Florida/Georgia Personal Injury & Workers Compensation

February 2, 1942, in plaintiff's favor, now Section 695.01 Fla. Statutes, 1941, provides that: "No conveyance

...against Industrial for accepting monthly payments under its mortgage, all appear to have a bearing. The "constructive notice" doctrine has been fully adopted in Florida, especially as it most commonly is applied under our recording statute. See F.S. § 695.01 F.S.A.; Sapp v....

...for the public indexing of federal tax liens. [3] Florida law governs the instant dispute and provides that a deed is not valid against a bona fide purchaser unless it has been recorded and indexed. Fla.Stat.Ann. Section 28.222(2)-(3); Fla.Stat.Ann. Section 695.01....

...the contrary." Littleton, L.2, c. 10, § 170. [7] See 2 G. Thompson, Commentaries on The Modern Law of Real Property §§ 335 (text accompanying note 34), 337 (1980 replacement by J. Grimes). [8] See e.g., § 689.01, Fla. Stat. (1981). [9] See e.g., § 695.01, Fla....

...has been levied on the land but no execution sale of the land has occurred. Owners of land claiming through unrecorded deeds are estopped to assert their title against purchasers or mortgagees for a valuable consideration without notice by reason of section 695.01 F.S.A., which provides: "Conveyances to be recorded....

...It is clear that, for purposes of determining the time of an alleged fraudulent or preferential transfer, state law governs the time of perfection of such a transfer. In re Emerald Oil Co., 807 F.2d 1234 (5th Cir.1987). Under Florida law, by virtue of the recording act, Florida Statutes § 695.01, an unrecorded deed is not valid and effective as against a subsequent bona fide purchaser until and unless the deed is recorded....

...iple that appellant has the burden to demonstrate error, Trushin v. City of Miami Beach, 328 So.2d 27 (Fla.3d DCA 1976). One of appellant's contentions is that the written lease was not recorded and therefore was not binding on appellant, relying on Section 695.01 Florida Statutes (1979)....

...int of time. An interest created first has superiority over an interest created later from the same source, provided that notice of the first created rights are available to those later acquiring rights in the same land. Under our recording statute, section 695.01, Florida Statutes (1979), this notice may come from parties in possession of the property, from actual notice or from constructive notice of matters recorded in the public records....

...App. 1960), 118 So.2d 850; Shell Creek Land Co. v. Watson et al., 101 Fla. 172, 133 So. 621. [4] Crosby v. International Investment Co., Inc. (Fla.App. 1958), 101 So.2d 15. [5] Sumner, as administratrix, etc. v. Rhodes et al. (1828), 14, 134. [6] F.S. Section 695.01, F.S.A....

...Donald G. Miller and Paul J. Stichler, No. Miami Beach, for appellee. THORNAL, Justice. Appellants, Chatlos, seek reversal of a final decree quieting title to a parcel of land in favor of the appellee, McPherson. The determining point is the effect of Section 695.01, Florida Statutes, F.S.A....

...We cannot indulge in such an extensive assumption as to the significance of so-called "common knowledge." Certainly, it does not necessarily follow that the partial release of a mortgage is necessarily preliminary to an immediate or impending sale of the property released. The pertinent portion of Section 695.01, Florida Statutes, F.S.A....

...The plaintiffs sued to impose a constructive trust upon the sixty-per cent interest that was the subject of the deed. The trial court did so, rejecting the defendants' claim that they were subsequent purchasers for value and without notice and therefore entitled to priority under Section 695.01, Florida Statutes (1979)....

...ther interests or that he owned anything more than a fifteen-per cent beneficial interest in the trust. Therefore, they were on implied actual notice that there were other beneficial interests outstanding. Since the defendants purchased with notice, Section 695.01 will not afford them priority over the plaintiffs' unrecorded ownership of forty-five per cent of the trust property....

...Rogers, 87 Fla. 147, 99 So. 546 (1924); Certain Lands In Said District v. Ideal Farms Drainage District, 156 Fla. 774, 24 So.2d 585 (1945); Tri-County Produce Distributors, Inc. v. Northeast Production Credit Association, Fla.App. 1963, 160 So.2d 46 and F.S. § 695.01, F.S.A....

...That is what happened here. And while I do not believe that a party so conducting itself in the trial court should be able on appeal to avoid such a purposeful waiver of formal trial, in this case appellant is commendably consistent with its trial court position. [6] § 695.01 Fla....

...Marvin E. Rooks of Robison, Rooks & Owen, Casselberry, for appellee Combank/Seminole County. COWART, Judge. This case involves a contest between two land titles and the effect of a curative act (§ 95.231(2), Fla. Stat. (1981)), the recording statute (§ 695.01, Fla....

...perior to appellants' claim because in that event appellees' claim would be superior and appellants and their predecessors in title would have had constructive notice of it. However, these are not the facts in this case. Florida's recording statute, section 695.01(1), Florida Statutes (1981), basically provides that, as between two successive purchasers, the first has priority if the second had notice of the first at the time the subsequent interest was acquired....

...Schurkman, 291 So.2d 622 (Fla. 3d DCA 1974); Atod, Inc. v. Coleman, 214 So.2d 769 (Fla. 3d DCA 1968). [21] See, e.g., Cahill v. Chesley, 189 So.2d 818, 822 (Fla. 2d DCA 1966) (attempted fee simple absolute transfer from one who only owns a life estate cannot be made good by section 695.01)....

...y be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. § 695.01(1), Fla. Stat. (2006). Section 695.01(1) provides that a recorded lease "shall be good and effectual" against "subsequent purchasers for a valuable consideration." If narrowly construed, a lessee in a shopping center would not qualify as a "subsequent purchaser." However, the supreme court has tacitly recognized a broader interpretation of section 695.01(1), one which means that Dolgencorp had constructive notice of the grocery exclusive sufficient to enforce the covenant against it....

