Cases from cite.case.law:

M. ZANDER, v. CIMA,, 197 So. 3d 1082 (Fla. Dist. Ct. App. 2015)

. . . improperly seeking to collect on the note where the mortgage failed to meet the requirements of section 697.05 . . . asserted that the trial court determined that the mortgage failed to meet the requirements of section 697.05 . . . mortgage' securing the note failed to meet the requirements of a balloon mortgage as prescribed by section 697.05 . . . See § 697.05(4)(b) ("This section does not apply to ... . . . Further, section 697.05(4)(g) also exempts “[a]ny mortgage granted by a purchaser to a seller pursuant . . .

MEJIA v. CONAMARIS INVESTMENT CORP. a, 671 So. 2d 204 (Fla. Dist. Ct. App. 1996)

. . . . § 697.05(2)(b), Fla.Stat. (1993). . . .

G. STEVENS, v. ALLEGRO LEASING, INC. a, 562 So. 2d 380 (Fla. Dist. Ct. App. 1990)

. . . the purchaser/mortgagor, contended that the note and mortgage involved did not comply with section 697.05 . . . concluded that the term of the note in question was five years and, thus, it was controlled by section 697.05 . . .

R. LAGE, v. PAN AMERICAN BANK n k a NCNB, 529 So. 2d 1242 (Fla. Dist. Ct. App. 1988)

. . . Judgment in a mortgage foreclosure action is whether the provisions of the balloon mortgage statute, § 697.05 . . . We hold that the mortgage before us is a balloon mortgage subject to the provisions of section 697.05 . . . and counter cross-claim against NCNB asserting the affirmative defense of noncompliance with section 697.05 . . . Section 697.05(2)(a)l, Florida Statutes (1987), defines “balloon mortgage” as “[e]very mortgage in which . . . See § 697.05(3), Fla.Stat. (1987). . . . .

F. CADEN, M. L. A. v. SAFECO TITLE INSURANCE COMPANY,, 475 So. 2d 275 (Fla. Dist. Ct. App. 1985)

. . . In doing so, Safeco failed to include in the mortgage the statutory legend mandated by section 697.05 . . . Pursuant to section 697.05(4), the Hudsons counterclaimed, seeking the return of all the interest they . . . See § 697.05(4), Fla.Stat. (1979). . . . Further, neither section 697.05 nor the final judgment provide for or allow acceleration of future interest . . . Whether section 697.05 or the facts and circumstances of this case affords the Cadens an independent . . .

E. C. FOGG, III, v. SOUTHEAST BANK, N. A. a, 473 So. 2d 1352 (Fla. Dist. Ct. App. 1985)

. . . In 1983 the balloon mortgage statute, section 697.05(2)(a), Florida Statutes, was amended to exempt from . . . The act in question did no more than exempt this mortgage from the penalty provision of section 697.05 . . . If the mortgage had been found to be in violation of section 697.05(2), Florida Statutes, then the court . . . The trial court therefore correctly applied the 1983 amendment to section 697.05, Florida Statutes, to . . .

In SHELL MATERIALS, INC. SHELL MATERIALS, INC. v. FIRST BANK OF PINELLAS COUNTY,, 51 B.R. 744 (Bankr. M.D. Fla. 1985)

. . . In Count I of the Complaint, the Debtor alleges that the Bank, a secured creditor, violated § 697.05 . . . Section 697.05 Fla.Stat. (1983) provides as follows: .697.05 Balloon mortgages; scope of law; definition . . . complied with the statute and substantial compliance is sufficient; (2) that the mortgage is excepted by § 697.05 . . . arguments and finds each without merit for the following reasons: First, the constitutionality of § 697.05 . . .

H. SNAITH G. v. G. HARALDSON, F. A. W., 466 So. 2d 1148 (Fla. Dist. Ct. App. 1985)

. . . The legend required by section 697.05(2)(a), Florida Statutes (1981), appears on the mortgage, but it . . . does not appear at both points that section 697.05(2)(b) directs it should. . . . apparently feeling that the mortgage as prepared did not meet the statutory requirements of section 697.05 . . . purview of the statutory exception regarding “[a]ny mortgage created for a term of more than 5 years.” § 697.05 . . . furnish, except that the mortgage does not set forth the legend in the exact manner required by section 697.05 . . .

R. SPIELVOGEL, v. CROWN REALTY ASSOCIATES, A, 465 So. 2d 532 (Fla. Dist. Ct. App. 1984)

. . . well-pled allegation that the mortgage was a balloon mortgage, subject to the provisions of section 697.05 . . . involved in the parties’ dispute was determined not to be a balloon mortgage as defined by Section 697.05 . . . the most reasonable interpretation of the phrase ‘term’ of the mortgage as used in Florida Statutes § 697.05 . . .

FOGG v. SOUTHEAST BANK, N. A., 7 Fla. Supp. 2d 1 (Fla. Cir. Ct. 1984)

. . . Both parties agree that the primary legal issue for determination by the Court is whether Section 697.05 . . . A new provision, Section 697.05(5)(e), Florida Statutes, specifically exempted from the scope and operation . . . Based upon the foregoing, Section 697.05, Florida Statutes is inapplicable to the mortgage loan held . . .

R. O NEIL, v. LORAIN NATIONAL BANK, a, 369 So. 2d 378 (Fla. Dist. Ct. App. 1979)

. . . . § 697.05 Fla.Stat. (1977). . . . Appellee also alleges that Section 697.05(4) Florida Statutes (1977) predicates liability upon persons . . . note and mortgage, it is not liable for having failed to place the proper legend on the mortgage. § 697.05 . . . The mortgage did not contain the legend required by Section 697.05(2) and was not a first mortgage. . . . Section 697.05(4) states in part: Any mortgagee, creditor, bonafide holder, assignee, transferee, endorsee . . .

