The 2023 Florida Statutes (including Special Session C)
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. . . . § 697.01(1) (identifying documents deemed to be mortgages under Florida law); Id. § 697.02 (clarifying . . .
. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a lien on property. . . .
. . . indebtedness to Merrick and CMA, and as such SIH is entitled to the benefits and protections of section 697.01 . . . or effect of the quit-claim deed, nor whether SIH is entitled to the rights and benefits of section 697.01 . . .
. . . loan transaction and the conveyance from the homeowner to the equity purchaser is a mortgage under s. 697.01 . . .
. . . . § 697.01.” . . . Section 697.01, Florida Statutes (2006), provides that “[a]ll conveyances, obligations conditioned or . . . That is, in asking that the payments be declared a mortgage pursuant to section 697.01, they are asking . . .
. . . Pursuant to section 697.01(1), Florida Statutes, written instruments conveying or selling property for . . . Florida courts have liberally interpreted section 697.01(1) and, when in doubt, “have leaned in favor . . .
. . . To support her Motion to Dismiss, the Debtor also filed a Memorandum on Application of Section 697.01 . . . that any transfer of the Property’s title from the Debtor to Hill should be deemed a mortgage under § 697.01 . . . Further, the Debtor’s Counterclaim is based on § 697.01 of the Florida Statutes, entitled “Instruments . . . Hill’s eviction action and the Debtor’s statutory claim under § 697.01 rest solely on state law, and . . . The Debt- or’s Counterclaim is based on § 697.01 of the Florida Statutes. . . .
. . . considering the legal effect of a real estate transaction or any other business transaction, see § 697.01 . . . Silver, 830 So.2d 224, 225 (Fla. 4th DCA 2002)(“Section 697.01(1), Florida Statutes (2000) provides that . . .
. . . . § 697.01, Fla. Stat. (2005); Vandenberg v. . . .
. . . This is because an agreement for deed, “under section 697.01, Florida Statutes, is a mortgage and carries . . .
. . . dismissal of Count VII, which alternately pleaded for a declaration of the deed to be a mortgage, section 697.01 . . .
. . . Under section 697.01, Florida Statutes (2003), “[a]ll conveyances, obligations conditioned or defeasible . . .
. . . Section 697.01(1),, Florida Statutes (2000) provides that all instruments of writing, conveying property . . . borrower appeals, arguing that the deed it gave as part of the settlement is a mortgage under section 697.01 . . .
. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a lien on property. . . .
. . . a classic, if somewhat complicated by the tax consideration, agreement for deed and, under section 697.01 . . .
. . . Section 697.01, Florida Statutes, provides: 697.01 Instruments deemed mortgages.— (1) All conveyances . . . foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages. § 697.01 . . . This Court has held that under section 697.01(1), an agreement for deed is deemed a mortgage. . . .
. . . . § 697.01(1) provides: "[a]ll conveyances, obligations conditioned or defeasible, bills of sale of other . . .
. . . See also § 697.01, Florida Statutes (1995). . . .
. . . Section 697.01, Florida Statutes (1985), provides: 697.01 Instruments deemed mortgages.-(1) All conveyances . . . foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages. § 697.01 . . . Kirkland each intended that the conveyance would secure the payment of money, as provided in section 697.01 . . .
. . . In paragraph 16 of the order, the court quoted section 697.01, Florida Statutes (1995), to the effect . . . The same is true of the premise for that finding, i.e., that under section 697.01 Valk’s lease was, in . . . the trial court’s conclusion was that Valk’s lease must be treated as a mortgage by virtue of section 697.01 . . .
. . . . § 697.01 (1993). Therefore, a mortgage is a cause of action creating a hen on property. . . .
. . . It would be premature to consider whether the language on the note is sufficient to satisfy section 697.01 . . .
. . . . §§ 697.01 and 701.02, and that Barnett Bank, by filing under the UCC, did not properly perfect its . . .
. . . . § 697.01(1), Fla.Stat. (1991); Adkinson at 615. . . .
. . . See § 697.01, Fla.Stat. (1991); First Fed. Savings & Loan Ass’n of Ft. Myers v. . . .
. . . . § 697.01 (defining mortgages). . . .
