The 2023 Florida Statutes (including Special Session C)
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. . . Steinberg . reasons that section 201.08(l)(b) should be read in conjunction with section 697.04(l)(b) . . . Steinberg points to language in section 697.04(l)(b), which states: “any increase in the principal balance . . . Reading sections 201.08(l)(b) and 697.04(l)(b) together, Steinberg concludes “that any increase in the . . . The problem with this argument is. that nothing in section 697.04 expands or contracts the concept of . . . Section 697.04 primarily concerns the securing of future advances under a mortgage; it is not a taxation . . .
. . . Paragraph 24 provided: Future Advances: Pursuant to F.S. 697.04, this mortgage shall secure not only . . .
. . . of indebtedness subject to the tax levied by this section secures future advances, as provided in s. 697.04 . . . Failure to pay the tax shall not affect the lien for any such future advance given by s. 697.04, but . . . subsequent advances, while "future advance” refers to subsequent disbursements described in section 697.04 . . .
. . . . § 697.04. . . . secure future advances will contain an express ‘future advances’ provision consistent with section 697.04 . . . Stat. § 697.04(1). . . .
. . . of indebtedness subject to the tax levied by this section secures future advances, as provided in s. 697.04 . . . Failure to pay the tax shall not affect the lien for any such future advance given by s. 697.04, but . . .
. . . secure future advances will contain an express “future advances” provision consistent with section 697.04 . . .
. . . because the future advances clause of the mortgage provides him the protection provided by section 697.04 . . . Razak thus suggests that the provisions of section 697.04 prevail over those of section 95.281 when a . . . Section 697.04 specifies that such a lien only secures those future advances that “are made within [twenty . . . advances were made, any potential lien that might have encumbered the property pursuant to section 697.04 . . .
. . . This mortgage is an open-ended mortgage authorized by section 697.04, Florida Statutes, and contains . . .
. . . secure not only existing indebtedness, but also such future advances ... as are made within 20 years_” § 697.04 . . .
. . . . § 697.04(l)(a), Fla.Stat. (1987). . . .
. . . Section 697.04(l)(b), Florida Statutes (1985), which provides a method for the mortgagor to limit the . . . Section 697.04(1)(b) does not address the circumstances of this case. . . . Thus, we do not agree with appel-lee’s argument which would interpret section 697.04(1)(b) to permit . . . Absent specific statutory language which does not exist in section 697.04(1)(b), we do not conclude that . . .
. . . mortgages on real property as opposed to personal property and as such are governed by Florida Statute 697.04 . . . by the State of Florida, future advances with reference to personal property are governed by Section 697.04 . . . Under Florida Statute § 697.04(3), there is no requirement for the enforcement of a future advance clause . . .
. . . Under Section 697.04(l)(a), Florida Statutes, any mortgage which secures not only existing indebtednesses . . .
. . . Securities to an undisclosed party for Twenty Thousand Six Hundred Ninety-seven and 04/100 Dollars ($20,-697.04 . . .
. . . of indebtedness subject to the tax levied by this section secures future advances, as provided in s. 697.04 . . . Sec. 697.04. Thus, F.S.A. . . .
. . . . § 697.04, the future advance was secured by the future advances clause in the mortgage. . . . Noting that Fla.Stat.Ann. § 697.04 (West Supp. 1982) contains no requirement that subsequent notes make . . . essential is a showing that the future advances clause in the mortgage complies with Fla.Stat.Ann. § 697.04 . . . It is undisputed that the future advances clause in the Brown mortgage complies with Fla.Stat.Ann. § 697.04 . . . FIa.Stat.Ann. § 697.04(1) (West Supp. 1982) reads as follows: (1) Hereafter, any mortgage or other instrument . . .
. . . . § 697.04, the future advance was secured by the future advances clause in the mortgage. . . . Noting that Fla.Stat.Ann. § 697.04 (West Supp. 1982) contains no requirement that subsequent notes make . . . essential is a showing that the future advances clause in the mortgage complies with Fla.Stat.Ann. § 697.04 . . . It is undisputed that the future advances clause in the Brown mortgage complies with Fla.Stat.Ann. § 697.04 . . . Fla.Stat.Ann. § 697.04(1) (West Supp. 1982) reads as follows: (1) Hereafter, any mortgage or other instrument . . .
. . . The above-mentioned statute governing open-end mortgages (§ 697.04, Fla.Stat.) contains no requirement . . .
. . . , or other lien subject to the tax levied by this chapter secures future advances, as provided in § 697.04 . . .
. . . Section 697.04, F.S.1975, provides that a mortgage lien on real property shall secure repayment not only . . . Moreover, the lenders’ mortgages satisfy the requirements of § 697.04, F.S. 1975. . . . speak of a construction loan mortgage as one securing “future advances,” and therefore subject to § 697.04 . . . intended to limit the time in which future advances could be made under the security of a mortgage, § 697.04 . . . Just as before 1941,‘it was held afterwards without aid from § 697.04 that advances upon a note and mortgage . . .
. . . . § 697.04 (1971). . . . Supreme Court announced support for this view in a case arising prior to the passage of Fla.Stat. § 697.04 . . . Section 697.04 originally pertained only to agricultural loans. . . . The court held that the mortgage fell squarely within the protection of § 697.04 such that its lien was . . . However, in the passage of § 697.04 and subsequent amendments thereto, the legislature appears to have . . .
. . . The resolution of Point 1 requires a determination of the applicability to personal property of Sec. 697.04 . . . Sec. 697.04, as it existed at the time the security agreement in question was executed, covered both . . . Sec. 697.04 likewise permits this, but goes on to affirmatively require that the instrument state the . . . The question then devolves whether this provision of Sec. 697.04 was superseded by the Code, because . . . As a result, section 697.04 has been amended to delete any reference to personal property.” . . .
. . . levies, or insurance on the property described therein is specified in said deed as required by Section 697.04 . . .
. . . . § 697.04, and that defendant’s judgment of November 9, 1964, was not recorded until July 14, 1965. . . .
. . . Section 697.04, Florida Statutes, F.S.A. . McEwen v. . . .
. . . We find that the mortgage of First Federal falls squarely within the protection of Fla.Stat. 697.04, . . . Fla.Stat. 697.04(3), F.S.A. On this point we reverse. . . .
. . . Section 697.04, Florida Statutes, F.S.A., provides: “(1)- Hereafter, any mortgage or other instrument . . . Fender, supra, although the scope of such a provision was said to be limited by section 697.04, Florida . . .
. . . . § 697.04. . . .
. . . . § 697.04. Downing v. First National Bank, Fla., 81 So.2d 486. . . .
. . . Fender, 140 Fla. 448, 192 So. 167, although a statute enacted in 1941, now being Section 697.04 F.S.1951 . . .
. . . after Art Lewis pledged his stock to Frank Miller to secure future advances, and that under Section 697.04 . . .