702.08 Effect of setting aside foreclosure decree.—Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the mortgage, together with its lien and the debt thereby secured, shall be, both in law and equity, completely relieved of all effects of any kind whatsoever resulting from or on account of the foreclosure proceedings and the decree of foreclosure and fully restored in all respects to the original status of the same as it existed prior to the foreclosure proceedings and the decree of foreclosure, and thereafter the same shall be for all purposes whatsoever legally of force and effect just as if foreclosure proceeding had never been instituted and a decree of foreclosure had never been made.
...f action upon which an adjudication is predicated
merges into the final judgment, and, consequently, the cause's independent existence
terminates." Weston Orlando Park, Inc. v. Fairwinds Credit Union, 86 So. 3d 1186,
1187 (Fla. 5th DCA 2012); cf. § 702.08 ("Whenever a decree of foreclosure has been so
rescinded, vacated, and set aside ....
...The final judgment is the resolution of the foreclosure of the mortgage, an
action in equity, and the enforcement of the note, an action at law. The mortgage and
note cannot be "unmerged" for any purpose absent a setting aside of the final judgment
pursuant to section 702.08.
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judgment....
Published | Florida 1st District Court of Appeal | 2014 WL 7404013
...9
may be foreclosed. But first, the deed to the property must be canceled,
and the original foreclosure judgment set aside, such that the parties are
returned to their original status. 62 Fla. at 480, 56 So. at 561; cf. §
702.08, Fla....
judgment lien. The applicability vel non of Section 702.08, Florida Statutes, F.S.A., to the facts under
This Florida statute resource is curated by Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.
