Florida Statutes

Fla. Stat. § 702.08 (2025)

Effect of setting aside foreclosure decree.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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702.08 Effect of setting aside foreclosure decree.—Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the mortgage, together with its lien and the debt thereby secured,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

Notes of Decisions

Cited in 4 cases, 1972–2016 · leading case: Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016).

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Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768 (Fla. 2d DCA 2016). · cites it 2× “§ 702.08 (“Whenever a decree of foreclosure has been so rescinded, vacated, and set aside .”

Wells Fargo Bank, N. A. v. Michelle A. Giesel, 155 So. 3d 411 (Fla. 1st DCA 2014). · cites it 2× “§ 702.08, Fla. Stat. (1993). Id. at 116. Applying the above rule, the Second District reversed the summary judgment reforming the mortgage and related documents.”

Lucas v. Barnett Bank of Lee Cnty., 705 So. 2d 115 (Fla. 2d DCA 1998). · cites it 2× “§ 702.08, Fla. Stat. (1993). We reverse the summary judgment reforming the mortgage, partial release of security agreement, and certificate of title.”

Roy v. Matheson, 263 So. 2d 604 (Fla. 2d DCA 1972). · cites it 4× “The applicability vel non of Section 702.08, Florida Statutes, F.S.A., to the facts under consideration has been raised by appellant’s Assignment of Error No.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.