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Florida Statute 698.01 | Lawyer Caselaw & Research
F.S. 698.01 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 698.01

The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY
Chapter 698
CHATTEL MORTGAGES
View Entire Chapter
F.S. 698.01
698.01 To be recorded.No chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or unless the property included in it be delivered to the mortgagee and continue to remain truly and bona fide in her or his possession.
History.RS 1983; GS 2496; RGS 3833; CGL 5726; s. 779, ch. 97-102.

F.S. 698.01 on Google Scholar

F.S. 698.01 on Casetext

Amendments to 698.01


Arrestable Offenses / Crimes under Fla. Stat. 698.01
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 698.01.



Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA FIRST NATIONAL BANK OF JACKSONVILLE, a v. DENT G. P., 350 So. 2d 481 (Fla. Dist. Ct. App. 1977)

. . . Section 698.01, Florida Statutes (1969), did indeed require two subscribing witnesses. . . .

FINGER FURNITURE COMPANY, d b a v. J. H. BROCK,, 410 F.2d 568 (5th Cir. 1969)

. . . intentional withholding of the recordation of the Chattel Mortgage * * * was in violation of Section 698.01 . . .

MERIT CLOTHING COMPANY, a v. LEES a k a K. N. d b a O. s, L., 218 So. 2d 779 (Fla. Dist. Ct. App. 1969)

. . . WITHOUT KNOWLEDGE OF THE MORTGAGE, WHEN THE SAID CHATTEL MORTGAGE IS NOT RECORDED AS REQUIRED BY SECTION 698.01 . . . without knowledge of the chattel mortgage and said chattel mortgage was not recorded as required by § 698.01 . . .

AUSTIN, v. C. HARDEN, Jr., 152 So. 2d 751 (Fla. Dist. Ct. App. 1963)

. . . . § 698.01, F.S.A., no chattel mortgage is valid as against a subsequent bona fide purchaser for value . . .

RICHARDSON TRACTOR COMPANY, a v. SQUARE DEAL MACHINERY SUPPLY COMPANY, a, 149 So. 2d 388 (Fla. Dist. Ct. App. 1963)

. . . was required to be recorded in order to be valid against creditors or subsequent purchasers, Section 698.01 . . .

F. C. DONOGHUE D. v. F. BEELER, 127 So. 2d 125 (Fla. Dist. Ct. App. 1961)

. . . Section 698.01, Fla.Stat., F.S.A., provides as follows: "No chattel mortgage shall be valid or effectual . . . Unless § 698.01, supra, has no meaning, then it is my opinion that the majority conclusion is incorrect . . .

UNITED STATES v. PAGANO, d b a M., 188 F. Supp. 774 (E.D.N.Y. 1960)

. . . . § 698.01, F.S.A.; accord, Love v. Sierra Nevada Lake Water & Mining Co., 1867, 32 Cal. 639. . . .

MANDA, v. C. SINCLAIR,, 278 F.2d 629 (5th Cir. 1960)

. . . other grounds, the Trustee urged that it was void as not timely recorded under Florida Statutes §§ 698.01 . . .

JONES, v. DOBKIN,, 15 Fla. Supp. 70 (Dade Cty. Civ. Ct. Rec. 1959)

. . . He fails to distinguish provisions of section 698.01, Florida Statutes 1957, which does so require on . . . contract for the sale of lands” to be evidenced “in writing” —making no mention of witnesses as in section 698.01 . . . not compel specific performance where the instrument does not conform to the requirements of section 698.01 . . . performance, or compelled conveyance, is based would in that case be one of present conveyance under section 698.01 . . .

G. v. G. B. v., 24 T.C. 280 (T.C. 1955)

. . . the assumed cash reserve as of December 31, 1941, $495,059.07, it gives a resultant figure of $114,-698.01 . . .

HOLDEN, v. HANOVER FIRE INSURANCE COMPANY,, 128 F. Supp. 527 (W.D.S.C. 1955)

. . . agreement between plaintiff and defendant which provided that plaintiff was to receive the sum of $698.01 . . .

C. W. LEE E. L. CONNOR, Co- v. THE BANK OF GEORGIA, a, 159 Fla. 481 (Fla. 1947)

. . . The first is Section 698.01 Florida Statutes 1941 (same F.S.A.) and is the general recording statute. . . .