...Dunn, 444 So.2d 935 (Fla.1984), involved competing mineral rights leases for the same property. One lease was entered into in 1971, but not recorded until May 11, 1972. Id. at 936. The second lease was signed on January 17, 1972 and promptly filed with the clerk. Id. The supreme court applied section 695.01(1) to conclude that the failure to comply with the power of attorney provisions of the statute rendered one lease ineffectual against the other. Id. at 938. Implicit in this ruling is that recording of a lease could constitute constructive notice against a subsequent lessee. Relying on Stack v. Dunn , we hold that a lessee of real property is a "purchaser" within the meaning of section 695.01(1)....

...ation. In the present case, the grantor, Mrs. Ross, delivered a deed for love and affection to a nonrelative who was a "con man." When the deed in the present case was recorded, a third party, the Perezes, relying *916 upon the Marketable Title Act, Section 695.01, Florida Statutes (1979), gave valuable consideration to the con man in exchange for the deed....

...949. The appellants maintain that inasmuch as the Resolution of the Board of County Commissioners by which the Board acquired the right-of-way was a transfer of an interest in real estate and consequently subject to the recording statute of Florida, section 695.01, Florida Statutes 1951, F.S.A., it should have been filed with the Clerk of the Circuit Court of Dade County, "in order to be good as against bona fide purchasers for value without notice"; that the appellants cannot be charged with no...

...§ 363 or Fed. R. Bankr.P. 6004(a) or 2002(a)). South Motor argues that CPH was not entitled to notice of the sale under Florida law because the Billboard Lease was for a term longer than one year and was not recorded. South Motor cites to Florida Statute § 695.01(1), which provides: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...l, not implied actual or constructive, notice of the Billboard Lease. So the issue is whether, under Florida law, South Motor is insulated by the title commitment it received and would "under applicable law" be a bona fide purchaser under Fla. Stat. § 695.01, which status, in turn, would confer on the Trustee the ability to sell the Real Property free and clear of the Billboard Lease by virtue of section 363(f)(1)....

...the same problem for rights otherwise flowing through the Trustee. Under applicable law, the Trustee and South Motor are each deemed to have constructive notice of the Billboard Lease, defeating their status as a bona fide purchaser under Fla. Stat. § 695.01....

...orth in Chapter 712 of the Florida Statutes regarding marketable title, the provisions of which chapter no one has suggested could be applicable to the issues before me. [22] The fact that South Motor cannot be a bona fide purchaser under Fla. Stat. § 695.01 doesn't mean South Motor is not a good faith purchaser under 11 U.S.C....

...th its order requiring that Cohn void the stock he issued himself. On remand, the trial court may address any issues on which it reserved jurisdiction. Affirmed In Part, Reversed In Part, And Remanded. SHAHOOD, C.J., and KLEIN, J., concur. NOTES [1] Section 695.01(1), Florida Statutes states: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent...

...rity for the entire $20,000 attorney's fees amount. Consequently, with respect to this defendant, we reverse and remand with instructions that the trial court correct its ruling to conform to this decision. DOWNEY and BARKETT, JJ., concur. NOTES [1] § 695.01, Fla....

...veying property and granting to appellant "the right to set out and maintain poles and anchors for an electric transmission and distribution line, and the necessary appurtenances for such lines". The trial court concluded, apparently on the basis of Section 695.01(1), F.S., that appellant's failure to record the easement deprived appellee, who purchased *567 the property in 1959, of either actual or constructive notice of the easement, and therefore the easement was ineffectual as against appellee....

...The first factual conflict stems from the question concerning how much Dunn knew about the probate lease either at the time he negotiated his lease with Mrs. Davis or prior to that time. To be accorded the status of a bona fide purchaser for value, one must be without notice as to a transaction which is prior in time. § 695.01, Fla....

...then becomes a relevant concern. The general rule is that to be accorded the status of a bona fide purchaser for value, one must have purchased for a valuable consideration. See, e.g., Berge v. Fredericks, 95 Nev. 183, 591 P.2d 246 (1979); see also § 695.01, Fla....

...Therefore, this Court finds that First Union is entitled to an equitable lien on the Real Property. B. FIRST UNION'S RECORDATION OF THE NOTICE GAVE CONSTRUCTIVE NOTICE TO PROSPECTIVE PURCHASERS AND ENCUMBRANCES OF FIRST UNION'S CLAIM AGAINST THE REAL PROPERTY According to Fla.Stat. § 695.01, "no conveyance, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law; ....

...." It is undisputed that First Union failed to record the Mortgage. However, First Union did record the Notice. A notice of lis pendens gives notice to the world of the pendency of litigation affecting the property described therein. Similar to the recording requirement of Fla.Stat. § 695.01, the purpose of a lis pendens is to notify prospective purchasers and creditors that any interest acquired by them in the property is subject to the decree of a court....

...Salina Coffee House, Inc., 831 F.2d 1531, 1533 (10th Cir. 1987). Since First Union duly recorded its Notice on December 1, 1994, First Union's equitable lien became good and effectual both in law and in equity against subsequent creditors pursuant to Fla.Stat. § 695.01....

...ans have a perfected security interest in the Debtors' leasehold estate as well as in the rents derived from the subleases; (2) Barnett Bank does not have a perfected security interest in the Davie Property because it failed to comply with Fla.Stat. § 695.01 in attempting to perfect its interest; (3) the Goldmans' perfected security interest is superior in priority to the interest of either Barnett Bank or the Trustee; and (4) since Barnett Bank's security interest is unperfected, it is voidable by the Trustee under 11 U.S.C....

...s what was the proper method to perfect a security interest in a leasehold estate and rents thereunder in 1986. The Goldmans contend that perfection is achieved by recordation in the local county offices under Florida recording statutes, Fla.Stat. §§ 695.01 and 701.02....

...ursuant to Bankruptcy Code Sections 11 U.S.C. 105, 544(a)(1), and 544(a)(2), and that any lien White may have is inferior to the Trustee's lien as an avoidable unrecorded interest in real property under 11 U.S.C. § 544(a)(3) [2] and Florida Statute § 695.01....

...The Trustee asserted in her counterclaim seeking a declaratory judgment that the Trustee's interest in the Debtor's home takes priority over any lien or priority position asserted by White pursuant to Bankruptcy Code Sections 544(a), 549, 551, and Florida Statute 695.01....

