Florida/Georgia Personal Injury & Workers Compensation

...The expansive definition of "rights" afforded to secured creditors under Florida law, even without equity in the mortgaged property, protects the mortgagee from modification pursuant to Nobelman. A mortgage instrument creates a lien in favor of the mortgagee. FLA.STAT. § 697.02 ("A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.")....

...[11] A mortgage, on the other hand, involves two separate concepts. It is an executory contract or agreement in which one generally promises to allow a future sale of real property if a debt is not paid. It is also a specific lien on the property described in the mortgage. § 697.02, Fla....

...In other words, the holder of the mortgage, while not in possession, is actually the owner. He loses his ownership when the mortgage is paid. On the other hand, under the lien theory, the mortgagee has neither title nor the right of possession. Florida is a lien theory jurisdiction as evidenced by F.S. 1969, sec. 697.02, F.S.A.: "697.02 Nature of a mortgage....

...ensable elements. Florida law holds that a mortgage is specifically not a conveyance of the legal title or of the right of possession; therefore, the transfer of a mortgage or a contract to give a mortgage would not qualify as a sale. See F.S. 1969, section 697.02, F.S.A., supra....

...[3] And we must record that some lien states would also find the statute of frauds applicable to an agreement to make a mortgage. However, their outcome is frequently helped or distinguished by a finding of fraud or part performance, features not here present. [4] Putting together F.S. 1969, sections 697.02 and 725.01, F.S.A., the meaning of terms already discussed, and Florida's court opinions concerning the quality, function, and application of mortgages, we opine flatly that the statute of frauds, F.S....

...Cukierman personally, any lack of notice to Mrs. Cukier-man is irrelevant. We agree with BankAt-lantic. A person who guarantees a promissory note does not acquire any interest in the mortgaged property. In Florida, a mortgage creates a special lien against the collateral property, see § 697.02, Fla....

...Becker, 621 So.2d 744 (Fla. 2d DCA 1993). A mortgage creates a lien under Florida law, and because it does not convey an interest in real property, the requirements associated with its execution are not as exacting as those of instruments of conveyance, such as a deed. § 697.02, Fla....

...ded. Farmers' Bank & Trust Co. v. Palms Publishing Co., 86 Fla. 371, 98 So. 143; Baker v. Clifford-Matthew Investment Co., 99 Fla. 1229, 128 So. 827. Since a mortgage in Florida is not a transfer of title to the leasehold, but merely a lien upon it, § 697.02 Fla....

...Stat. The difference in wording in those sections must be assumed to be purposeful, however, and there is simply no "written specific lien in the nature of a mortgage" in these agreements to allow the imposition of tax at the time of execution. See Section 697.02, Fla....

...anger, for by such act the unity of title is destroyed and the unity of possession is gone. * * *" In Florida, because a mortgage is recognized as only a lien on real property and not as a conveyance thereof or a transfer of the right of possession, Section 697.02, F.S....

...In our judgment United's claim must take priority, because we do not believe it can be said that a mortgage is an interest in real property. Consequently, the assignee of a mortgage could not thereby acquire "an interest in real property" as specified in Section 713.13(5), Florida Statutes. Florida is a lien theory state. Section 697.02, Florida Statutes (1975), provides: "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession." On more than one occasion our Supreme Court...

...A mortgage is an executory contract "in which one generally promises to allow a future sale of real property if a debt is not paid," and "[i]t is also a specific lien on the property described in the mortgage." Pitts v. Pastore, 561 So. 2d 297, 301 (Fla. 2d DCA 1990) (citing § 697.02, Fla....

...Once such a close identity of interest between Sterling and Unpedantic is shown, the burden shifts to Plaintiffs to show their entitlement to Unpedantic's real property assets. A mortgage under Florida law creates a specific lien on property and not a conveyance of the legal title. Fla.Stat. § 697.02 (1985)....

