Florida Foreclosure Statutes

Florida Foreclosure Statutes

Title XL
REAL AND PERSONAL PROPERTY Chapter 702
FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS, AND STATUTORY LIENS
CHAPTER 702

FORECLOSURE OF MORTGAGES, AGREEMENTS FOR DEEDS,
AND STATUTORY LIENS

702.01 Equity.

702.03 Certain foreclosures validated.
All mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of the mortgage, as provided by chapter 12095, Acts of 1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages" are hereby validated and confirmed insofar as they relate to the copy of the mortgage attached to such complaint, to the same extent and effect as if section 3117, RGS, had been expressly repealed by chapter 12095, 1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages."

History.--s. 1, ch. 13642, 1929; CGL 1936 Supp. 5748(1).

702.035 Legal notice concerning foreclosure proceedings.
Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the petitioner or petitioner's attorney to place such advertisement, publication, or notice. The advertisement, publication, or notice shall be placed directly by the attorney for the petitioner, by the petitioner if acting pro se, or by the clerk of the court.

History.--s. 4, ch. 2001-215.

702.04 Mortgaged lands in different counties.

702.05 Mortgaged lands sold for taxes.

702.06 Deficiency decree; common-law suit to recover deficiency.

702.065 Final judgment in uncontested proceedings where deficiency judgment waived; attorney's fees when default judgment entered.

702.07 Power of courts and judges to set aside foreclosure decrees at any time before sale.

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Whenever a decree of foreclosure has been so rescinded, vacated, and set aside and the foreclosure proceedings dismissed as provided in s. 702.07, the mortgage, together with its lien and the debt thereby secured,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.

702.09 Definitions.
For the purposes of ss. 702.07 and 702.08 the words "decree of foreclosure" shall include a judgment or order rendered or passed in the foreclosure proceedings in which the decree of foreclosure shall be rescinded, vacated, and set aside; the word "mortgage" shall mean any written instrument securing the payment of money or advances and includes liens to secure payment of assessments arising under chapters 718 and 719 and liens created pursuant to the recorded covenants of a homeowners' association as defined in s. 712.01; the word "debt" shall include promissory notes, bonds, and all other written obligations given for the payment of money; the words "foreclosure proceedings" shall embrace every action in the circuit or county courts of this state wherein it is sought to foreclose a mortgage and sell the property covered by the same; and the word "property" shall mean and include both real and personal property.

History.--s. 3, ch. 11881, 1927; CGL 5754; s. 4, ch. 2002-27; s. 13, ch. 2003-14.

702.10 Order to show cause; entry of final judgment of foreclosure; payment during foreclosure.

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Also read:

• What is Foreclosure
Many of us have heard the term foreclosure in relation to other individuals and understand that it is not a pleasant term, but do not have a firm grasp on what it actually means. Before we go any further in discussing the profit potential available through foreclosures it is critical that we define the term foreclosure.

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