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Florida Statute 701.02 | Lawyer Caselaw & Research
F.S. 701.02 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 701
ASSIGNMENT AND CANCELLATION OF MORTGAGES
View Entire Chapter
F.S. 701.02
701.02 Assignment not effectual against creditors unless recorded and indicated in title of document; applicability.
(1) An assignment of a mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless the assignment is contained in a document that, in its title, indicates an assignment of mortgage and is recorded according to law.
(2) This section also applies to assignments of mortgages resulting from transfers of all or any part or parts of the debt, note or notes secured by mortgage, and none of same is effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration without notice, unless a duly executed assignment be recorded according to law.
(3) Any assignment of a mortgage, duly executed and recorded according to law, purporting to assign the principal of the mortgage debt or the unpaid balance of such principal, shall, as against subsequent purchasers and creditors for value and without notice, be held and deemed to assign any and all accrued and unpaid interest secured by such mortgage, unless such interest is specifically and affirmatively reserved in such an assignment by the assignor, and a reservation of such interest or any part thereof may not be implied.
(4) Notwithstanding subsections (1), (2), and (3) governing the assignment of mortgages, chapters 670-680 of the Uniform Commercial Code of this state govern the attachment and perfection of a security interest in a mortgage upon real property and in a promissory note or other right to payment or performance secured by that mortgage. The assignment of such a mortgage need not be recorded under this section for purposes of attachment or perfection of a security interest in the mortgage under the Uniform Commercial Code.
(5) Notwithstanding subsection (4), a creditor or subsequent purchaser of real property or any interest therein, for valuable consideration and without notice, is entitled to rely on a full or partial release, discharge, consent, joinder, subordination, satisfaction, or assignment of a mortgage upon such property made by the mortgagee of record, without regard to the filing of any Uniform Commercial Code financing statement that purports to perfect a security interest in the mortgage or in a promissory note or other right to payment or performance secured by the mortgage, and the filing of any such financing statement does not constitute notice for the purposes of this section. For the purposes of this subsection, the term “mortgagee of record” means the person named as the mortgagee in the recorded mortgage or, if an assignment of the mortgage has been recorded in accordance with this section, the term “mortgagee of record” means the assignee named in the recorded assignment.
History.s. 1, ch. 6909, 1915; RGS 3841; CGL 5744; s. 13, ch. 20954, 1941; s. 2, ch. 89-41; s. 20, ch. 2005-241.

F.S. 701.02 on Google Scholar

F.S. 701.02 on Casetext

Amendments to 701.02


Arrestable Offenses / Crimes under Fla. Stat. 701.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 701.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BARTON, v. METROJAX PROPERTY HOLDINGS, LLC, a LLC, a v. a, 207 So.3d 304 (Fla. Dist. Ct. App. 2016)

. . . The City’s and the trial court’s rebanee on section 701.02(1) is misplaced. In JP Morgan Chase v. . . . The trial court also determined that BB & T was protected by section 701.02 because it is a subsequent . . . In doing so, the Second District held that section 701.02(1) only applies to estop an earlier purchaser . . . (In re Halabi), 184 F.3d 1335 (11th Cir.1999), which held that section “701.02’s recording requirement . . . (citing § 701.02, Fla. Stat. (2013); JP Morgan, 6 So.3d at 684-86). . . .

DEUTSCHE BANK NATIONAL TRUST COMPANY, v. L. HAGSTROM R., 203 So. 3d 918 (Fla. Dist. Ct. App. 2016)

. . . Moreover, section 701.02(4) specifically states that chapters 670-680 of the UCC “govern the attachment . . .

HSBC BANK USA, N. A. v. PEREZ, G. N. A. U. S. N. A. N. A. N. A. WMALT, 165 So. 3d 696 (Fla. Dist. Ct. App. 2015)

. . . To resolve the dispute, the circuit court applied section 701.02, Florida Statutes (2008), the recording . . . Bank’s argument that section 701.02 compels a result in its favor. . . . Both the Plain Language of Section 701.02(1) and the 2005 Amendment Contained in Section 701.02(4-) Demonstrate . . . Three years after Garrett, the Florida Legislature enacted section 701.02. . . . when the Legislature added section 701.02(4). . . .

C. BRANDENBURG v. RESIDENTIAL CREDIT SOLUTIONS, INC., 137 So. 3d 604 (Fla. Dist. Ct. App. 2014)

. . . See generally § 701.02, Fla. Stat. (2013); JP Morgan Chase v. . . .

U. S. BANK NATIONAL ASSOCIATION, NCI NCI, v. BUSQUETS, 135 So. 3d 488 (Fla. Dist. Ct. App. 2014)

. . . See generally §§ 701.02, 702.09, Fla. Stat. (2011). . . .

