Florida Statute 76.07 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 76
ATTACHMENT

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76.07 Attachment in aid of foreclosure.—Any creditor who is commencing or has commenced an action to foreclose a mortgage on personal property may have an attachment against the property, when the creditor has reason to believe and does believe that:

(1) The property or part of it will be concealed or disposed of so that it will not be forthcoming to answer a judgment on foreclosure.

(2) The property or part of it will be removed beyond the jurisdiction of the court.

(3) The property or part of it is of a perishable character and is being used and consumed by the mortgagor or other parties.

(4) The property or part of it has been disposed of without the consent of the party holding the mortgage, and stating who has the property, if known and if not known, that he or she does not know who has it.

History.—s. 6, Dec. 11, 1824; RS 1640; GS 2104; RGS 3405; s. 1, ch. 8477, 1921; CGL 5258; s. 26, ch. 67-254; s. 373, ch. 95-147.

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Amendments to 76.07

Annotations, Discussions, Cases:

Cases Citing Statute 76.07

Total Results: 3

Tingle v. Hornsby

111 So. 2d 274

District Court of Appeal of Florida | Filed: Mar 26, 1959 | Docket: 1427990

Cited 17 times | Published

Wife, § 69. [6] 26 Am.Jur. Husband and Wife, § 76. [7] Ohio Butterine Co. v. Hargrave, 79 Fla. 458

Galloway v. Musgrave

154 So. 2d 846

District Court of Appeal of Florida | Filed: Jun 19, 1963 | Docket: 1693638

Cited 5 times | Published

by an attachment in aid of foreclosure under § 76.07, Fla. Stat., F.S.A. [4] The complaint contained

Williams v. General Finance Loan Co. of Miami North

143 So. 2d 689, 1962 Fla. App. LEXIS 3096

District Court of Appeal of Florida | Filed: Jul 17, 1962 | Docket: 60206493

Published

it fails to meet the statutory requirement of § 76.07, Fla.Stat., F.S.A. We conclude that this contention

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