Chapter 698 — Chapter 698
9 sections in this chapter.
Fla. Stat. § 698.01 To be recorded
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No chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or unless the property included in it be delivered to the mortgagee and continue to remain truly and bona fide in her …
Fla. Stat. § 698.02 Acknowledgment
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To entitle such mortgage to record, its execution must be acknowledged or proved in the manner provided for mortgages of real property.
Fla. Stat. § 698.03 Power of sale may be included in certain mortgages; exercise of power
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(1) In all mortgages to, or in favor of, the Government of the United States or any agencies thereunder making agricultural loans, or to secure principal indebtedness not exceeding $500, bearing interest not in excess of the general legal rate, on farm machinery and equipment, an…
Fla. Stat. § 698.04 Sale under power
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In case of any sale of property under a power of sale as provided in s. 698.03, the sale may be conducted by the mortgagee or assignee, or by any person appointed by the mortgagee or as assignee, and the person conducting such sale shall execute a bill of sale to the purchaser or…
Fla. Stat. § 698.05 Remedy concurrent
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Nothing in ss. 698.03 and 698.04 shall prevent the holder of any such mortgage from foreclosing such mortgage in equity; the remedy by power of sale given in said sections being intended to be cumulative and concurrent, but not exclusive. In all other respects, the laws relating …
Fla. Stat. § 698.08 Notice given by filing for record of chattel mortgages generally, to extend 7 years
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(1) The notice given to third persons by the filing for record of any mortgage or other security instrument, except mortgages or other instruments given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property, or agricultural, ho…
Fla. Stat. § 698.09 Extension of period of notice
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The effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, be extended for successive additional periods, each not exceeding 7 years from the date of the filing in the office of the clerk o…
Fla. Stat. § 698.11 Duties of clerk in connection with extension
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The clerk of the circuit court shall file such affidavit, reindex the instrument mentioned therein, and enter on the index of such instrument a reference to the filing of such affidavit, stating thereon the date of filing of such affidavit and the amount unpaid on the obligation …
Fla. Stat. § 698.12 Chapter not applicable to transactions under Uniform Commercial Code
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The provisions of this chapter shall not apply to transactions governed by any of the provisions of the Uniform Commercial Code, but shall remain applicable to transactions to which that code does not apply.