The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 697
INSTRUMENTS DEEMED MORTGAGES AND THE NATURE OF A MORTGAGE

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F.S. 697.07

697.07 Assignment of rents.—

(1) For purposes of this section, the term:

(a) “Mortgagee” means a person entitled to enforce an obligation secured by a mortgage.

(b) “Mortgagor” means a person who grants a mortgage or a successor in ownership of the real property described in the mortgage.

(2) A mortgage or separate instrument may provide for an assignment of rents of real property or any interest therein as security for repayment of an indebtedness.

(3) If such an assignment is made, the mortgagee shall hold a lien on the rents, and the lien created by the assignment shall be perfected and effective against the mortgagor and third parties upon recordation of the mortgage or separate instrument in the public records of the county in which the real property is located, according to law.

(4) Unless otherwise agreed to in writing by the mortgagee and mortgagor, the lien created by the assignment of rents is enforceable upon the mortgagor’s default and written demand for the rents made by the mortgagee to the mortgagor, whereupon the mortgagor shall turn over all rents in the possession or control of the mortgagor at the time of the written demand or collected thereafter (the “collected rents”) to the mortgagee less payment of any expenses authorized by the mortgagee in writing.

(5) Upon application by the mortgagee or mortgagor, in a foreclosure action, and notwithstanding any asserted defenses or counterclaims of the mortgagor, a court of competent jurisdiction, pending final adjudication of any action, may require the mortgagor to deposit the collected rents into the registry of the court, or in such other depository as the court may designate. However, the court may authorize the use of the collected rents, before deposit into the registry of the court or other depository, to:

(a) Pay the reasonable expenses solely to protect, preserve, and operate the real property, including, without limitation, real estate taxes, insurance, and assessments that become due after the entry of the court’s order to a homeowners’ association or an association, as those terms are defined in s. 720.301, or a corporation regulated under chapter 718 or chapter 719;

(b) Escrow sums required by the mortgagee or separate assignment of rents instrument; and

The court shall require the mortgagor to account to the court and the mortgagee for the receipt and use of the collected rents and may also impose other conditions on the mortgagor’s use of the collected rents.

(6) Nothing herein shall preclude the court from granting any other appropriate relief regarding the collected rents pending final adjudication of the action. The undisbursed collected rents remaining in the possession of the mortgagor or in the registry of the court, or in such other depository as ordered by the court, shall be disbursed at the conclusion of the action in accordance with the court’s final judgment or decree.

(7) The court shall expedite the hearing on the application by the mortgagee or mortgagor to enforce the assignment of rents. The procedures authorized by this statute are in addition to any other rights or remedies of the mortgagee or mortgagor under the mortgage, separate assignment of rents instrument, promissory note, at law, or in equity.

(8) Nothing herein shall alter the lien priorities, rights, or interests among mortgagees or other lienholders or alter the rights of the mortgagee under the mortgage, separate assignment of rents instrument, at law or in equity, concerning rents collected before the written demand by the mortgagee. A mortgagee’s enforcement of its assignment of rents under this statute shall not operate to transfer title to any rents not received by the mortgagee.

(9) Any moneys received by the mortgagee pursuant to this statute shall be applied by the mortgagee in accordance with the mortgage, separate assignment of rents instrument, or promissory note, and the mortgagee shall account to the mortgagor for such application.

(10) This section does not apply to a corporation that is a homeowners’ association or an association, as those terms are defined in s. 720.301, or a corporation regulated under chapter 718 or chapter 719, that:

(a) Acquires title to a parcel or unit through the foreclosure of its claim of lien, or a deed in lieu of foreclosure, provided that title remains vested in the association or corporation and any rents collected are applied to assessments that are then due; or

(b) Collects rents from tenants in a parcel or unit pursuant to s. 718.116(11), s. 719.108(10), or s. 720.3085(8).

History.—s. 1, ch. 87-217; s. 1, ch. 93-88; s. 13, ch. 93-250; s. 12, ch. 97-93; s. 1, ch. 2001-215; s. 2, ch. 2023-215.