. . . More importantly, at the time the Legislature amended Section 201.08(1) to include mortgages, Section 697.01 . . . At the time of the 1977 amendments, Section 697.01(1) was in existence and defined mortgages as being . . . Section 697.01(1) provides: 697.01 Instruments deemed mortgages.— (1) All conveyances, obligations conditioned . . .
. . . . § 697.01 (1989). . . .
. . . These equitable principles are codified in section 697.01(1), Florida Statutes, which provides as follows . . . : 697.01 Instruments deemed mortgages.— (1) All conveyances, obligations conditioned or defeasible, bills . . . O’Steen. .See § 697.01(1), Fla.Stat. . Adkinson v. Nyberg, 344 So.2d 614 (Fla. 2d DCA 1977). . . . .
. . . Florida Statutes Section 697.01(1) provides: All conveyances, . . . bills of sale or other instruments . . . However, the Florida courts have liberally construed Florida Statutes Section 697.01 to include arrangements . . . The Florida legislature enacted the statutory section currently numbered as Florida Statutes Section 697.01 . . . hereby declared to be a promissory note and mortgage within the meaning of Florida Statutes Section 697.01 . . .
. . . Rule 12B-4.052(7) and section 697.01(1) both provide that “all conveyances, obligations conditioned or . . .
. . . Defendants’ position is based in part on § 697.01, Florida Statutes (“Instruments Deemed Mortgages”) . . . Those statutes provide: 697.01 Instruments Deemed Mortgages— (1) All conveyances, obligations conditioned . . .
. . . assignment was given for the purpose of securing the payment of money, it falls within the ambit of § 697.01 . . . for as long as that assignment secures a debt, it is deemed subject to the rules of foreclosure. § 697.01 . . .
. . . underlying document was in the nature of a mortgage or security instrument within the meaning of section 697.01 . . . The Terrys urge the view that section 697.01 armed the Johnsons with an affirmative defense but it was . . . Thus, the trial court properly considered the section 697.01 defense raised for the first time by the . . .
. . . Section 697.01(1), Florida Statutes (1985), provides: All conveyances, obligations conditioned or defeasible . . .
. . . . § 697.01 Fla.Stat. (1985). See Jasper v. . . .
. . . or with the intention of securing the payment of money shall be deemed and held mortgages, Section 697.01 . . .
. . . Under section 697.01, Florida Statutes (1985), an instrument must be construed as a mortgage if, when . . . to parts II, III and V of chapter 159, shall be deemed to be owned for purposes of this section. . 697.01 . . .
. . . Section 697.01(1), Florida Statutes, allows a court to interpret an instrument in the form of a deed . . . absolute as a mortgage: 697.01 Instruments deemed mortgages. (1) All conveyances ... or other instruments . . .
. . . Section 697.01(1), Florida Statutes (1983), requires that any instrument conveying real property for . . .
. . . circumstances of this case, the contract is one of those instruments deemed a mortgage under section 697.01 . . .
. . . . § 697.01 (1981) which states as follows: § 697.01 (1) All conveyances, obligations conditioned or defeasible . . .
. . . Section 697.01, Florida Statutes (1979), provides in pertinent part: “All conveyances ... or other instruments . . .
. . . order construing the relevant documents as a mortgage on the real estate pursuant to Florida Statute § 697.01 . . . should be construed as a mortgage to reflect the intent of the parties pursuant to Florida Statutes § 697.01 . . . which provides as follows: “697.01. . . . Section 697.01(1), Florida Statutes (1981). . . . its face appears to be a conveyance, should be deemed to be a mortgage pursuant to Florida Statute § 697.01 . . .
. . . constituted a security device, that the contract constituted a mortgage within the meaning of section 697.01 . . . loan, the deed and agreement for deed together constitute a mortgage within the purview of section 697.01 . . .
. . . Under these allegations of the complaint, the deed could be deemed a mortgage under section 697.01(1) . . .
. . . Many states, such as Florida (§ 697.01 F.S. . . .
. . . . § 697.01. Redemptive rights under such a mortgage are not cut off without a proper foreclosure. . . . Fla.Stat.Ann. § 697.01. . . . By its own terms Fla.Stat.Ann. § 697.01 applies to the conveyance of real as well as personal property . . . Section 697.01 makes clear that the test is the intention of the parties. . . .
