Florida Statute 702.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

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F.S. 702.09

702.09 Definitions.—For the purposes of ss. 702.07 and 702.08, the words “decree of foreclosure” shall include a judgment or order rendered or passed in the foreclosure proceedings in which the decree of foreclosure shall be rescinded, vacated, and set aside; the word “mortgage” shall mean any written instrument securing the payment of money or advances and includes liens to secure payment of assessments arising under chapters 718 and 719 and liens created pursuant to the recorded covenants of a property owners’ association as defined in s. 712.01; the word “debt” shall include promissory notes, bonds, and all other written obligations given for the payment of money; the words “foreclosure proceedings” shall embrace every action in the circuit or county courts of this state wherein it is sought to foreclose a mortgage and sell the property covered by the same; and the word “property” shall mean and include both real and personal property.

History.—s. 3, ch. 11881, 1927; CGL 5754; s. 4, ch. 2002-27; s. 13, ch. 2003-14; s. 9, ch. 2018-55.

F.S. 702.09 on Google Scholar

F.S. 702.09 on Casetext

Amendments to 702.09

Arrestable Offenses / Crimes under Fla. Stat. 702.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.09.

Annotations, Discussions, Cases:

Cases Citing Statute 702.09

Total Results: 6

CLAUDINE M. STACKNIK v. U. S. BANK NATIONAL ASSOCIATION

Court: District Court of Appeal of Florida | Date Filed: 2019-11-15

Snippet: entitled to the equitable remedy of foreclosure. Cf. § 702.09, Fla. Stat. (2013).

Deutsche Bank National Trust Company v. Hagstrom

Court: District Court of Appeal of Florida | Date Filed: 2016-07-20

Citation: 203 So. 3d 918, 2016 Fla. App. LEXIS 11054

Snippet: and mortgage foreclosures specifically. Section 702.09, Florida Statutes (2011), defines a “mortgage”

U.S. Bank National Ass'n v. Busquets

Court: District Court of Appeal of Florida | Date Filed: 2014-03-21

Citation: 135 So. 3d 488, 2014 WL 1133333, 2014 Fla. App. LEXIS 4217

Snippet: (Fla. 5th DCA 1993))). See generally §§ 701.02, 702.09, Fla. Stat. (2011). Furthermore, the language of

Godsell v. United Guar. Residential Ins.

Court: District Court of Appeal of Florida | Date Filed: 2006-03-17

Citation: 923 So. 2d 1209, 2006 WL 664227

Snippet: sought in a foreclosure proceeding as defined by s. 702.09, service of process on a person outside of this

Jordan v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-03-10

Citation: 728 So. 2d 748, 1998 WL 621355

Snippet: later enlarged by the Legislature. See id. at 702. [9] The rationale for requiring written departure

McMullen v. State

Court: Supreme Court of Florida | Date Filed: 1998-04-09

Citation: 714 So. 2d 368, 1998 WL 166266

Snippet: helpfulness test of [Federal Rule of Evidence] 702,"[9]id. at 1230, vacated Downing's conviction and remanded