F.S. 697.07 on Google Scholar

F.S. 697.07 on Casetext

Amendments to 697.07

Arrestable Offenses / Crimes under Fla. Stat. 697.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 697.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SEASPRAY RESORT, LTD, a K. v. UCF I TRUST a, 260 So. 3d 333 (Fla. App. Ct. 2018)

. . . the court registry pending final judgment, regardless of any asserted defenses or counterclaims. § 697.07 . . . An order sequestering rents into the court registry under section 697.07(4) is reviewed for an abuse . . . FDIC , 629 So.2d 975 (Fla. 5th DCA 1993), where the Fifth District stated that section 697.07 applies . . . We distinguish Orlando Hyatt because the parties in that case agreed that section 697.07 does not apply . . . See § 697.07(4), Fla. Stat. (2013). Affirmed without prejudice. . . .

BLUEWATER, INC. v. CENTER STREET LENDING FUND IV SPE, LLC,, 257 So. 3d 1092 (Fla. App. Ct. 2018)

. . . We summarily affirm the trial court's order requiring sequestration of rents under section 697.07(4), . . .

GREEN EMERALD HOMES, LLC, v. RESIDENTIAL CREDIT OPPORTUNITIES TRUST, 256 So. 3d 211 (Fla. App. Ct. 2018)

. . . order granting Residential Credit Opportunities Trust's motion to sequester rents pursuant to section 697.07 . . . Section 697.07 provides, in pertinent part: (1) A mortgage or separate instrument may provide for an . . . Ginsberg, 645 So.2d at 498 ; see also § 697.07(2). . . . . § 697.07(4) ; see also Wane, 128 So.3d at 934 (" Section 697.07 draws a clear line between a motion . . . (3) ; it sought only sequestration of rents, pursuant to section 697.07(4). . . .

UV CITE III, LLC, v. DEUTSCHE BANK NATIONAL TRUST CO. ABS I, 215 So. 3d 1280 (Fla. Dist. Ct. App. 2017)

. . . .”§ 697.07(1), (4), Fla. Stat. (2016). . . . Section 697.07 “was enacted as a public policy matter by the legislature to facilitate commercial lending . . .

TERANT, v. BELTWAY CAPITAL, LLC,, 147 So. 3d 1103 (Fla. Dist. Ct. App. 2014)

. . . Section 697.07(4).” . . . profits from the Property shall constitute and be construed as ‘rents’ for all purposes under Section 697.07 . . . that “rents” which are subject to foreclosure proceeding sequestration pursuant to either (i) Section 697.07 . . . The term "rents” contemplated in Section 697.07 does not include the revenues collected by a hotel from . . .

IN RE PLUMMER, 513 B.R. 135 (Bankr. M.D. Fla. 2014)

. . . assignment of rents clause in the mortgage or demonstrate compliance with the procedures of section 697.07 . . .

WANE, v. U. S. BANK, NATIONAL ASSOCIATION,, 128 So. 3d 932 (Fla. Dist. Ct. App. 2013)

. . . Bank was legally obligated to comply with the terms of the Rider and section 697.07, Florida Statutes . . . Section 697.07 draws a clear line between a motion seeking sequestration of rents into the court registry . . . Compare § 697.07(4) (dealing with sequestration of rents into the court registry), with § 697.07(3) ( . . . Bank had made either a written demand for the rents as required by section 697.07(3) or given written . . . Bank an opportunity to prove that it is entitled to an assignment of rents under section 697.07(3) and . . .

OCEAN BANK, v. AVENUE OFFICE PARK CONDOMINIUM ASSOCIATION, INC., 95 So. 3d 432 (Fla. Dist. Ct. App. 2012)

. . . See § 697.07, Fla. Stat. (2003); Howard Sav. Bank v. E. Fed. Corp., 614 So.2d 1162 (Fla.1993). . . .

TIDEWATER ESTATES CO- OP, INC. a v. U. S. BANK NATIONAL ASSOCIATION, MLCFC, 83 So. 3d 912 (Fla. Dist. Ct. App. 2012)

. . . Section 697.07(4), Florida Statutes (2011), provides that a court may order sequestration of rents “notwithstanding . . .

R. DeSILVA, v. FIRST COMMUNITY BANK OF AMERICA, a, 42 So. 3d 285 (Fla. Dist. Ct. App. 2010)

. . . Section 697.07, Florida Statutes (2009), provides a simple method to enforce rent assignment clauses. . . .

In MAISON GRANDE CONDOMINIUM ASSOCIATION, INC. a, 425 B.R. 684 (Bankr. S.D. Fla. 2010)

. . . . § 697.07.) . . .