FIDELITY LAND TRUST COMPANY, LLC No. v. SECURITY NATIONAL MORTGAGE COMPANY,, 905 F. Supp. 2d 1276 (M.D. Fla. 2012)

. . . unrecorded assignment or transfer of the Subject Mortgage pursuant to Florida Statutes §§ 695.01 and 701.02 . . .

FIDELITY LAND TRUST COMPANY, LLC No. v. CENTEX HOME EQUITY COMPANY, LLC, n k a LLC,, 903 F. Supp. 2d 1317 (M.D. Fla. 2012)

. . . § 695.01 (Count I); discharging an unrecorded assignment of mortgage pursuant to Florida Statute § 701.02 . . . Stat. § 701.02. . . .

MONTOYA v. SHELDON, a a, 286 F.R.D. 602 (D.N.M. 2012)

. . . Capra, Federal Rules of Evidence Manual § 701.02[7], at 701-17 (9th ed.2006). Dr. . . .

UNITED STATES v. ALBERTELLI, v. v. v. a k a, 687 F.3d 439 (1st Cir. 2012)

. . . Weinstein & Berger, supra, § 701.02; see also FecLR.Evid. 701 advisory committee note. . . .

FULLER, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MERSCORP INC., 888 F. Supp. 2d 1257 (M.D. Fla. 2012)

. . . Section 701.02(1), Florida Statutes provides that a mortgage assignment is not effective in providing . . .

In AUM SHREE OF TAMPA, LLC, d b a LLC, d b a v. HSBC USA, HSBC USA, v. LLC, d b a HSBC USA, v., 449 B.R. 584 (Bankr. M.D. Fla. 2011)

. . . . § 701.02 and avoidance of the alleged liens pursuant to Section 544; Count III — to avoid the alleged . . . Stat. § 701.02. (Count II) As to Count II, the Debtor raised the issue of HSBC’s violation of Fla. . . . . § 701.02. . . . Stat. § 701.02’s recording requirements are applicable only, and enforceable only, by competing creditors . . . Stat. § 701.02, the Eleventh Circuit stated, From the point of view of the mortgagor or someone standing . . .

In SUPERTRAIL MANUFACTURING CO. INC. v. Co., 383 F. App'x 475 (5th Cir. 2010)

. . . . § 701.02(1) (2009): An assignment of a mortgage upon real property or of any interest therein, is not . . .

In SUPERTRAIL MANUFACTURING CO. INC. v. Co., 383 F. App'x 475 (5th Cir. 2010)

. . . . § 701.02(1) (2009): An assignment of a mortgage upon real property or of any interest therein, is not . . .

JP MORGAN CHASE, v. NEW MILLENNIAL, LC W. No. No. a, 6 So. 3d 681 (Fla. Dist. Ct. App. 2009)

. . . The Assignments were not recorded in accordance with § 701.02, Florida Statutes. 2. . . . Accordingly, pursuant to section 701.02, Florida Statutes, the mortgages at issue are not effective or . . . Section 701.02 provides, in relevant part: Assignment not effectual against creditors unless recorded . . . JP Morgan first argues that the trial court misapplied section 701.02 when it held that New Millennial . . . JP Morgan’s position is that section 701.02(1) only applies to estop an earlier purchaser/assignee of . . .

In WILLIAMS, R. v. N. A., 395 B.R. 33 (Bankr. S.D. Ohio 2008)

. . . . § 701.02. 4. . . . Stat. § 701.02. . . . .

UNITED STATES v. KAPLAN, 490 F.3d 110 (2d Cir. 2007)

. . . Berger, Wein-stein’s Federal Evidence § 701.02 (Joseph M. McLaughlin ed., 2d ed.2004). . . .

In AMERICAN EQUITY CORPORATION OF PINELLAS,, 332 B.R. 645 (Bankr. M.D. Fla. 2005)

. . . Under Florida Statute 701.02, an assignment is effective if it indicates that it is an assignment of . . .

UNITED STATES v. AWADALLAH,, 401 F. Supp. 2d 308 (S.D.N.Y. 2005)

. . . Berger, Weinstein’s Federal Evidence § 701.02 (2005) (approving testimony that a person was "lucid” or . . .

SLACHTER, v. A. SWANSON,, 826 So. 2d 1012 (Fla. Dist. Ct. App. 2001)

. . . On the other hand, Swanson argues that he is protected by section 701.02, Florida Statutes (1995), as . . .

IN RE HALABI a. k. a. R. v., 184 F.3d 1335 (11th Cir. 1999)

. . . . § 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein, shall . . . Stat. § 701.02’s recording requirement is applicable only to (and enforceable by) competing creditors . . . Stat. § 701.02 accords with common sense. . . . Stat. § 701.02 applied only to creditors or subsequent purchasers of a mortgagee. . . . Stat. § 701.02 to prevail against improperly recorded assignments of a duly recorded mortgage, we endorse . . .

