | Date Filed: 2017-04-05

Citation: 215 So. 3d 604, 2017 WL 1278075, 2017 Fla. App. LEXIS 4630

Snippet: deficiency judgment pursuant to Florida Statute 702.06 which is both vague and a violation of due process

In Re: Amendments to the Florida Evidence Code

Court: Supreme Court of Florida | Date Filed: 2017-02-16

Citation: 210 So. 3d 1231, 42 Fla. L. Weekly Supp. 179, 2017 WL 633770, 2017 Fla. LEXIS 338

Snippet: Federal Rule of Evidence 702. -6- of Evidence superseded Frye’s

Dyck-O'Neal, Inc. v. Konstantinos

Court: District Court of Appeal of Florida | Date Filed: 2016-12-09

Citation: 251 So. 3d 220

Snippet: is authorized by the plain language of section 702.06, Florida Statutes (2013), we reverse.

Sylvia Higgins and Collier Higgins v. Dyck O'Neal, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-09-27

Snippet: that have upheld the clear language of section 702.06, Florida Statutes. The drum beat has gone on.

Dyck-O'Neal, Inc. v. McKenna

Court: District Court of Appeal of Florida | Date Filed: 2016-08-12

Citation: 198 So. 3d 1038, 2016 Fla. App. LEXIS 12212, 2016 WL 4262111

Snippet: deficiency judgment. This court held that section 702.06, Florida Statutes, “is unambiguous,” and “the foreclosure

Gdovin v. Dyck-O'Neal, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2016-08-10

Citation: 198 So. 3d 986, 2016 Fla. App. LEXIS 12038, 2016 WL 4204470

Snippet: District’s conclusion that the plain language of section 702.06, Florida Statutes (2013), authprizes the filing

Dyck-O'Neal, Inc. v. Rojas

Court: District Court of Appeal of Florida | Date Filed: 2016-07-15

Citation: 197 So. 3d 1200, 2016 Fla. App. LEXIS 10854, 2016 WL 3769012

Snippet: filed a separate action at law pursuant to section 702.06, Florida Statutes (2013), to obtain a deficiency