Florida Statute 702.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

View Entire Chapter

F.S. 702.11

702.11 Adequate protections for lost, destroyed, or stolen notes in mortgage foreclosure.—

(1) In connection with a mortgage foreclosure, the following constitute reasonable means of providing adequate protection under s. 673.3091, if so found by the court:

(a) A written indemnification agreement by a person reasonably believed sufficiently solvent to honor such an obligation;

(b) A surety bond;

(d) A deposit of cash collateral with the clerk of the court; or

(e) Such other security as the court may deem appropriate under the circumstances.

Any security given shall be on terms and in amounts set by the court, for a time period through the running of the statute of limitations for enforcement of the underlying note, and conditioned to indemnify and hold harmless the maker of the note against any loss or damage, including principal, interest, and attorney fees and costs, that might occur by reason of a claim by another person to enforce the note.

(2) Any person who wrongly claims to be the holder of or pursuant to s. 673.3011 to be entitled to enforce a lost, stolen, or destroyed note and causes the mortgage secured thereby to be foreclosed is liable to the actual holder of the note, without limitation to any adequate protections given, for actual damages suffered together with attorney fees and costs of the actual holder of the note in enforcing rights under this subsection. In addition, the actual holder of the note may pursue recovery directly against any adequate protections given.

(a) The actual holder of the note is not required to pursue recovery against the maker of the note or any guarantor thereof as a condition precedent to pursuing remedies under this section.

(b) This section does not limit or restrict the ability of the actual holder of the note to pursue any other claims or remedies it may have against the maker, the person who wrongly claimed to be the holder, or any person who facilitated or participated in the claim to the note or enforcement thereof.

History.—s. 7, ch. 2013-137.

F.S. 702.11 on Google Scholar

F.S. 702.11 on Casetext

Amendments to 702.11

Arrestable Offenses / Crimes under Fla. Stat. 702.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.11.

Annotations, Discussions, Cases:

Cases Citing Statute 702.11

Total Results: 9

THOMAS DEBISH and MICHELLE DEBISH v. WELLS FARGO BANK, N.A.

Court: District Court of Appeal of Florida | Date Filed: 2018-03-14

Citation: 240 So. 3d 16

Snippet: appropriate under the circumstances.’” Id. (quoting § 702.11(1)(e), Fla. Stat. (2014)). Affirmed in part

U.S. Bank, National Ass'n v. Angeloni

Court: District Court of Appeal of Florida | Date Filed: 2016-08-31

Citation: 199 So. 3d 492, 2016 Fla. App. LEXIS 13211, 2016 WL 4540805

Snippet: not consider the application, if any, of section 702.11, Florida Statutes (2014), because the homeowners

U.S. Bank National Association v. Zacarie Benoit, Mortgage Electronic Registration Systems Incorporated, as Nominee For First Interstate Financial Corp., and Thacker Limited Partnership

Court: District Court of Appeal of Florida | Date Filed: 2016-05-04

Citation: 190 So. 3d 235, 2016 WL 2342891, 2016 Fla. App. LEXIS 6848

Snippet: indemnify the defendant. Id.; see also § 702.11, Fla. Stat. (2013). • ■ ' Here, the parties

Blitch v. Freedom Mortgage Corp.

Court: District Court of Appeal of Florida | Date Filed: 2016-02-05

Citation: 185 So. 3d 645, 2016 Fla. App. LEXIS 1569, 2016 WL 455737

Snippet: may deem appropriate under the circumstances.” § 702.11(1)(e), Fla. Stat. (2014). Here, the Bank proved

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2016-01-14

Citation: 190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134

Snippet: the rule be amended to add a reference to section 702.11, Florida Statutes, for completeness and clarity

Robert G. Reid v. Compass Bank

Court: District Court of Appeal of Florida | Date Filed: 2015-05-03

Citation: 164 So. 3d 49

Snippet: 702.10, Florida Statutes, and the creation of s. 702.11, Florida Statutes, by this act, apply to causes

In Re AMENDMENTS TO the FLORIDA RULES OF CIVIL PROCEDURE

Court: Supreme Court of Florida | Date Filed: 2014-12-11

Citation: 153 So. 3d 258, 39 Fla. L. Weekly Supp. 752, 2014 Fla. LEXIS 3682, 2014 WL 6977929

Snippet: (2013). Adequate protection as required by sections 702.11 (2013) and 673.3091(2), Florida Statutes (2013)

Delia v. GMAC Mortgage Corp.

Court: District Court of Appeal of Florida | Date Filed: 2014-10-17

Citation: 161 So. 3d 554, 2014 Fla. App. LEXIS 16944, 2014 WL 5284995

Snippet: Section 702.11(1), Florida Statutes (2013), explains the concept of adequate protection: 702.11. Adequate

Howell v. State

Court: Supreme Court of Florida | Date Filed: 2004-05-06

Citation: 877 So. 2d 697, 2004 WL 1057629

Snippet: Manual concerning items in impounded vehicles: *702 11.04.04 Impounded Vehicle Inventories In order to