IN RE HALABI a. k. a. R. v., 184 F.3d 1335 (11th Cir. 1999)

. . . . § 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein, shall . . . Stat. § 701.02’s recording requirement is applicable only to (and enforceable by) competing creditors . . . Stat. § 701.02 accords with common sense. . . . Stat. § 701.02 applied only to creditors or subsequent purchasers of a mortgagee. . . . Stat. § 701.02 to prevail against improperly recorded assignments of a duly recorded mortgage, we endorse . . .

A. VALK, v. J. E. M. DISTRIBUTORS OF TAMPA BAY, INC. KWPH,, 700 So. 2d 416 (Fla. Dist. Ct. App. 1997)

. . . In. the next paragraph of the order the court quoted section 701.02, Florida Statutes (1995), subsection . . .

UNITED STATES v. MICHAEL R., 90 F.3d 340 (9th Cir. 1996)

. . . rationalizes the stop under Arizona traffic laws for (a) a speed violation, see Arizona Revised Statutes §§ 28-701.02 . . .

In HALABI a k a R. KAPILA, v. FARRAGUT MORTGAGE CO. INC. a a V., 196 B.R. 631 (Bankr. S.D. Fla. 1996)

. . . . § 701.02 and 11 U.S.C. §§ 544 and 549. . . . . § 701.02: (1) No assignment of a mortgage upon real property or of any interest therein, shall be good . . . While Fla.Stat. § 701.02 requires the recording of an assignment of a mortgage for the assignment to . . . The recording requirement of Fla.Stat. § 701.02 relates only to competing creditors’ interest or bona . . . Since the requirements of Fla.Stat. § 701.02 do not apply to competing interests between mortgagors or . . .

H. SMITH, v. FEDERAL DEPOSIT INSURANCE CORPORATION, a, 61 F.3d 1552 (11th Cir. 1995)

. . . . § 701.02(1) (West 1994). . . . Stat.Ann. § 701.02(1). B. . . . is at that moment that one must also be “without notice” to gain the protection of Fla.Stat.Ann. § 701.02 . . . See, e.g., In re Lakeside I Corp., 120 B.R. 213 (Bankr.M.D.Fla.1990) (§ 701.02(1) applies to third party . . . , for valuable consideration” under § 701.02(1) (emphasis added). . . . .

In H. MINER, Sr. H. MINER, Sr. E. v. BAY BANK TRUST COMPANY,, 185 B.R. 362 (N.D. Fla. 1995)

. . . . § 701.02(1), Fla.Stat. (1993). . . .

In KAVOLCHYCK BARNETT BANK OF SOUTH FLORIDA, N. A. v. S. WEITZNER,, 164 B.R. 1018 (S.D. Fla. 1994)

. . . . §§ 695.01 and 701.02. . . . interest in the Debtors’ leasehold interests in 1986 by recording pursuant to Fla.Stat. §§ 697.01 and 701.02 . . .

STRYKOWSKI, v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORP. d b a METRA METRA, 827 F. Supp. 468 (N.D. Ill. 1993)

. . . Ch. 111⅔, Para. 701.02(c). . . .

In KAVOLCHYCK S. WEITZNER, v. GOLDMAN, 154 B.R. 793 (Bankr. S.D. Fla. 1993)

. . . Subsection (1) of section 701.02, Florida Statutes, is amended to read: 701.02 Assignment not effectual . . . However, Section 2 of Fla.Law ch. 89-41 did change the wording of § 701.02(1), Fla. . . . Documents such as those referred to in § 701.02(1) are recorded in the public records of the applicable . . . Since the actual document assigning a leasehold mortgage must be filed pursuant to §§ 701.02 and 695.01 . . . Therefore, by combining the reenactment of § 679.104(10) together with the amendment of § 701.02, the . . .

In ASCOT MORTGAGE, INC. W. H. WILLSON, Jr. v. MLA, INC., 153 B.R. 1002 (Bankr. N.D. Ga. 1993)

. . . . § 701.02(1), which provides that “[no] assignment of a mortgage upon real property or of any interest . . . Ann. § 701.02 pertains to contests between the mortgagor (or his successor) and a mortgagee’s successor . . . Thus, as between a mortgagee and the mortgagee’s successor, Fla.Stat.Ann. § 701.02 has no application . . . Stat.Ann. § 701.02, a judgment creditor would not prevail over the right of the Defendant to the Florida . . . Even if Fla.Stat.Ann. § 701.02 were somehow found to be applicable, constructive knowledge would be imputed . . .

