Florida Statutes

Fla. Stat. § 702.07 (2025)

Power of courts and judges to set aside foreclosure decrees at any time before sale.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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702.07 Power of courts and judges to set aside foreclosure decrees at any time before sale.—The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually made pursuant to the terms of such decree, and to dismiss the foreclosure proceeding upon the payment of all court costs.

History.—s. 1, ch. 11881, 1927; CGL 5752.

Notes of Decisions

Cited in 12 cases, 1956–2017 · leading case: Sterling Factors v. US Bank Nat. Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007).

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Sterling Factors v. US Bank Nat. Ass'n, 968 So. 2d 658 (Fla. 2d DCA 2007). · cites it 14× “To the extent that the trial court ruled it had no jurisdiction to set aside the foreclosure judgment once the sale occurred based upon its interpretation of section 702.07, Florida Statutes (2005), the trial court erred.”

Toler v. Bank of Am., Nat. Ass'n, 78 So. 3d 699 (Fla. 4th DCA 2012). · cites it 9× “The statute provides: The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually…”

Peterson v. Lake Surprise II Condo. Assoc., 118 So. 3d 313 (Fla. 3d DCA 2013). · cites it 2× “5th DCA 2005) (limiting the jurisdiction of a trial court to vacate a judicial sale, after the issuance of a certificate of sale, to instances in which there is misconduct in the sales process or irregularities in the notice process); see also Fla. Stat. § 702.07 *314 (2012)…”

Maule Indus. v. Seminole Rock & Sand Co., 91 So. 2d 307 (Fla. 1956). · cites it 2× “Section 702.07 stipulates that circuit courts shall have jurisdiction to vacate and set aside decrees of foreclosure at any time before the sale has actually been made.”

Casares v. Wells Fargo Bank, N.A., 268 F. Supp. 3d 248 (D.D.C. 2017). “And since Florida law grants jurisdiction to the circuit courts to “rescind, vacate, and set aside a decree of foreclosure of a mortgage of property,” Fla. Stat. § 702.07 , the circuit court in Indian River County was a court of competent jurisdiction to resolve plaintiffs…”

Wells Fargo Bank, NA ex rel. Wells Fargo Home Mortg., Inc. v. Giglio, 123 So. 3d 60 (Fla. 4th DCA 2013). · cites it 3× “Wells Fargo’s motion relied upon section 702.07, Florida Statutes (2011), as well as Florida Rule of Civil Procedure 1.”

Holiday, Inc. v. Glaser, 121 So. 2d 677 (Fla. 3d DCA 1960). · cites it 3× “It appears that appeal was not taken from the final decree of foreclosure, nor was the motion to set aside this decree filed within the time prescribed for filing a petition for rehearing. 1 An appellate court may not review a final decree not appealed in a proceedings to review…”

Realty Inv. Corp. v. Stern, 296 So. 2d 588 (Fla. 3d DCA 1974). · cites it 2× “Finally, we note that the exercise of power pursuant to Fla. Stat. § 702.07 , F.S.A., which was relied upon by defendant-appellant to set aside the judgment of foreclosure, is within the discretion of the trial judge and appellant has failed to demonstrate an abuse thereof.”

Salazar v. HSBC Bank, USA, NA, 158 So. 3d 699 (Fla. 3d DCA 2015). · cites it 4× “(2013) (requiring the clerk of the court to file and then record a certificate of title unless a timely objection is filed); § 702.07, Fla. Stat. (2013) (according he circuit courts of this state with the "jurisdiction, power, and *702 authority to rescind, vacate, and set aside…”

Nobani v. Barcelona Dev. Corp., 655 So. 2d 250 (Fla. 5th DCA 1995). · cites it 2× “Pursuant to section 702.07, Florida Statutes (1993), the circuit court has the authority to vacate or set aside any foreclosure judgment at any time prior to sale.”

CitiBank, N.A., not individually etc. v. Unknown Heirs, Beneficiaries, 197 So. 3d 1214 (Fla. 1st DCA 2016). · cites it 2× “Appellant’s motion was filed in the trial court pursuant to section 702.07, Florida Statutes (2015), and rule 1.”

Sec. Credit Co. v. Hill, 17 Fla. Supp. 102 (Fla. Cir. Ct., Duval Cty. 1961). “Until a valid foreclosure sale “has been actually made” this court has the power (see section 702.07) to vacate and set aside the purported decree herein assaulted.”

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