...However, the Trustee argues that any constructive trust or equitable lien granted to White is inferior to the Trustee's position because the interest is an avoidable unrecorded interest in real property pursuant to § 544(a)(3) and Florida Statute § 695.01....

...overpower the rights and interests of a constructive trust beneficiary, unless the interest was properly recorded before the bankruptcy case was filed. This result is consistent with Florida law governing conveyances of real estate. Florida Statute 695.01 provides, in relevant part: 695.01....

...in, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law. . . . Fla. Stat. 695.01....

...According to the statute and declarations, the property is subject to the declarations until terminated in accordance therewith and with section 718.117, Florida Statutes (1979). Finally, our interpretation is consistent with the fact that Florida has a notice type recording statute. § 695.01, Fla....

...dered is not deducible of record with reasonable certainty." See also R.E.L. McCaskill Company v. Dekle, 88 Fla. 285, 102 So. 252, where parol proof was used to perfect a chain of title which depended upon adverse ownership. The recordation statute, § 695.01 Fla....

...Gonzalez on behalf of Charter. According to Mr. Gonzalez, he executed a promissory note which had an interest cap of 21%; the note attached to the mortgage shows an interest cap of 21.5%. In all other respects, the form of the promissory notes are identical. Section 695.01 of the Florida Statutes requires recordation of mortgage interest in real property....

...[9] Since they failed to do so, H & F cannot avail itself of this exception. H & F further asserts that a common law way of necessity should not be subject to any recording requirement, including that of MRTA, because such an interest in land is not subject to the recording requirements of section 695.01, Florida Statutes (1995), Florida's general recording statute....

...t the operation of any statute governing the effect of the recording or the failure to record any instrument affecting land. § 712.07, Fla. Stat. (1995). We conclude that MRTA's broad recording provision is *1176 not limited to interests subject to section 695.01 and does include the easement claimed here....

...Moreover, in response to H & F's concern over the difficulty and impracticability of filing a common law way of necessity, we note that filing the notice in this case would have only affected one parcel of land. Section 19, because it has never been subdivided. [10] Section 695.01 provides: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...FEC's inquiry notice We also reject FEC's argument that Citgo's failure to record its easement renders it ineffectual against FEC. Under Florida's recording act, FEC is subject to Citgo's pre-existing, unrecorded easement unless FEC was "without notice" of it. See § 695.01(2), *386 Fla....

...[2] Florida's recording act provides: No conveyance, transfer, or mortgage of real property, or of any interest therein ... shall be good and effectual in law or equity against ... subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.... § 695.01(2), Fla....

...*828 Turning to the issue of perfection, it is conceded that the security interest, which is contained in the Agreement executed April 7, 1982, assigning the lease to Sunshine was neither recorded with the Clerk of the Circuit Court, as is required by § 695.01, Florida Statutes, nor was it recorded with the Secretary of State as is required by § 9-401 of the U.C.C., § 679.401, Florida Statutes....

...y be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser. § 695.01(1), Fla....

...Schwartz and paid valuable consideration for the property, Mr. Greene's recording of his warranty deed before Mr. Rice gives Mr. Greene priority to the property. Since there is no genuine issue of material fact and Mr. Greene is entitled to judgment under section 695.01(1), the trial court did not err in granting Mr....

play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides

...y rely upon the record in the absence of actual knowledge of an adverse unrecorded right, claim or interest or knowledge of some circumstance which would put him under duty to inquire. Stated conversely, under the recording statute, Florida Statutes § 695.01 F.S.A., grantees claiming *739 under unrecorded deeds are estopped to assert title as against subsequent purchasers or mortgagees for valuable consideration without notice....

...property in the public records of St. Lucie County, Florida. See § 28.222(1) Fla. Stat. (1989). Indeed, the entire Florida legal scheme regarding interests in land is predicated on the recording of documents relating to claims of interests in land. Section 695.01, Florida Statutes (1989), provides that "[n]o conveyance, transfer, or mortgage of real property, or any interest therein ......

...ravel the tangled issues material to this quiet title action. After the Ates lease was recorded, but prior to the execution of the power of attorney by the Barnes heirs, Dunn paid Mrs. Davis a ten dollar deposit on the lease he had earlier recorded. Section 695.01(1), Florida Statutes (1971), provides that a lease executed by virtue of a power of attorney is not effective against a subsequent purchaser for valuable consideration without notice unless the power of attorney is recorded before the subsequent purchaser acquires an interest....

...1978); In re American Mortgage and Financial Company, supra. The question thus is, what are the rights of the lien creditor under Florida law as to a mortgagee with a deficient or erroneous description in his recorded mortgage? The Florida recording statute, § 695.01, Fla.Stat., reads as follows: "No conveyance, transfer or mortgage of real property, or any interest therein ....

...1 vehicles rendered the pledge enforceable as against [levying] execution creditors without actual notice, it was not enforceable against the trustee and the appellee was not entitled to reclaim the pledged vehicles from him." It is clear that under § 695.01, Fla.Stat., an unrecorded mortgage would be void against a subsequent judgment creditor without actual knowledge or notice such as a trustee....

...§ 551 to preserve this unperfected interest for the benefit of the estate. Both Barnett and the Goldmans argue that only their security interest is properly perfected. It is undisputed that the Goldmans recorded their security interests in the Public Records of Broward County in conformity with Fla.Stat. § 695.01 et seq....

...There is nothing in this section that excludes leasehold mortgages from its coverage. See Fla.Stat. § 697.01 (defining mortgages). Documents such as those referred to in § 701.02(1) are recorded in the public records of the applicable county pursuant to Fla.Stat. § 695.01....

...("A financing statement must be filed to perfect all security interests . . ."), and § 679.402 (UCC § 9-402) (listing the formal requisites for a UCC financing statement). Since the actual document assigning a leasehold mortgage must be filed pursuant to §§ 701.02 and 695.01, and since the actual document creating a security interest under UCC Article 9 is not filed, this amendment to § 701.02(1) made clear that leasehold mortgages cannot be covered under the Florida UCC....