UNITED STATES v. F. BAILEY,, 419 F.3d 1208 (11th Cir. 2005)

. . . . § 697.07). . . .

In NORTH STAR MANAGEMENT, LP LLP, J. v. LLC,, 308 B.R. 906 (B.A.P. 8th Cir. 2004)

. . . 1,218.20 May 7, 2001 598.91 May 7, 2001 620.97 May 22, 2001 224.23 June 1, 2001 4,343.62' June 5, 2001 697.07 . . .

UNITED STATES v. F. BAILEY,, 288 F. Supp. 2d 1261 (M.D. Fla. 2003)

. . . . § 697.07, which governs the steps a mortgagee must take in order to enforce an assignment of rents. . . . Stat. § 697.07. . . . According to Lennar, § 697.07 afforded it an automatic right to the rents upon default thereby satisfying . . .

In NORTH STAR MANAGEMENT, LP, LLP, J. v. LLC,, 305 B.R. 312 (Bankr. D.N.D. 2003)

. . . 1,218.20 May 7, 2001 598.91 May 7, 2001 620.97 May 22, 2001 224.23 June 1, 2001 4,343.62 June 5, 2001 697.07 . . .

NATIONAL LOAN INVESTORS, L. P. v. JOYMAR ASSOCIATES,, 812 So. 2d 582 (Fla. Dist. Ct. App. 2002)

. . . an order denying the plaintiff-mortgagee’s motion for sequestration of rents as provided by section 697.07 . . .

CITATION MORTGAGE, LTD. v. RC OF A RETIREMENT LIVING LTD. SERIES III,, 753 So. 2d 777 (Fla. Dist. Ct. App. 2000)

. . . counts 7 through 10 and 12 through 14, which are all based on appellants’ claim that under section 697.07 . . . In a prior appeal in this case, this court held that section 697.07 of the Florida Statutes (1991), which . . . 497 (Fla. 3d DCA 1994), rev. denied, 659 So.2d 272 (Fla.1995), the court held that, although section 697.07 . . .

In DE CESPEDES,, 241 B.R. 260 (Bankr. S.D. Fla. 1999)

. . . . § 697.07(3) provides that an assignment of rents shall be enforceable upon the mortgagor’s default . . .

In MILLETTE, O v. E B, 186 F.3d 638 (5th Cir. 1999)

. . . . § 697.07(2) (West Supp.1999). . . .

In MILLETTE, O v. E B, 186 F.3d 638 (5th Cir. 1999)

. . . . § 697.07(2) (West Supp.1999). . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, v., 184 F.3d 143 (2d Cir. 1999)

. . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 697.07 Fla. Stat. . . . Ann. § 697.07(3). . . . Damages under § 697.07 Citation’s claim also fails for the additional reason that § 697.07 does not give . . . Ann. § 697.07 (1987). . . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, v., 184 F.3d 143 (2d Cir. 1999)

. . . Ann. §§ 697.07, 818.01, and 726.105. . . . Section 697.07 Fla. Stat. . . . . § 697.07 codifies a protocol for the enforcement of collateral assignments of rents. ■ Section 697.07 . . . Ann. § 697.07(3). . . . Ann. § 697.07 (1987). . . . .

In VILLAMONT- OXFORD ASSOCIATES LIMITED PARTNERSHIP, v., 236 B.R. 467 (Bankr. M.D. Fla. 1999)

. . . Pursuant to § 697.07, Florida Statutes, the state court authorized the use of the rents to pay reasonable . . . Section 697.07 of the Florida Statutes provides in part: Chapter 697. . . . Instruments Deemed Mortgages and the Nature of a Mortgage 697.07. . . . Section 697.07(8), Florida Statutes, provides that any of the rents received by the mortgagee shall be . . .

In VENICE- OXFORD ASSOCIATES LIMITED PARTNERSHIP, v., 236 B.R. 820 (Bankr. M.D. Fla. 1999)

FERNANDEZ, v. OLSAVSKY,, 722 So. 2d 953 (Fla. Dist. Ct. App. 1998)

. . . Bank, 591 So.2d 1137 (Fla. 4th DCA 1992)(affirming, under § 697.07, Fla. . . .