AMERICAN BANK OF THE SOUTH, v. ROTHENBERG,, 598 So. 2d 289 (Fla. Dist. Ct. App. 1992)

. . . Rothenberg argued that pursuant to section 701.02(1), Florida Statutes (1991), American Bank’s failure . . . The confusion in this case arises from the failure of both parties to recognize that section 701.02, . . . Section 701.02 was enacted to protect a creditor or subsequent purchaser of land who has relied on the . . . Section 701.02 provides: (1) No assignment of a mortgage upon real property or of any interest therein . . .

LLOYD v. CHICAGO TITLE INSURANCE COMPANY,, 576 So. 2d 310 (Fla. Dist. Ct. App. 1990)

. . . encumbrances or assignment and, for that reason, it is entitled to the protection afforded by section 701.02 . . . Section 701.02(1), Florida Statutes (1987), relied upon by Chicago Title, provides: No assignment of . . .

In LAKESIDE I CORPORATION, C. LAKESIDE I CORPORATION, C. v. CITIBANK FLORIDA N. A., 120 B.R. 213 (Bankr. M.D. Fla. 1990)

. . . (3), they occupy the position of a bona fide purchaser of real property thus by virtue of Fla.Stat. 701.02 . . . Fla.Stat. 701.02 entitled “Assignment not effectual against creditors unless recorded” provides (1) No . . .

In LAKESIDE I. CORPORATION,, 104 B.R. 468 (Bankr. M.D. Fla. 1989)

. . . . § 701.02 as a condition to the enforceability of a mortgage against subsequent creditors or purchasers . . .

UNITED STATES v. D. FREY, 708 F. Supp. 310 (D. Kan. 1988)

. . . $95,935.67 was due and owing on the principal of the note and guaranty, plus accrued interest of $109,-701.02 . . .

E. DELOZIER, v. FIRST NATIONAL BANK OF GATLINBURG,, 113 F.R.D. 522 (E.D. Tenn. 1986)

. . . The oft noted “illusory quality of ... a fact-opinion distinction,” 11 Moore, Federal Practice § 701.02 . . .

In FIDELITY STANDARD MORTGAGE CORP. f k a S. B. I. COLIN, v. FIDELITY STANDARD MORTGAGE CORP. BLIER, v. FIDELITY STANDARD MORTGAGE CORP. PRYOR, v. FIDELITY STANDARD MORTGAGE CORP., 36 B.R. 496 (Bankr. S.D. Fla. 1983)

. . . Fla.Stats., § 701.02(1), provides: No assignment of a mortgage upon real property or of any interest . . . The language of § 701.02(1) is about as clear as the legislature could make it that no unrecorded assignment . . . mortgage market would be jeopardized by the enforcement in bankruptcy of statutes such as Fla.Stats., § 701.02 . . .

JOY MANUFACTURING COMPANY, a No. v. SOLA BASIC INDUSTRIES, INC. a a a No., 697 F.2d 104 (3d Cir. 1982)

. . . Moore, supra, § 701.02; 3 J. Weinstein & M. Berger, Weinstein’s Evidence ¶ 701[01] (1981). . . .

MARTIN, v. S. WEAVER, 666 F.2d 1013 (6th Cir. 1981)

. . . Code § 701.02; and (2) that James Martin was guilty of contributory negligence. . . . because Officer Weaver was “responding to an emergency call” within the meaning of Ohio Rev.Code § 701.02 . . . Section 701.02 provides, in pertinent part: Any municipal corporation shall be liable in damages for . . . Code § 701.02. . . . However, section 701.02’s preservation and grant of municipal and personal immunity is not absolute. . . . and the City defended on the ground of the exemption from liability provided by Ohio Revised Code § 701.02 . . .

PARRATT v. TAYLOR, 451 U.S. 527 (U.S. 1981)

. . . Code §701.02 (1976), for acts while responding to an emergency call. . . .

A. EVERHART v. DRAKE MANAGEMENT, INC. UNION COMMERCE, v. FIREMAN S FUND INSURANCE CO., 627 F.2d 686 (5th Cir. 1980)

. . . . § 701.02 which requires mortgage assignments be placed of record to be effective against creditors. . . .

In FRANKLIN NATIONAL BANK SECURITIES LITIGATION, 478 F. Supp. 577 (E.D.N.Y. 1979)

. . . acknowledged “the illusory quality of such a fact-opinion distinction.” 11 Moore, Federal Practice § 701.02 . . .

RUCKER v. STATE EXCHANGE BANK, a, 355 So. 2d 171 (Fla. Dist. Ct. App. 1978)

. . . interest in a real estate mortgage is protected by recording the assignment as' required by Section 701.02 . . .