...erage under the Florida UCC, these conclusions follow: (1) The Goldmans have a perfected security interest in Debtors' leasehold estate as well as their interest in rents derived from their sublease of the property. (2) Barnett failed to comply with § 695.01, Fla.Stat., when it attempted to perfect its security interest....

...Fla.Stat. Section 61.075(4) (1994); Fla.R.Civ.P. 1.570(d). The conveyance from Magaly Suarez to Debtor was "good and effectual" under Florida's recording statute since the Final Order conveying the property was "recorded according to law." Fla.Stat. Section 695.01....

...We grant appellant's motion for rehearing, withdraw our earlier opinion, and issue the following. The issue in this case is whether the purchaser of a commercial building was on notice of an unrecorded termination by release of a parking easement so that the purchaser is precluded from relying on section 695.01, Florida Statutes (2001) to avoid the release....

...Flanigan's contends that the trial court erred in granting summary judgment because there was a disputed issue of fact as to whether it was on notice that the parking easement had been terminated. This argument turns on Flanigan's ability to rely on section 695.01, Florida Statutes (2001), which provides: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors o...

...rumors from strangers are not a sufficient foundation on which to charge a purchaser with notice." Hopkins v. O'Brien, 57 Fla. 444, 49 So. 936, 940 (1909). If believed by the finder of fact, oral testimony alone may support a finding of notice under section 695.01....

...[2] Flanigan's did not learn of the existence of the January 23 and February 5, 1993 letters until after it closed on the property. [3] Sapp v. Warner, 105 Fla. 245, 141 So. 124, 126 n. 1 (1932), construed section 5698, C.G.L., and section 3822, R.G.S., which, in pertinent part, are worded identically to section 695.01, Florida Statutes (2001)....

...a bona fide purchaser for value and that the filing of the suit to enforce an unrecorded and unliquidated claim, accompanied by a lis pendens describing the subject realty, did not adversely affect her title. The plaintiff-appellee insists that F.S. Section 695.01, F.S.A. controls and that appellant's failure to record the deed prior to recordation of the lis pendens renders her title inferior and subordinate to the lien established by the decree. The statute provides: "695.01 Conveyances to be recorded "No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent purchase...

...d all persons, firms, or corporations claiming by, through, or under them and any others since the filing of the Lis Pendenses herein. As pointed out by appellees, Florida is a "notice" state and the priority of liens on real property is governed by section 695.01, Florida Statutes, which deals with the recordation of conveyances and mortgages....

...The trial court denied Seligman's motion to dismiss and entered summary final judgment in foreclosure on April 20, 2000. Seligman's motions for stay and for rehearing were denied on May 2, 2000, resulting in the instant appeal. The trial court's decision rested in part on section 695.01, Florida Statutes (1997), which provides in pertinent part: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equi...

...Maurer filed a lis pendens at the same time he filed suit. Freligh's deed was not recorded at the time the notice of lis pendens was filed but was filed while the suit was pending. Freligh intervened in the suit. The trial court granted Maurer's lien on the property and Freligh appealed. Relying on section 695.01, the second district held that because a lis pendens is not the equivalent of a decree establishing a lien and Maurer had nothing more than a justiciable right when the suit was filed, Maurer was not a "creditor" as provided in that statute....

...378, 382 (Bankr.S.D.Fla.1995) (citing In re Emerald Oil Co., 807 F.2d 1234 (5th Cir.1987)). As the Court has previously noted, the time of perfection concerning creditors and subsequent purchasers, under Florida law, is governed by Florida Statutes § 695.01, which states: No conveyance, transfer or mortgage of real property or any interest therein ....

...The matter was tried by the court and resulted in the judgment appealed. Ultra's main argument in support of the trial court's ruling is that it was a bona fide purchaser for value without notice, and as such, it is entitled to the protection of Florida Statute Section 695.01 which states: "No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...See Collier, ¶ 70.47. Although the bankrupt has no claim of title on the date of bankruptcy, the creditor can nevertheless acquire a lien on the property by judicial proceeding on that date, if the bankrupt retains an interest on record. The Florida recording statute, § 695.01 Florida Statutes (1979) provides No conveyance, transfer or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, shall be good and effectual in law or equity against creditors or subsequent...

(Fla. 3d DCA 1968) (“The recordation statute, § 695.01 Fla. Stat., F.S.A., has always been primarily

...812, where the rule just stated was recognized and applied. Moreover, it has been uniformly held, where the question has arisen, that a purchaser at a judicial sale is within the protection of the statutes condemning unrecorded conveyances as to purchasers without notice. Section 695.01, Florida Statutes 1951 F.S.A....

...tion ($16,000), and therefore to the extent of the wife's interest, the husband held only bare legal title at the time he filed the Chapter 11 Petition. There is no doubt that an unrecorded interest in real property is unenforceable under local law, § 695.01 Fla.Stat.; and, that an unrecorded interest in real property is voidable in bankruptcy under the special voiding power accorded the trustee pursuant to § 544(a) of the Bankruptcy Code....

...ail over a financing bank. We hold that the deletion of the proposed special priority rule merely put the problem back into the general priority rule, U.C.C. § 9-312(5) (§ 679.312(5), Fla. Stat.). [14] See, e.g., the land record recording statute, section 695.01(1), Florida Statutes....

...efendant lien claimant on the question of priority. (2) Whether or not there is sufficient, competent evidence to sustain the finding of the court that the mortgage liens were each superior to the defendant's claim of lien. The pertinent portions of Section 695.01, Florida Statutes, F.S.A., are as follows: "No conveyance, transfer or mortgage of real property, or of any interest therein, * * * shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable...

...his property to Leibman's 1225 Corp. on January 28, 1992, via an unrecorded quit claim deed was valid as to his creditor Morgan under Florida's recording statute. We conclude that it was, based upon Morgan's undisputed actual knowledge of this sale. Section 695.01(1), of Florida's recording statute provides in relevant part that: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according law[.] § 695.01(1), Fla....