In VENICE- OXFORD ASSOCIATES LIMITED PARTNERSHIP,, 236 B.R. 791 (Bankr. M.D. Fla. 1998)

. . . The letter also stated: Further, pursuant to the Loan Documents and Florida Statute § 697.07, demand . . . Mortgages, Rents, and Florida Statute § 697.07 (1993). . . . In 1987, the Florida Legislature enacted Section 697.07, Florida Statutes, to address the assignment . . . The Motion cites Section 697.07 of the Florida Statutes. . . . Stat. § 697.07 (1987). . . .

In VILLAMONT- OXFORD ASSOCIATES LIMITED PARTNERSHIP,, 230 B.R. 445 (Bankr. M.D. Fla. 1998)

WHUD REAL ESTATE LIMITED PARTNERSHIP, a a v. OAK GROVE, LTD. a By R. KASSELL, 699 So. 2d 842 (Fla. Dist. Ct. App. 1997)

. . . the court’s registry pending final adjudication was a clear abuse of discretion granted under section 697.07 . . . find error in the court’s denial of an assignment of the rents to the appellants pursuant to section 697.07 . . .

SEASONS PARTNERSHIP I, a v. KRAUS- ANDERSON, INCORPORATED, a, 700 So. 2d 60 (Fla. Dist. Ct. App. 1997)

. . . The Seasons did not oppose an order to deposit the rents pursuant to section 697.07, Florida Statutes . . . Moreover, as in Alafaya Square, Kraus-Anderson may invoke section 697.07, Florida Statutes (1995), to . . .

ALAFAYA SQUARE ASSOCIATION, LTD. v. GREAT WESTERN BANK,, 700 So. 2d 38 (Fla. Dist. Ct. App. 1997)

. . . In March of 1995, the trial court granted the motion pursuant to section 697.07, Florida Statutes (1995 . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP,, 212 B.R. 31 (Bankr. D. Conn. 1997)

. . . . § 697.07, as amended, the Defendants, ORMOND BEACH and LPIMC, are directed to render, within twenty . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP, In v. CITATION MORTGAGE, LTD., 204 B.R. 336 (Bankr. D. Conn. 1996)

. . . . § 697.07.” Exh. 28. . . . The court ordered that “[pjursuant to Fla.Stat. § 697.07, as amended, the Defendants, Ormond Beach and . . . (a) Retroactivity of § 697.07 It is well settled that under Florida common law, a pledge of the rents . . . Fla.Stat. § 697.07 (1993). . . . . Fla.Stat. § 697.07 (1987). . . . .

WHETSTONE PARTNERSHIP, a a B. L. v. GENERAL ELECTRIC CAPITAL CORPORATION, a, 666 So. 2d 194 (Fla. Dist. Ct. App. 1995)

. . . Section 697.07(4), Florida Statutes (1993) specifically provides in regard to a motion to sequester rents . . .

In ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP,, 185 B.R. 408 (Bankr. D. Conn. 1995)

. . . . § 697.07 and any appeals thereon except that (1) the Florida state court may not direct that any property . . .

In MIDWAY INVESTMENTS, LTD. a, 187 B.R. 382 (Bankr. S.D. Fla. 1995)

. . . On January 19, 1995 it invoked its rights under Section 697.07 of the Florida Statutes to require that . . . rente from the center, and that Aetna effectively invoked its right to receive the rents under Section 697.07 . . .

BARED AND COMPANY, INC. v. LANDIS GYR POWERS, INC., 650 So. 2d 633 (Fla. Dist. Ct. App. 1995)

. . . Holdings, Inc., 645 So.2d 490, 497 (Fla. 3rd DCA 1994) (Florida Statute section 697.07, providing for . . .

L. GINSBERG MLG v. LENNAR FLORIDA HOLDINGS, INC. MS I. a, 645 So. 2d 490 (Fla. Dist. Ct. App. 1994)

. . . 697.07 governs in instant action. . . . We agree with Lennar that section 697.07, Florida Statutes (1993) should be applied retroactively and . . . Further, we believe it was the intent of the Legislature that section 697.07 be applied retroactively . . . In 1993 the Legislature amended section 697.07, in part, in response to several cases which held the . . . Section 697.07, Florida Statutes is procedural, it sets out the steps a mortgagee must take in order . . .