. . . Section 697.01, Florida Statutes; Mid-State Investment Corporation v. . . .
. . . language as the contract now before us must be deemed to be a mortgage under the provisions of Section 697.01 . . .
. . . Section 697.01(1), Fla.Stat., F.S.A., provides as follows: “All conveyances, obligations conditioned . . . our opinion the contracts for deed were clearly intended to secure the payment of money and under § 697.01 . . . O’Steen, Fla.App.1961, 133 So.2d 455 (construing § 697.01 Fla.Stat., F.S.A.). . . .
. . . . § 697.01 (1973). . . .
. . . In F.S. 697.01, the legislature has provided: “All conveyances, obligations conditioned or defeasible . . .
. . . Florida Statutes § 697.01(1), F.S.A.; Holmberg v. . . .
. . . . § 697.01, F.S.A., the safeguards for the debtor and the remedies for the creditor are the same as those . . .
. . . See § 697.01, Fla.Stat, F.S.A.; Marcus v. Hull, 142 Fla. 306, 195 So. 170 (1940); and Foster v. . . .
. . . . § 697.01, F.S.A.; and he is entitled to a declaration thereof for purposes of preserving any right . . . latter regard, I would concede that if the aforesaid “assignment” was a “pledge” agreement, then § 697.01 . . .
. . . . §§ 697.01, 697.-02, and the mortgagee may acquire the right of possession of a mortgaged chattel on . . .
. . . from Richards Land Development Corporation to Di Costanzo, as trustee, constitutes a mortgage under 697.01 . . . Section 697.01 F.S.A. provides: “All conveyances * * * or other instruments * * * conveying * * * property . . .
. . . Section 697.01, Florida Statutes, F.S.A.: “All conveyances, obligations conditioned or defeasible, bills . . .
. . . This Court pointed out in its opinion that § 697.01, Fla.Stats., F.S.A., provides that all mortgages, . . .
. . . Plaintiff contends that these instruments fall within the provisions of § 697.01, Fla. . . . The statute in question, § 697.01, Fla.Stat., F.S.A., is to be liberally construed. Torreyson v. . . . that they were given for the purpose of securing the payment of money and fall within the purview of § 697.01 . . .
. . . This litigation was commenced on authority of Chapter 697.01, Fla.Stat., F.S.A., which reads, in part . . .
. . . The defendant claims that Sections 697.01 and 698.03, Florida Statutes, F.S.A., prohibits a private power . . . If this instrument is then taken as a mortgage, it must come within Section 697.01 of the Florida Statutes . . .
. . . we hold, that the contract involved in this appeal falls within the ken of the provisions of Section 697.01 . . . , Florida Statutes, F.S.A., which reads in pertinent part: “697.01 Instruments deemed mortgages “All . . .
. . . Further, by the provision of § 697.01, Fla.Stat., F.S.A., all instruments conveying or selling property . . .
. . . Section 697.01, Fla. . . .
. . . . § 697.01. . Laws of Fla. Acts of 1925, Ch. 10096. . Laws of Fla. . . .
. . . title to the property and was not a mortgage as claimed by the Trustee under the provisions of Section 697.01 . . .
. . . there was at least $300,-000 on hand and the Government’s position that there was no more than $48,-697.01 . . .
. . . . § 697.01, F.S.A. See: Marcus v. Hull, 142 Fla. 306, 195 So. 170; Cary & Co. v. . . .
. . . Chancellor in this cause determined that a deed was' in actuality a mortgage under Section 697.01, Fla.Stat . . .
. . . instrument designed to secure a debt and regardless of its title was a mortgage under the provisions of Sec. 697.01 . . .
. . . C., in view of the provision of Section 697.01, Fla.Stat. 1955, F.S.A., that “All conveyances * * conveying . . . The statute in question, Sec. 697.01, supra, should be liberally construed, Torreyson v. . . .
. . . to hold that the conveyance by lease to Orange State Oil Company comes within the purview of Section 697.01 . . .
. . . Statutes, 1941 (same FSA), it follows that the instrument comes within the purview of Section 697.01 . . .
. . . Bennett contended that his sub-lease was within the purview of Sec. 697.01 Fla. . . .