...1723, 1729, 132 So. 297, 299 (1931); Black v. Skinner Mfg. Co., 53 Fla. 1088, 43 So. 922, 922-23 (1907); Sweat v. Yates, 463 So.2d 306, 307 (Fla. 1st DCA 1984); Hensel v. Aurilio, 417 So.2d 1035, 1037 (Fla. 4th DCA 1982). However, under the plain language of section 695.01(1), an unrecorded deed is not good or effectual in law or equity against creditors or subsequent purchasers for valuable consideration who are without notice of the transaction....

...re parcel vis-a-vis his own interest. [2] Barnett filed a motion for summary judgment in the adversary proceeding which was granted by this Court. In the Memorandum Order, dated February 11, 1986, [3] this Court held that pursuant to Florida Statute § 695.01(1), vis-a-vis Barnett, the conveyance by Warranty Deed of the undivided one-half interest in the 102 acre parcel on December 23, 1979, from father to son was void....

...The quitclaim deed in question here was not recorded prior to recordation of appellee's money judgment. Neither is there any suggestion that appellee was otherwise on notice of its execution. Therefore, the conveyance was ineffectual against appellee's judgment. See § 695.01)(1), Fla.Stat....

...De Corte, 50 Fla. 563, 39 So. 58 (1916). That portion of the judgment of the trial court voiding and vacating the conveyance to appellant is reversed and set aside. [emphasis added]. Id. at 892. Although the trial court in Becker did not expressly rely upon § 695.01(1) of the Florida Statutes as this Court did in its Memorandum Order dated February 11, 1986, it is the statutory authority which protects the rights of creditors of the property owner and bona fide purchasers against secret deals between the immediate parties to the conveyance. Fong v. Batton, 214 So.2d 649 (Fla. 3 DCA 1968). See also Rabinowitz v. Keefer, 132 So. 297 (Fla.1931). Thus, while § 695.01(1) may "void" a conveyance as to a certain creditor such as Barnett, it does not automatically void a conveyance in toto....

...and which is the last title transaction to have been recorded at least 30 years prior to the time when marketability is being determined. The effective date of the root of title is the date on which it was recorded." [2] Recording statutes, such as section 695.01(1), Florida Statutes, are generally held to give constructive notice only as to matters in the muniments in the record chain of title to particular property and judgment liens against titleholders in the record chain of title....

a “race-notice” scheme. Argent asserts that section 695.01, Florida Statutes, alone determines which mortgage

...Johnson, ___ U.S. ___, 112 S.Ct. 1386, 118 L.Ed.2d 39 (1992). Pursuant to § 547(e), when the transfer occurred depends upon perfection and the relevant question is when the $320,602.28 December 1, 1990, mortgage was perfected. Pursuant to Fla.Stat. 695.01 a mortgage is perfected upon recording....

...§ 30-7-10 (2000); see also First Fed. Savings & Loan Ass'n of Charleston v. Bailey, 316 S.C. 350, 450 S.E.2d 77, 81-82 (1994). Such an unperfected equitable interest is similarly subordinate to the interest of a judicial lien creditor under Florida law. See FLA. STAT. § 695.01 (2000); see also Weissing v....

...The recording statute has always been primarily intended to protect the rights of bona fide purchasers of property and creditors of property owners, rather than the immediate parties to the conveyance."); Fong v. Batton, 214 So.2d 649, 652 (Fla. 3d DCA 1968); see also § 695.01(1), Fla....

...Here, the Trustee was never on notice of the unrecorded Note and Mortgage, nor could the Lis Pendens have placed the Trustee on notice of the unrecorded Note and Mortgage being that the Lis Pendens did not reference the unrecorded Note and Mortgage or Mr. Hernandez. In further support of their argument, the Defendants cite § 695.01, Fla....

...tors." See Defendants' Motion at ¶ 16. However, on the date Ms. Lima recorded her Lis Pendens she merely had a claim to an equitable lien for breach of a subscription agreement, not an entitlement to an equitable lien as she suggests. Specifically, § 695.01, Fla....

...In Quinn Plumbing, the court reiterated the above holding stating that such applied "[i]n the absence of countervailing equities". Id. at 692. Appellee P.A. asserted a right of redemption based on its interest in the property by and through an unrecorded, ten year lease. But section 695.01(1), Fla....

notice unless the same is recorded.” Fla. Stat. § 695.01. Against this standard, the Defendant’s contention

...l McCall's interest in the property for $100.00. The primary issue before the Court is whether Barnett has priority of title over John Logan McCall to the interest in the real property that was held by John Lowell McCall. Florida law is controlling. Section 695.01(1) of the Florida Statutes states: No conveyance, transfer or mortgage of real property or of any interest therein ....

...d conveyance." Feinberg v. Stearns, 56 Fla. 279, 47 So. 797, 798 (1908). Feinberg, like the instant matter, involved a title dispute between a judgment lien creditor and a person claiming title under an unrecorded deed. The Feinberg Court found that § 695.01(1) clearly governed this issue. Plaintiff asserts, however, that Section 695.01(1) does not govern this matter because a judgment lien cannot attach to property of which the debtor holds only bare legal title....

...itable title. It was John Logan McCall's obligation to *56 record that warranty deed in order to protect his title against subsequent purchasers or creditors. Failure to record the warranty deed brought the matter within the ambit of Florida Statute § 695.01(1)....

...le since he held an undivided one-half interest in the property. There is no question that Barnett was without actual notice of the unrecorded deed at the time it recorded its judgment lien. Accordingly, it is ORDERED: 1) Pursuant to Florida Statute § 695.01(1), the recorded judgment lien of Barnett Bank of Columbia County has priority over the unrecorded deed of John Logan McCall....

...In reaching its conclusion, the majority fails to consider that reliance is not a substitute for examining the record of title. One may not ignore readily discoverable facts. The Antonellis are charged with constructive notice of the true ownership of the property under recording statutes. § 695.01, Fla....