...ssession of the properties sold to appellees. See H & L Land Company, Inc., v. Warner, Fla.App. 1972, 258 So.2d 293, citing Mid-State Investment Corporation v. O'Steen, Fla.App. 1961, 133 So.2d 455 (construing § 697.01 Fla. Stat., F.S.A.). Also see § 697.02 Fla....

...In other words, the holder of the mortgage, while not in possession, is actually the owner. He loses his ownership when the mortgage is paid. On the other hand, under the lien theory, the mortgagee has neither title nor the right of possession. Florida is a lien theory jurisdiction. ... (Emphasis added)(footnote omitted). Section 697.02, Florida Statutes (1997), provides, "[a] mortgage shall be *464 held to be a specific lien ......

...Hall, 157 So.2d 417 (Fla. 1963); Cain & Bultman, Inc. v. Miss Sam, Inc., 409 So.2d 114 (Fla. 5th DCA 1982). Because a mortgage is "held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession," § 697.02, Fla....

...Second, the language of the Fannie Mae/Freddie Mac form mortgage defines the term “Property” in such a manner that only one property — the Bayfront Gardens property — is encumbered by the mortgage. V. DISCUSSION The lien of a mortgage only covers the property that is described in the mortgage. § 697.02, Fla....

...is required in the impact statement required in Section 718.403(1), Florida Statutes. Furthermore, based on the law of mortgages, appellee's argument must fail. A lien of a mortgage covers only that property which is included in its description. See § 697.02, Fla....

...al court must balance the mortgagor's right to own and possess its property against the interests of the mortgagee in protecting its security in the property. See Carolina Portland Cement Co. v. Baumgartner, 99 Fla. 987, 128 So. 241 (1930). See also § 697.02, Fla....

...ionary (10th ed. 2014) ("A -5- mortgage that is senior to all other mortgages on the same property."). And because under Florida law a mortgage is "a specific lien on the property therein described," § 697.02, Fla....

...ion ceased, it did not abandon the project, and that undue hardship would result from the decision of the trial court effectively forfeiting the entire project. Although Appellant was merely the holder of a lien on the property under Florida Statute 697.02, [3] it had the right to complete construction under its contract....

...g spaces instead of 100, and would require landscaping around the perimeter of the building. [2] Ordinances of the City of Riviera Beach provide that if construction ceases for a period of 90 days, a building permit becomes void. [3] Florida Statute 697.02: "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession."

...The mortgage upon the leased property given as security for the note to Wauchula State Bank by Dewkat, and subsequently assigned, was not, under the terms of the lease, a "sublease, transfer or assignment by the lessee of this lease or of any ... interest herein". (e.s.) Section 697.02, Florida Statutes, in effect at all applicable times involved, provides: "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession." A mortg...

...ge transaction." Thomas E. Baynes, Jr. Mortgages, The Law in Florida, § 1-1 (1993). "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession." Fla.Stat. § 697.02....

...mortgage is migatory, but does not vitiate the mortgage, and should be disregarded. Thompson v. Marshall, 21 Or. 171 , 27 Pac. 957 .” (Emphasis ours). *31 The statute quoted in the Wylly-Gabbett v. Williams case is exactly the same as the present Section 697.02 of the Florida Statutes, F.S.A....

...to comply with his stated intention under § 521); In re Harris, 226 B.R. 924 (Bankr.S.D.Fla.1998) (dismissing case for cause under § 707(b)). . 218 B.R. 133 (10th Cir. BAP 1998). . Theobald, 218 B.R. at 136-37 . . See Claim No. 22-2. . Fla. Stat. § 697.02 (2013) ("A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.”)....

specific lien on the property therein described.” § 697.02, Fla.Stat. (1983). The mortgage in this case covered

...Defendants argue that because the note was ineffective under Florida law to effect a transfer of an interest in debtors’ realty, no “transfer” within the meaning of § 101(50) took place. Defendants’ position is based in part on § 697.01, Florida Statutes (“Instruments Deemed Mortgages”) and § 697.02, Florida Statutes (“Nature of Mortgage”)....