MORRONI A. v. B. FISHER L., 647 So. 2d 127 (Fla. Dist. Ct. App. 1994)

. . . Florida, 591 So.2d 1137 (Fla. 4th DCA 1992) notes that both Leon and Law were superseded by section 697.07 . . .

In IMMENHAUSEN CORPORATION, BERLINER HANDLES- UND FRANKFURTER BANK, v. IMMENHAUSEN CORPORATION, P. A., 164 B.R. 1004 (M.D. Fla. 1994)

. . . made a demand for rents, thus perfecting its security interest in the rents under Florida Statutes § 697.07 . . .

ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP LPIMC, v. CITATION MORTGAGE, LTD. a, 634 So. 2d 1091 (Fla. Dist. Ct. App. 1994)

. . . order; however, we do so not on the basis articulated in the lower court’s order but on the basis of § 697.07 . . . Appellant urges that § 697.07, Florida Statutes (1993) cannot require sequestration of rents collected . . . The amendments to section 697.07 have removed any perceived statutory impediment to enforcement of rent . . . The 1991 version of section 697.07 plainly intended to give effect to the parties’ agreement to assign . . . As Oakbrooke pointed out, section 697.07 does not purport to cause the transfer of an ownership interest . . .

EGYB, INC. v. FIRST UNION NATIONAL BANK OF FLORIDA,, 630 So. 2d 1216 (Fla. Dist. Ct. App. 1994)

. . . On the same date, First Union sent EGYB another demand letter pursuant to Florida Statutes, section 697.07 . . . Section 697.07, Florida Statutes (1991) states in relevant part: A mortgage may provide for an assignment . . .

ORLANDO HYATT ASSOCIATES, LTD, v. FEDERAL DEPOSIT INSURANCE CORPORATION, f k a, 629 So. 2d 975 (Fla. Dist. Ct. App. 1993)

. . . Motion Seeking the Appointment of a Receiver and to Compel the Deposit of Rents pursuant to section 697.07 . . . At the hearing, the trial court agreed with Orlando Hyatt that section 697.07, the assignment of rents . . . The parties and the trial court agree that section 697.07, the assignment of rents provision, does not . . . Prior to the enactment of section 697.07, Florida courts acknowledged that a mortgagor may pledge rents . . . Section 697.07 provides: 697.07 Assignment of rents.' — A mortgage may provide for an assignment of rents . . .

In SM LIMITED, a, 160 B.R. 202 (Bankr. S.D. Fla. 1993)

. . . . § 697.07; In re Ameriswiss Assocs., 148 B.R. 349, 352 (Bankr.S.D.Fla.1992). . . .

In E. L. BRACKIN, Jr. d b a E. L. d b a ELB d b a d b a, 158 B.R. 249 (Bankr. M.D. Fla. 1993)

. . . an absolute ownership interest in and to said rental revenues in accordance with Florida Statutes § 697.07 . . . Based on the foregoing, Seaboard asserts that, pursuant to the Final Judgment and Florida Statute 697.07 . . . Florida Statute § 697.07 (1989) provides: A mortgage may provide for an assignment of rents. . . . This Court stated that § 697.07 was not meant to create an outright transfer of ownership interest in . . . The Court held that § 697.07 contemplates further judicial proceedings requiring a determination of the . . .

In RIVER OAKS INVESTMENT CORP., 152 B.R. 684 (Bankr. S.D. Fla. 1993)

. . . acting in its capacity as Receiver, made a pre-bankruptcy implementation of Florida Statute Section 697.07 . . . (“Section 697.07”) on or about September 9, 1991. . . . of the 1986 Loan Documents and the RTC’s written demand for payment of the rents pursuant to Section 697.07 . . . The RTC’s pre-bankruptcy implementation of Section 697.07 created an absolute transfer of the Rents to . . . Inasmuch as Section 697.07 effects a substantive change from the common law with respect to the property . . .

HOWARD SAVINGS BANK, v. EASTERN FEDERAL CORPORATION,, 614 So. 2d 1162 (Fla. Dist. Ct. App. 1993)

. . . Section 697.07, Florida Statutes (1989) provides that if a mortgage contains an assignment of rents clause . . .

