Florida Statute 702.08 - 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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702.08 Effect of setting aside foreclosure decree.—Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the mortgage, together with its lien and the debt thereby secured,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.

History.—s. 2, ch. 11881, 1927; CGL 5753.

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Amendments to 702.08

Annotations, Discussions, Cases:

Cases Citing Statute 702.08

Total Results: 4 | Sort by: Relevance | Newest First

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Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016).

Cited 2 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 10881

...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 § 702.08 ("Whenever a decree of foreclosure has been so rescinded, vacated, and set aside ....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. - 11 - judgment....

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Roy v. Matheson, 263 So. 2d 604 (Fla. 5th DCA 1972).

Published | Florida 5th District Court of Appeal | 1972 Fla. App. LEXIS 6637

judgment lien. The applicability vel non of Section 702.08, Florida Statutes, F.S.A., to the facts under

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Lucas v. Barnett Bank of Lee Cnty., 705 So. 2d 115 (Fla. 2d DCA 1998).

Published | Florida 2nd District Court of Appeal | 1998 Fla. App. LEXIS 346, 1998 WL 17661

original status. 62 Fla. at 480, 56 So. at 561; cf. § 702.08, Fla. Stat. (1993). We reverse the summary judgment

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Wells Fargo Bank, N. A. v. Michelle A. Giesel, 155 So. 3d 411 (Fla. 1st DCA 2014).

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....

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