Chapter 702 — Chapter 702
15 sections in this chapter.
Fla. Stat. § 702.01 Equity
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All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury.
Fla. Stat. § 702.015 Elements of complaint; lost, destroyed, or stolen note affidavit
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(1) The Legislature intends that this section expedite the foreclosure process by ensuring initial disclosure of a plaintiff’s status and the facts supporting that status, thereby ensuring the availability of documents necessary to the prosecution of the case.(2) A complaint that…
Fla. Stat. § 702.03 Certain foreclosures validated
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All mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of the mortgage, as provided by chapter 12095, Acts of 1927, entitled: “An act to amend section 3845 RGS relating to complaint in …
Fla. Stat. § 702.035 Legal notice concerning foreclosure proceedings
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Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the petitioner or petitioner’s attorney to place such advertisement, publication, or notice. For counties with more tha…
Fla. Stat. § 702.036 Finality of foreclosure judgment
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(1) As used in this section, the term “property” means real property.(2)(a) In any action or proceeding in which a party seeks to set aside, invalidate, or challenge the validity of a final judgment of foreclosure of a mortgage or other lien, or to establish or reestablish a lien…
Fla. Stat. § 702.04 Mortgaged lands in different counties
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When a mortgage includes lands, railroad track, right-of-way, or terminal facilities and station grounds, lying in two or more counties, it may be foreclosed in any one of said counties, and all proceedings shall be had in that county as if all the mortgaged land, railroad track,…
Fla. Stat. § 702.05 Mortgaged lands sold for taxes
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Any person who has a lien by mortgage or otherwise upon lands sold for taxes may, within the time allowed by law for redemption, redeem such lands, and the receipt of the officer authorized to receive the amount paid for redemption money shall entitle the lienholder to collect th…
Fla. Stat. § 702.06 Deficiency decree; common-law suit to recover deficiency
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In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court; however, in the case of an owner-occupied residential property, th…
Fla. Stat. § 702.065 Final judgment in uncontested proceedings where deficiency judgment waived; attorney’s fees when default judgment entered
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(1) In uncontested mortgage foreclosure proceedings in which the mortgagee waives the right to recoup any deficiency judgment, the court shall enter final judgment within 90 days from the date of the close of pleadings. For the purposes of this subsection, a mortgage foreclosure …
Fla. Stat. § 702.07 Power of courts and judges to set aside foreclosure decrees at any time before sale
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The circuit courts of this state, and the judges thereof at chambers, shall have jurisdiction, power, and authority to rescind, vacate, and set aside a decree of foreclosure of a mortgage of property at any time before the sale thereof has been actually made pursuant to the terms…
Fla. Stat. § 702.08 Effect of setting aside foreclosure decree
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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 effec…
Fla. Stat. § 702.09 Definitions
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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 writt…
Fla. Stat. § 702.10 Order to show cause; entry of final judgment of foreclosure; payment during foreclosure
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(1) A lienholder may request an order to show cause for the entry of final judgment in a foreclosure action. For purposes of this section, the term “lienholder” includes the plaintiff and a defendant to the action who holds a lien encumbering the property or a defendant who, by v…
Fla. Stat. § 702.11 Adequate protections for lost, destroyed, or stolen notes in mortgage foreclosure
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(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 obli…
Fla. Stat. § 702.12 Actions in foreclosure
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(1)(a) A lienholder, in an action to foreclose a mortgage, may submit any document the defendant filed under penalty of perjury in the defendant’s bankruptcy case for use as an admission by the defendant.(b) A rebuttable presumption that the defendant has waived any defense to th…