Florida Statutes

Fla. Stat. § 702.09 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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a judgment or order rendered or passed in the foreclosure proceedings in which the decree of foreclosure shall be rescinded, vacated, and set aside; the word “mortgage” shall mean any written instrument securing the payment of money or advances and includes liens to secure payment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.

Notes of Decisions

Cited in 4 cases, 1998–2019 · leading case: Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016).

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Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016). · cites it 4× “Section 702.09, Florida Statutes (2011), defines a "mortgage" as "any written instrument securing the payment of money" and not as a "debt.”

In Re Villamont-Oxford Assocs. Ltd. P'ship, 230 B.R. 445 (Bankr. M.D. Fla. 1998). · cites it 2× “See, for example, Fla. Stat. § 702.09 . As the Debtor points out, it is also fundamental that the ownership of rents follows the ownership of the property from which they arise.”

In Re Venice-Oxford Assocs. Ltd. P'ship, 236 B.R. 791 (Bankr. M.D. Fla. 1998). · cites it 2× “See, for example, Fla. Stat. § 702.09 . As the Debtor points out, it is also fundamental that the ownership of rents follows the ownership of the property from which they arise.”

Claudine M. Stacknik v. U. S. Bank Nat'l Ass'n (Fla. 2d DCA 2019). · cites it 2× “§ 702.09, Fla. Stat. (2013). -3- return receipt.”

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