...l, Richard L. Marks, "sometime in 1974." An acknowledgment and acceptance was executed on August 1, 1974, as evidenced by the notary acknowledgment. [2] The original deed was held in escrow by the law firm of Hoffman, Henry, Smith and Henderson. [3] Section 695.01(1), Florida Statutes (1983), provides: No conveyance, transfer or mortgage or real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity as against creditors or...

PARTIES’ ARGUMENTS Florida’s recording statute, section 695.01, Florida Statutes (2004), provides, in pertinent

& T were not entitled to the protection of section 695.01, Florida Statutes (2011). On appeal, the parties

....11, Florida Statutes, by reference to the official filing number, the appellee was found by the lower court to have a superior claim to the subject property. Thereafter, an amended judgment of foreclosure was entered in appellee's favor. Relying on section 695.01, Florida Statutes (1991), which provides that no conveyance, transfer or mortgage of real property shall be good and effectual against subsequent purchasers unless the same is "recorded according to law," appellants contend on appeal t...

...However, we do not read Dixon as supporting the view, as argued by appellants, that competing claims to real property are resolved based upon the propriety of the indexing of the relevant documents, rather than by application specific requirements of sections 695.01 and 695.11....

...664, 666 (Bankr.M.D.Fla.1999). In Florida, a subsequent bona fide purchaser *305 of real property may avoid a prior transfer if the transfer is not perfected by the recording of the transfer in the county where the real property is located. See FLA. STAT. § 695.01(1) (2000)....

...In the instant case, the Court finds that the transfers of Lots 18, 19 and 20 are unperfected. Plaintiff alleges that the assignments and quit claim deeds transferring Lots 18, 19, and 20 to Defendant were not filed in Marion County pursuant to FLA. STAT. § 695.01(1)....

..."Because a bankruptcy trustee stands in the shoes of a judgment creditor [and bona fide purchaser] without notice, [the trustee] could have avoided an [unperfected] equitable lien had it been imposed." Id. Defendant did not allege or prove that he perfected any equitable interest in Lots 18, 19, and 20 pursuant to FLA. STAT. § 695.01(1)....

...That can be determined only after the facts are ascertained from the testimony. So far as the record discloses, the mortgage of appellees is prior, it having been recorded prior to that of appellants (see section 5698, C.G.L., 1927 [now codified at § 695.01, Fla....

...their own, as is alleged, then the mortgage of appellants is prior. 141 Fla. at 426, 193 So. at 291. Because we conclude that the case sub judice is indistinguishable from Cone, we reverse and remand for further proceedings in light of that case and section 695.01, Florida Statutes (1981)....

...FNMA's foreclosure was based on a mortgage recorded on December 14, 1983. The Association's claim of lien was not filed until June 8, 1991. Both sides agree that "first in time is the first in right." Bank of South Palm Beaches v. Stockton, Whatley, Davin & Co., 473 So.2d 1358, 1360 (Fla. 4th DCA 1985); § 695.01, Fla....

play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides

...On September 9, 1985, Logan McCall initiated Adversary Proceeding No. 85-178 in bankruptcy court to determine the validity, priority and extent of Barnett's interest in the property. After a hearing on Barnett's Motion For Summary Judgment, the court entered an order on February 11, 1986, holding that under Section 695.01, Florida Statutes, Barnett's judgment lien on Lowell McCall's interest had priority over the unrecorded deed of Logan McCall....

...interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.... Section 695.01, Florida Statutes (1985)....

...recorded pursuant to Florida law prior to filing of the petition herein. Pursuant to § 544(a) of Title 11 of the United States Code the trustee is constituted as a bona fide purchaser and a judicial lien creditor. Under Florida's recording statute, § 695.01, Florida Statutes, an unrecorded conveyance or transfer is void as against subsequent purchasers or judgment lien creditors unless the same has been recorded according to law....

...l property, or of any interest therein . . . shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law . . .". Fla. Stat. ch. 695.01 (1995)....

...Dye's unrecorded interest as a lien creditor pursuant to §§ 544(a)(1) & (2) of the Bankruptcy Code. In re Crabtree, 871 F.2d at 38; In re Bob Cooper, Inc., 65 B.R. at 613. Furthermore, under section 544(a)(3) of the Bankruptcy Code and Fla. Stat. § 695.01, the Trustee assumes the position of a bona fide purchaser and may void any unrecorded interest as of the petition date....

...located. Paradise Assoc., 249 B.R. at 371. In this case, the real Property is located in Florida, and therefore, *161 the Trustee's rights and powers as a bona fide purchaser are governed by Florida law. Under Florida's recording statute, Fla. Stat. § 695.01, [4] a bona fide purchaser of real property takes precedence over unrecorded equitable interests....

...he Debtor and the Defendant as co-owners. There is no subsequently recorded transaction or declaration indicating that the Debtor holds only bare legal title subject to a resulting trust for the benefit of the Defendant. Thus, under Florida Statutes § 695.01, the Trustee in his status as a bona fide purchaser would prevail over the unrecorded equitable interest asserted by the Defendant....

...The Defendant asserts that as of the petition date, the Debtor held bare legal title in the real Property subject to the Defendant's equitable interest in a resulting trust. However, "the differences between a constructive trust and a resulting trust are immaterial in th[e] § 544(a)(3) context. Florida law [section 695.01], the applicable state law here, does not differentiate between a constructive trust or resulting trust when addressing a bona fide purchaser's rights regarding real property." In re Loewen, 292 B.R....

...tations omitted). [3] Section 541(a)(3) includes as property of the estate property that the trustee recovers under § 550. Section 550 in turn permits the trustee to recover property avoided under § 544. See 11 U.S.C. § 550. [4] Florida Fla. Stat § 695.01 titled, Conveyances to be recorded, states in pertinent part: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity...

...Leonard to the Debtor, transferring her one-half interest in the Florida Property, was recorded on March 3, 2008. Under Florida law, a real property transfer is effective against subsequent purchasers for value and creditors upon recordation. Fla. Stat. § 695.01 (2009)....

...y interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law." § 695.01, Fla....