...ations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal for the purpose or with the intention of securing the payment of money, ... shall be deemed and held mortgages.... 697.02 Nature of a Mortgage— A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession....

...A mortgage is "not a promise to pay a debt; it is an interest in [real property] that a lender can take if a debtor does not fulfill a payment obligation.” See Id., see also Fla. Stat. § 697.01 (1) (identifying documents deemed to be mortgages under Florida law); Id. § 697.02 (clarifying that a mortgage is "a specific lien on the property therein described")....

mortgage on real property is a lien on the property. § 697.02, Fla.Stat. (1987). We REVERSE the judgment before

...Clarke, 87 So.3d 58, 61 (Fla. 4th DCA 2012) (“A mortgage is not, a ‘negotiable instrument,’ a ‘security,’ ‘or any other writing that evidences a right to the payment of money.’ ” (quoting § 90.953(1), Fla. Stat. (2010))); see also § 697.02, Fla....

...ognizable ownership interest in the subject property, the challenge interposed can not be sustained. It is well established law of this State that a mortgagee is a mere holder of a lien and has no ownership interest in the property itself. Fla.Stat. § 697.02 (1983); Martyn v....

...They rely on section 695.01(1), Florida Statutes, to support their contention that their rights as judgment creditors defeat Morris and Pate’s rights under the lease. In Florida, a mortgage is simply a lien on the property to which it relates, and not “a conveyance of the legal title or of the right of possession.” § 697.02, Fla....

...That is because reformation of the deed was not necessary to foreclose the mortgage in this case, In fact, the reformation count was wholly irrelevant to Heartwood’s foreclosure count. Under Florida law, the lien of a mortgage encompasses the property described in the mortgage. See § 697.02, Fla....

...ublic Records of Miami-Dade County, Florida. In fact, Mr. Dori has never asserted that the mortgage was deficient or that the mortgage does not encumber the property. Thus, the mortgage constitutes a valid lien on the property under Florida law. See § 697.02 (providing that “[a] mortgage shall be held to be a specific lien on the property therein described”)....

...5 Ms. Newell never claimed, via affirmative defense or otherwise, that the typographical errors in the metes and bounds description of the real property rendered the mortgage ineffective to encumber the property with a lien for the mortgage. See § 697.02, Fla....

...Thus, for a mortgage to create a valid lien, the mortgage must contain a sufficient description of the property to enable the parties to ascertain and locate the property affected by the lien.” Heartwood 2, LLC v. Dori, 208 So. 3d 817, 821 (Fla. 3d DCA 2017) (citation omitted); see also § 697.02, Fla....

would not qualify as a sale. See F.S.1969, section 697.02, F.S.A., supra. 28 Fla.Jur., Sales, § 4, defines

...to 7 Fla. Jur., Conversion § 18, as showing that lienholders, as well as owners, are protected by this right of action. The United States cites White Engineering Corp. v. People’s State Bank, 81 Fla. 35 , 87 So. 753 (1921), a case annotated under § 697.02 F.S.A., supra, for the proposition that a lienholder has standing to sue for conversion....

...Chicago Title Ins. Co., 576 So.2d 310 (Fla. 3d DCA 1990) (b) that as the “owner of the indebtedness,” the plaintiff was an insured as defined by the policy, notwithstanding that the forged mortgage was assigned as collateral to its own financier, see § 697.02, Fla.Stat....

...s. 197.291(2), F. S., is the record owner and not the mortgagee. Because Florida is a `lien' state rather than a `title' state, a mortgagor retains legal title to the mortgaged property, and a mortgagee receives no more than a lien on such property. Section 697.02 , F....

...e transaction." Thomas E. Baynes, Jr. Mortgages, The Law in Florida, § 1-1 (1993). "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession." Fla. Stat. § 697.02....