Home
Menu
Call attorney Graham Syfert at 904-383-7448
Personal Injury Lawyer
Florida Statute 702.07 | Lawyer Caselaw & Research
F.S. 702.07 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 702.07

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS
View Entire Chapter
F.S. 702.07
702.07 Power of courts and judges to set aside foreclosure decrees at any time before sale.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 of such decree, and to dismiss the foreclosure proceeding upon the payment of all court costs.
History.s. 1, ch. 11881, 1927; CGL 5752.

F.S. 702.07 on Google Scholar

F.S. 702.07 on Casetext

Amendments to 702.07


Arrestable Offenses / Crimes under Fla. Stat. 702.07
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.07.



Annotations, Discussions, Cases:

Cases from cite.case.law:

J. CASARES, v. WELLS FARGO BANK, N. A., 268 F. Supp. 3d 248 (D.D.C. 2017)

. . . . § 702.07, the circuit court in Indian River County was a court of competent jurisdiction to resolve . . .

CITIBANK, N. A. I v. UNKNOWN HEIRS, E. s, 197 So. 3d 1214 (Fla. Dist. Ct. App. 2016)

. . . Appellant’s motion was filed in the trial court pursuant to section 702.07, Florida Statutes (2015), . . .

SALAZAR, v. HSBC BANK, USA, NA,, 158 So. 3d 699 (Fla. Dist. Ct. App. 2015)

. . . of the court to file and then record a certificate of title unless a timely objection is filed); § 702.07 . . . Giglio, 123 So.3d 60, 60-61 (Fla. 4th DCA 2013) (holding that "section 702.07 ‘standing alone does not . . . , 78 So.3d 699, 702-03 (Fla. 4th DCA 2012))); Toler, 78 So.3d at 703 ("Given the statute’s [section 702.07 . . .

F. PETERSON, v. LAKE SURPRISE II CONDOMINIUM ASSOC., 118 So. 3d 313 (Fla. Dist. Ct. App. 2013)

. . . . § 702.07 (2012) (“[t]he circuit courts of this state, and the judges thereof at chambers, shall have . . .

WELLS FARGO BANK, NA, v. J. GIGLIO,, 123 So. 3d 60 (Fla. Dist. Ct. App. 2013)

. . . Wells Fargo’s motion relied upon section 702.07, Florida Statutes (2011), as well as Florida Rule of . . . We have held that section 702.07 “standing alone does not create an independent, substantive right to . . .

TOLER v. BANK OF AMERICA, NATIONAL ASSOCIATION, 78 So. 3d 699 (Fla. Dist. Ct. App. 2012)

. . . In their arguments, the parties dispute the effect of section 702.07, Florida Statutes (2009), and we . . . The Tolers argue that section 702.07 exists independent of any other means of obtaining relief from a . . . Section 702.07 grants a circuit court the “jurisdiction, power, and authority to rescind, vacate, and . . . set aside a decree of foreclosure of a mortgage of property.” § 702.07. . . . As to the timeliness issue, section 702.07 is irrelevant under the facts of this case. . . .

STERLING FACTORS CORPORATION, v. U. S. BANK NATIONAL ASSOCIATION N. a k a a k a C. W., 968 So. 2d 658 (Fla. Dist. Ct. App. 2007)

. . . set aside the foreclosure judgment once the sale occurred based upon its interpretation of section 702.07 . . . SECTION 702.07 DID NOT DEPRIVE THE CIRCUIT COURT OF JURISDICTION TO CONSIDER THE MOTION FOR RELIEF FROM . . . The supreme court quoted the text that is now section 702.07 and stated: If Taylor by his petition to . . . The supreme court reversed, but rejected the notion that section 702.07 deprived the circuit court of . . . He alleges that the provision of Section 702.07 supports this contention. . . .

S. NOBANI, v. BARCELONA DEVELOPMENT CORPORATION,, 655 So. 2d 250 (Fla. Dist. Ct. App. 1995)

. . . Pursuant to section 702.07, Florida Statutes (1993), the circuit court has the authority to vacate or . . .

In NANVAROK SEVEN, INC., 148 B.R. 86 (Bankr. D.D.C. 1992)

. . . N.D.Iowa 1989) citing 4 Collier on Bankruptcy par. 702.07 (15th ed. 1988). . . .

AVALON CINEMA CORPORATION, v. W. THOMPSON,, 689 F.2d 137 (8th Cir. 1982)

. . . Plaintiff asks us to award a total of $29,-702.07 in fees and expenses. . . .

J. M. REALTY INVESTMENT CORP. v. I. STERN,, 296 So. 2d 588 (Fla. Dist. Ct. App. 1974)

. . . . § 702.07, F.S. . . .

ALUMINUM IRRIGATION, INC. a B. v. EMPIRE CAPITOL CORPORATION, a, 194 So. 2d 922 (Fla. Dist. Ct. App. 1967)

. . . it ordered the sale of the property so that the order of resale was void or voidable under Sections 702.07 . . .

SECURITIES CREDIT CO. v. HILL,, 17 Fla. Supp. 102 (Duval Cty. Cir. Ct. 1961)

. . . Until a valid foreclosure sale “has been actually made” this court has the power (see section 702.07) . . .

HOLIDAY, INC. a O. v. GLASER,, 121 So. 2d 677 (Fla. Dist. Ct. App. 1960)

. . . The appellee contends that by the terms of § 702.07, Fla.Stat., F.S.A., the chancellor had lost the power . . . Section 702.07, supra, grants to the chancellor the power to “rescind, vacate and set aside a decree . . .

MAULE INDUSTRIES, a v. SEMINOLE ROCK AND SAND COMPANY, a a, 91 So. 2d 307 (Fla. 1956)

. . . Section 702.07 stipulates that circuit courts shall have jurisdiction to vacate and set aside decrees . . . He alleges that the provision of Section 702.07 supports this contention. . . .