...Appellee should have adjusted the metes and bounds description in her conveyance to Appellants' predecessors in title to show the fence as the actual boundary if she wished the fence location as her actual west boundary line. Any other application of McDonald conflicts with public policy as prescribed by section 695.01, Florida Statutes....

...Michael was not of record as of the date of the foreclosure sale, and was, in essence a “secret settlement,” the appellant argues the protections afforded to her as a bona 4 fide purchaser for value under sections 702.0361 and 695.01,2 Florida Statutes (2013), were violated. “The right of redemption is the mortgagor’s valued and protected equitable right to reclaim [his or] her estate in foreclosed property.” Sudhoff v....

...purchaser of 1 Section 702.036, Florida Statutes (2013), limits an action or proceeding seeking to set aside, invalidate, or challenge and requires a court to treat such a proceeding as a claim for monetary damages if certain conditions apply. 2Section 695.01, Florida Statutes (2013), provides generally that a conveyance of real property shall not be effectual in law or equity against creditors or subsequent purchasers for valuable consideration, unless the instrument of conveyance is recor...

...An examination of the public record by C would have only corroborated B's representation that he owned a one-half interest in Blackacres. The public records did not disclose, and therefore did not give constructive notice of, the possible equitable rights of A in and to the one-half interest held of record in B's name. [3] Section 695.01, Florida Statutes....

lien creditor. Under Florida’s recording statute, § 695.01, Florida Statutes, an unrecorded conveyance or

...the Uniroyal property, thereby insulating his fee simple title interest from the obligations of that agreement. A bona fide purchaser without notice (BFP) takes title free of any prior encumbrance which was unrecorded at the time he took title. See § 695.01(1), Fla....

...of real property, or of any interest therein . . . shall be good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law . . . Fla. Stat. § 695.01(1)....

was entered in appellee’s favor. Relying on section 695.01, Florida Statutes (1991), which provides that

Moyer v. Clark, 72 So.2d 905, 906 (Fla.1954). Section 695.01, Florida Statutes (1989) states in relevant

...In the present case, the Parents neither received loan proceeds, nor otherwise benefited from the application of those proceeds, nor made any monthly payments, nor acquired full knowledge of the material details of the mortgage loan. B. Attorney-in-Fact Section 695.01(1), Florida Statutes (2005), provides protection to creditors and purchasers who accept a conveyance or lien signed by an attorney-in-fact on behalf of a property owner (and then recorded), so long as the power of attorney itself is...

...In the present case, the Parents neither received loan proceeds, nor otherwise benefited from the application of those proceeds, nor made any monthly payments, nor acquired full knowledge of the material details of the mortgage loan. 7  B. Attorney-in-Fact Section 695.01(1), Florida Statutes (2005), provides protection to creditors and purchasers who accept a conveyance or lien signed by an attorney-in-fact on behalf of a property owner (and then recorded), so long as the power of attorney itself is...

fide purchaser vested with superior title. See § 695.01, Fla.Stat. (1997). Sims nevertheless maintains

(citation and internal quotation marks omitted); § 695.01(1), Fla. Stat. (2020). “The recording of the mortgage

affect intervening lien holders without notice. § 695.01, Fla.Stats. The remaining issue is whether the

lien pursuant to Florida’s recording statute. See § 695.01(1), Fla. Stat. (2015). After the trial court entered

for failure of Coleman to comply with Fla.Stat. § 695.01, F.S.A.; that the Sheriff’s action in putting

compliance with the Florida recording statute, Section 695.01, does not give the mortgage priority over the

relying *916upon the Marketable Title Act, Section 695.-01, Florida Statutes (1979), gave valuable consideration

unless the same be recorded according to law; .... § 695.01, Fla.Stat. (1991). The act of recording an instrument

and outstanding interest in the property. See § 695.01(1), Fla. Stat. (2008); Gabel v. Drewrys Ltd.,

and outstanding interest in the property. See § 695.01(1), Fla. Stat. (2008); Gabel v. Drewrys Ltd.

Subject Mortgage,” pursuant to Florida Statute § 695.01 (Count I); discharging an unrecorded assignment

property, Florida is a “notice” state. See § 695.01(1), Fla. Stat. (2013) (“No conveyance, transfer

argues that it is entitled to prevail under Section 695.01, Florida Statutes, as a matter of law. On the

was ineffectual against appellee’s judgment. See § 695.01(1), Fla.Stat. (1983). See also Moyer v. Clark

...a valuable consideration and without notice, unless the same shall be recorded in the office assigned by law for that purpose .... Act Nov. 15, 1828 §§ 4, 9.3 The general recording statute’s current iteration, codified within section 695.01, Florida Statutes (2008), largely preserves the original’s wording and force.4 3Anelectronic version of the 1828 Act is available through the State Archives’ website at: https://archive.org/stream/actsofle1828flor#page/156/mode/2up. 4Section 695.01, Florida Statutes (2008), provides in relevant part: No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in l...

...2d at 290 n.2. Justice Grimes’ note casts doubt on the statute’s applicability to assignees of the same note and mortgage, unless courts “construe[d] the terms ‘creditors or subsequent purchasers’ to include an assignee.” Grimes, supra, at 96. As quoted in Rothenberg, Justice Grimes expressed § 695.01(1), Fla....

the property senior to First Magnus’s interest. § 695.01(1), Fla. Stat. (2019); Argent Mortg. Co., LLC

of Columbia, or a foreign country." (e.s.) Section 695.01, F.S., in pertinent part, provides: "No conveyance

Co., 473 So.2d 1358, 1360 (Fla. 4th DCA 1985); § 695.01, Fla.Stat. (1993). Appellee argues, however, that

notice by reason of said section 55.08 and section 695.01, F.S.1951, F.S.A. There is no merit to this

interests in motor vehicles) are analogous to Section 695.01, Fla.Stat., which is the recording statute

With respect to conveyances by quitclaim deed, section 695.01(2) provides: Grantees by quitclaim, heretofore

valuable consideration and without notice. E.g., § 695.01(1), Fla.Stat. (1989). Section 695.11, Florida

