Florida Statute 702.7 - 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. 702.07

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.

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Amendments to 702.07

Annotations, Discussions, Cases:

Cases Citing Statute 702.07

Total Results: 11

Sterling Factors v. US Bank Nat. Ass'n

968 So. 2d 658, 2007 WL 3225413

District Court of Appeal of Florida | Filed: Nov 2, 2007 | Docket: 1498209

Cited 24 times | Published

sale occurred based upon its interpretation of section 702.07, Florida Statutes (2005), the trial court erred

Maule Industries v. Seminole Rock and Sand Company

91 So. 2d 307

Supreme Court of Florida | Filed: Oct 31, 1956 | Docket: 1332305

Cited 15 times | Published

followed in the event objections are filed. Section 702.07 stipulates that circuit courts shall have jurisdiction

REALTY INVESTMENT CORP. v. Stern

296 So. 2d 588

District Court of Appeal of Florida | Filed: May 28, 1974 | Docket: 1630799

Cited 10 times | Published

that the exercise of power pursuant to Fla. Stat. § 702.07, F.S.A., which was relied upon by defendant-appellant

Toler v. BANK OF AMERICA, NAT. ASS'N

78 So. 3d 699, 2012 Fla. App. LEXIS 1329, 2012 WL 280379

District Court of Appeal of Florida | Filed: Feb 1, 2012 | Docket: 2358201

Cited 5 times | Published

final summary judgment, ostensibly pursuant to section 702.07. In the motion, the Tolers contended that the

Peterson v. Lake Surprise II Condominium Assoc.

118 So. 3d 313, 2013 WL 3929060, 2013 Fla. App. LEXIS 12021

District Court of Appeal of Florida | Filed: Jul 31, 2013 | Docket: 60233176

Cited 3 times | Published

irregularities in the notice process); see also Fla. Stat. § 702.07 *314(2012) (“[t]he circuit courts of this state

Wells Fargo Bank, NA ex rel. Wells Fargo Home Mortgage, Inc. v. Giglio

123 So. 3d 60, 2013 WL 949989, 2013 Fla. App. LEXIS 3971

District Court of Appeal of Florida | Filed: Mar 13, 2013 | Docket: 60235119

Cited 1 times | Published

possible.”). Wells Fargo’s motion relied upon section 702.07, Florida Statutes (2011), as well as Florida

CitiBank, N.A., not individually etc. v. Unknown Heirs, Beneficiaries

197 So. 3d 1214, 2016 Fla. App. LEXIS 11304, 2016 WL 3974864

District Court of Appeal of Florida | Filed: Jul 25, 2016 | Docket: 4113612

Published

motion was filed in the trial court pursuant to section 702.07, Florida Statutes (2015), and rule 1.540(b)

Salazar v. HSBC Bank, USA, NA

158 So. 3d 699, 2015 Fla. App. LEXIS 1791, 2015 WL 543411

District Court of Appeal of Florida | Filed: Feb 11, 2015 | Docket: 2633388

Published

of title unless a timely objection is filed); § 702.07, Fla. Stat. (2013) (according he circuit courts

Nobani v. Barcelona Development Corp.

655 So. 2d 250, 1995 Fla. App. LEXIS 6283, 1995 WL 340560

District Court of Appeal of Florida | Filed: Jun 9, 1995 | Docket: 64756500

Published

final judgment of foreclosure. Pursuant to section 702.07, Florida Statutes (1993), the circuit court

Sun Bank, N.A. v. Stocks

548 So. 2d 305, 14 Fla. L. Weekly 2096, 1989 Fla. App. LEXIS 5001, 1989 WL 104009

District Court of Appeal of Florida | Filed: Sep 7, 1989 | Docket: 64644650

Published

trial court’s exercise of its authority under section 702.-07, Florida Statute (1987) and Florida Rule of

Holiday, Inc. v. Glaser

121 So. 2d 677, 1960 Fla. App. LEXIS 2266

District Court of Appeal of Florida | Filed: Jun 20, 1960 | Docket: 60195222

Published

305. The appellee contends that by the terms of § 702.07, Fla.Stat., F.S.A., the chancellor had lost the