E. OVERLOOK A. v. L. MARSHALL,, 363 So. 2d 131 (Fla. Dist. Ct. App. 1978)

. . . involves a rather harsh application of the forfeiture provisions of the balloon mortgage statute, Section 697.05 . . .

C. DAVIES F. v. L. G. COX, 349 So. 2d 218 (Fla. Dist. Ct. App. 1977)

. . . This is an appeal involving the construction and effect of Section 697.05, Florida Statutes, dealing . . . Davies, were not entitled to invoke the provisions of Section 697.05 to prevent the appellees, L. . . . Section 697.05(2)(a) provides: Every mortgage in which the final payment or the balance due and payable . . . Thereafter, the statute provides that the failure to comply with the requirements of Section 697.05(2 . . . The Cox mortgage does not contain the language set out in Section 697.05(2)(a). . . .

S. FLETCHER C. Co- H. v. LIBERTY NATIONAL BANK AND TRUST COMPANY OF LOUISVILLE, A, 349 So. 2d 652 (Fla. Dist. Ct. App. 1977)

. . . American was usurious; and the note and mortgage violated the “Florida Balloon Mortgage Statute”, Section 697.05 . . .

H. OVERSTREET a v. BISHOP,, 343 So. 2d 958 (Fla. Dist. Ct. App. 1977)

. . . Moody discovered that the mortgage was a balloon mortgage and subject to the proscriptions of Section 697.05 . . . the mortgage was a balloon mortgage and was therefore subject to the forfeiture provisions of Section 697.05 . . . involve the unconscionable overreaching of a mortgagor who sought to invoke the provisions of Section 697.05 . . . Following default, a foreclosure action was brought and the mortgagor sought enforcement of Section 697.05 . . .

SLOMOVIC, v. PETRYK,, 341 So. 2d 208 (Fla. Dist. Ct. App. 1976)

. . . She relies upon the provisions of F.S. 697.05 (1975), to sustain her position. . . . Section 697.05, F.S. (1975) provides that any conveyance given for the purpose of securing money is deemed . . . F.S. 697.05(3) (1975). . . . The issue to be decided by us is whether the provisions of F.S. 697.05 (1975) apply to this lawsuit or . . . execution of the note the appellee is bound by the provisions of the Balloon Mortgage Statute (F.S. 697.05 . . .

E. PERRY, v. KEY WEST STATE BANK, a, 339 So. 2d 248 (Fla. Dist. Ct. App. 1976)

. . . Florida Statutes § 697.05(2)(a) requires that “[ejvery mortgage in which the final payment or the balance . . . Florida Statutes § 697.05(3) & (4) provide penalties for failure of the mortgagee to comply with the . . . These provisions do not apply, however, where the mortgage falls within the exemption of Section 697.05 . . . the most reasonable interpretation of the phrase “term” of the mortgage as used in Florida Statutes § 697.05 . . . Affirmed. . § 697.05, Fla.Stat. (1975). . . .

VLOCK v. CAPODILUPO,, 327 So. 2d 787 (Fla. Dist. Ct. App. 1976)

. . . moved to amend the pleadings to conform to the evidence and to apply the Balloon Mortgage Statute [§ 697.05 . . . We cannot agree. § 697.05, Fla.Stat., F.S.A. reads in pertinent part: “697.05 Balloon mortgages; scope . . .

LUPOFF, v. G. HARTOG, a, 237 So. 2d 588 (Fla. Dist. Ct. App. 1970)

. . . Section 697.05, F.S.A. . . . facts of this mortgage transaction warrant the application of the forfeiture provisions under Section 697.05 . . . fees because the following language was not printed or clearly stamped on the mortgage pursuant to 697.05 . . . Section 697.05, F.S.A., and that the mortgagee was thus precluded from collecting interest and being . . . Section 697.05, F.S.A. is clear and plain and that since the relationship between the parties is one . . .

L. WINNER, L. v. WESTWOOD, Jr. M., 237 So. 2d 151 (Fla. 1970)

. . . . § 697.05, F.S.A., the “Balloon Mortgage Statute.” . . . . § 697.05, F.S. A., and, therefore, subject to the penalties contained in the statute. . . . contain the required legend, and does not qualify under any of the exceptions provided by Fla.Stat. § 697.05 . . . Exceptions to the application of the penalties are listed in Fla.Stat, § 697.05(5), F.S.A.: “This section . . . Stat. § 697.05(5) (b), F.S.A. above. . . .

BELLMAN v. YARMARK ENTERPRISES, INC. a, 180 So. 2d 663 (Fla. Dist. Ct. App. 1965)

. . . and to entel-an amended final decree upon the complaint in accordance with the provisions of section 697.05 . . . and the counter-plaintiff in an action to secure forfeiture of interest payments pursuant to section 697.05 . . . He urges that the chancellor misconstrued section 697.05 Florida Statutes, F.S.A., which is sometimes . . . The section is as follows: “697.05 Balloon mortgages; scope of law; definition; requirements as to-contents . . .

SHERIDAN COAL CO., 4 B.T.A. 563 (B.T.A. 1926)

. . . 1917_ 143. 21 12-31-1917 Depreciation 416. 67 12-22-1917_ 368. 50 Balance_ __ 37,900.97 12-31-1917_ 697.05 . . .