...l ignorance concerning real estate terminology and had no idea what agreements his mother may have entered into. Additionally, based upon appellees' argument, the trial court relied upon a subsection of a statute that had been repealed. Before 1985, section 695.01, Florida Statutes, *897 included subsection (3), which expressly provided that the statute did not apply to "quitclaims heretofore made." In 1985, that subsection was repealed. See Ch. 85-63, § 8, Laws of Fla. Applying section 695.01 to this case, there was insufficient evidence to establish that appellant had "notice" of the prior, unrecorded, lost deed within the meaning of the statute....

unless the same be recorded according to law.” § 695.01, Fla. Stat. (2005). As a matter of Florida law

544 of the Bankruptcy Code and Florida Statute § 695.01(1). In Counts V, VI, and VII, the Trustee seeks

directly for utility services. In addition, section 695.01(1), Florida Statutes, provides: No conveyance

purchasers for valuable consideration without notice. § 695.01, F.S. (1990). Since appellee neither alleged nor

and is mindful of Florida’s recording statutes, § 695.01, et seq., (1987), that is, that the first in time

7 with section 695.01, Florida Statutes (2022), just like the Clerk

(Fla. 4th DCA 2020) (citation omitted); see also § 695.01(1), Fla. Stat. (2015). As such, there are three

same be recorded according to law. § 695.01(1), Fla. Stat. (2011). This statute only applies

Stat. 5 Section 28.222(3)(a), Fla. Stat. 6 Section 695.01, Fla. Stat. And see s. 695.11, Fla. Stat.,

title under the quitclaim deed. They rely on section 695.01(1), Florida Statutes, to support their contention

mortgage in favor of the seller by reason of section 695.01, Florida Stat*937utes (1987). That section

of Baker County in conformity with Fla. Stat. § 695.01, et seq. Plaintiffs nevertheless argue that they

First Nat. Bank, Fla.App.1959, 113 So.2d 869; and § 695.01(1), Fla.Stat, F.S.A. Key Biscayne Bank has raised

PER CURIAM. Affirmed. See § 695.01(1), Fla. Stat. (2012); Mayfield v. First City Bank of Fla., 95 So

1966); Moore v. Moms, 475 So.2d 666 (Fla.1985); § 695.01, Fla.Stat. (1989). Affirmed.

was required that this order be recorded. See § 695.01(1), Fla. Stat. (2012). 2 . In this

(Fla. 3d DCA 2016) (citations omitted); see also § 695.01(1), Fla. Stat. (1998). To determine whether the

...shall have priority over any instrument bearing a higher number in the same series." The legal significance of priority of recordation comes into play in the context of the rule established in section 695.01(1), Florida Statutes (2004), which provides as follows: "No conveyance, transfer, or mortgage of real -6-  property, or of any interest therein ....

...§ 679.3151(4), subsection (c), because the only way to perfect an interest in Florida real estate is compliance with Florida's recording laws, and the Investors did not record their interests in the Reacquired Lots as required by chapter 695 of the Florida Statutes. Fla. Stat. Ann. § 695.01(1) (West 2010) ("No conveyance, transfer, or mortgage of real property, or of any interest therein, ......

from claims outside that chain of title. See Section 695.01(1), Florida Statutes (1995); see, e.g., Koschler

unless the same be recorded according to law.” § 695.01(1), Fla. Stat. (2011) (emphasis added). The right

securing it by 2006. Schlossberg also relies on section 695.01, Florida Statutes, which protects subsequent

Baigorria, 300 So. 3d 198, 200 (Fla. 4th DCA 2020); § 695.01(1), Fla. Stat. (2012). Notice may take three forms:

mortgage[s] of real property.” See Fla.Stat. Ann. § 695.01(1) (West 1994). . But see Ameribanc Savings

..."A deed takes effect from the date of delivery, and the recording of a deed is not essential to its validity as between the parties or those taking with notice." Sweat v. Yates, 463 So.2d at 307. The purpose of recording an interest in real property pursuant to Florida's recordation statute, Florida Statute Section 695.01, is to place subsequent purchasers and creditors on notice of such interest. Luria v. Bank of Coral Gables, 106 Fla. 175, 142 So. 901, 908 (1932). Section 695.01 provides: (1) No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of 1 year or longer, shall be good and effectual in law or equity against creditors or subsequent purchasers for...

...fore the accruing of the right of such creditor of subsequent purchaser. (2) Grantees by quitclaim, heretofore or hereafter made, shall be deemed and held to be bona fide purchasers without notice within the meaning of the recording acts. FLA. STAT. § 695.01....

...reof. Licata v. DeCorte, 39 So. at 59. Quit-Claim Deed II while it was unrecorded would have been ineffectual or void as to "creditors or subsequent purchasers for a valuable consideration and without notice" of such deed pursuant to Florida Statute Section 695.01(1). "Thus, while § 695.01(1) may `void' a conveyance as to a *853 certain creditor ..., it does not automatically void a conveyance in toto....

property and, therefore, was not protected under Section 695.01 of the 1963 Florida Statutes [F.S.A.], and

provision dealing with priorities of mortgages is Fla.Stat. 695.01(1) (1987), which provides as follows: 1. No

provision dealing with priorities of mortgages is Fla. Stat. 695.01(1) (1987) which provides as follows: No conveyance

sequences of rec-ordation, Florida Statute Section 695.01(1) (1987), which provides as follows: (1) No

“creditors” or “purchasers” of the property in section 695.01, Florida Statutes (1987), and the *401ward

are reflected in the public records. Fla.Stat. § 695.01 (1981). The Court further finds that as to the

than such common source.” * * * * * * Under Section 695.01, Florida Statutes, F.S.A., Hadjes would have

entitled to the benefit of the recording statute, section 695.01(1), Florida Statutes. Notwithstanding this

3d 398, 401 (Fla. 1st DCA 2012) (holding: “Section 695.01 is a ‘notice’ recording statute, the primary

Laundries’ machines were located. We affirm. Section 695.01(1), Florida Statutes (2000), states: “No .