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Florida Statute 702.08 | Lawyer Caselaw & Research
F.S. 702.08 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 702.08

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. 702.08
702.08 Effect of setting aside foreclosure decree.Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the mortgage, together with its lien and the debt thereby secured, shall be, both in law and equity, completely relieved of all effects of any kind whatsoever resulting from or on account of the foreclosure proceedings and the decree of foreclosure and fully restored in all respects to the original status of the same as it existed prior to the foreclosure proceedings and the decree of foreclosure, and thereafter the same shall be for all purposes whatsoever legally of force and effect just as if foreclosure proceeding had never been instituted and a decree of foreclosure had never been made.
History.s. 2, ch. 11881, 1927; CGL 5753.

F.S. 702.08 on Google Scholar

F.S. 702.08 on Casetext

Amendments to 702.08


Arrestable Offenses / Crimes under Fla. Stat. 702.08
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.08.



Annotations, Discussions, Cases:

Cases from cite.case.law:

ALUIA, v. DYCK- O NEAL, INC., 205 So. 3d 768 (Fla. Dist. Ct. App. 2016)

. . . . § 702.08 (“Whenever a decree of foreclosure has been so rescinded, vacated, and set aside ... the mortgage . . . cannot be “unmerged” for any purpose absent a setting aside of the final judgment pursuant to section 702.08 . . .

WELLS FARGO BANK, N. A. v. A. GIESEL,, 155 So. 3d 411 (Fla. Dist. Ct. App. 2014)

. . . . § 702.08, Fla. Stat. (1993). Id. at 116. . . .

In AFI HOLDING, INC. A. v. J. A. M. AFI, 530 F.3d 832 (9th Cir. 2008)

. . . on any "prejudicial association” with interests adverse to those of the estate. 6 Collier, supra, ¶ 702.08 . . .

In AFI HOLDING, INC. A. v. J. A. M. AFI, 530 F.3d 832 (9th Cir. 2008)

. . . on any "prejudicial association” with interests adverse to those of the estate. 6 Collier, supra, ¶ 702.08 . . .

In AFI HOLDING, INC. A. v. J. A., 355 B.R. 139 (B.A.P. 9th Cir. 2006)

. . . on any "prejudicial association” with interests adverse to those of the estate. 6 Collier, supra, ¶ 702.08 . . .

In TRAN Ky Vo, S. v. Ky Vo,, 297 B.R. 817 (Bankr. N.D. Fla. 2003)

. . . had a beginning balance of zero with available credit of $5,000.00, and shows various purchases of $702.08 . . .

M. LUCAS K. v. BARNETT BANK OF LEE COUNTY,, 705 So. 2d 115 (Fla. Dist. Ct. App. 1998)

. . . . § 702.08, Fla. Stat. (1993). . . .

In AGENT ORANGE PRODUCT LIABILITY LITIGATION, 611 F. Supp. 1296 (E.D.N.Y. 1985)

. . . The expenses allowed amount to $32,-702.08. Mr. . . .

M. ROY A. v. MATHESON,, 263 So. 2d 604 (Fla. Dist. Ct. App. 1972)

. . . The applicability vel non of Section 702.08, Florida Statutes, F.S.A., to the facts under consideration . . . Section 702.08, supra, by its terms provides that when in a mortgage foreclosure action the trial court . . . The wording of Section 702.08, supra, is clear and unambiguous and we find no difficulty in holding that . . .