In AMERISWISS ASSOCIATES,, 148 B.R. 349 (Bankr. S.D. Fla. 1992)

. . . . § 697.07. . . . (B)Notice was given by Frankel pursuant to Fla.Stat. § 697.07 (1991) Fla.Stat. § 697.07 (1991) provides . . . (C) Fla.Stat. § 697.07 (1991) effects an absolute transfer of rents This Court has previously held that . . . Fla.Stat. § 697.07 “is intended to create an absolute transfer of the income stream to the mortgagee . . . (D) Fla.Stat. § 697.07 (1991) is substantive and, therefore, is not retroactive While Fla.Stat. § 697.07 . . .

In LANDINGS ASSOCIATES LIMITED PARTNERSHIP,, 145 B.R. 101 (Bankr. M.D. Fla. 1992)

. . . . § 697.07 and an assignment of rents, demanded that the Debtor turn over or sequester all rents collected . . .

In TAMPA MEDICAL TOWER LIMITED PARTNERSHIP,, 145 B.R. 99 (Bankr. M.D. Fla. 1992)

. . . Stat. 697.07 and an assignment of rents, demanded that the Debtor turn over or sequester all rents collected . . .

CITIZENS AND SOUTHERN NATIONAL BANK, v. FEDERAL DEPOSIT INSURANCE CORPORATION,, 602 So. 2d 691 (Fla. Dist. Ct. App. 1992)

. . . Applying section 697.07 retroactively, the assignment of rents became absolute upon the mortgagor’s default . . . Section 697.07, Fla. Stat. (1989). . . .

FELTY v. STATE DEPARTMENT OF ENVIRONMENT REGULATION,, 601 So. 2d 310 (Fla. Dist. Ct. App. 1992)

. . . In the latter case, Section 697.07, Fla.Stat. (1989) authorizes a trial court to compel such a deposit . . .

In MARICAMP SQUARE ASSOCIATES, LTD., 139 B.R. 554 (Bankr. M.D. Fla. 1992)

. . . profits arising from or connected with the Property (collectively, the “Rents”), pursuant to Section 697.07 . . .

In CENTURY PLAZA ASSOCIATES,, 154 B.R. 349 (Bankr. S.D. Fla. 1992)

. . . . § 697.07. . . . court level, the debtor moved for the rents to be placed in the court’s registry pursuant to F.S. § 697.07 . . .

WILLIAMS, v. FIRST UNION NATIONAL BANK OF FLORIDA,, 591 So. 2d 1137 (Fla. Dist. Ct. App. 1992)

. . . is an appeal of a non-final order denying the appellant, Johnny Williams’, motion to declare section 697.07 . . . causing First Union to give written notice of the default and demand for rents pursuant to section 697.07 . . . Williams objected to the motion and asked the court to declare section 697.07 unconstitutional on the . . . The pertinent statute and rule of procedure involved herein are: Section 697.07, Florida Statutes (1989 . . . However, Williams argues that, when 697.07 is enforced, it compels the trial courts of this state to . . .

In GORROW DEVELOPMENT CORPORATION,, 135 B.R. 427 (Bankr. M.D. Fla. 1991)

. . . Section 697.07 of the Florida Statutes provides: A mortgage may provide for an assignment of rents. . . . Some federal courts have determined Section 697.07 does, indeed, effect an absolute transfer of ownership . . . Now, however, Florida state courts have interpreted Section 697.07 and have determined Section 697.07 . . . Insurance Commissioner of California, 579 So.2d 259 (Fla. 4th DCA 1991) (Fla.Stat. § 697.07 does not . . . Molko, 584 So.2d 76 (Fla. 3d DCA 1991), merely holds that at a minimum § 697.07 requires a mortgagor . . .

SILVER PINES PARTNERS LTD. v. RESOLUTION TRUST CORPORATION,, 588 So. 2d 63 (Fla. Dist. Ct. App. 1991)

. . . had exercised its right to receive rentals and had made a written demand therefor pursuant to section 697.07 . . .

In SHOPPES OF HILLSBORO, LTD., 131 B.R. 1018 (Bankr. S.D. Fla. 1991)

. . . mortgagee’s pre-petition demand for turnover conveyed ownership of the rents to the mortgagee under § 697.07 . . . Pursuant to Fla.Stat. § 697.07, Meritor demanded that all rents thereafter received by Shoppes or rental . . . Meritor exercised its rights under Fla.Stat. § 697.07 and demanded turnover of the rents prior to the . . . Fla.Stat. § 697.07, provides that: A mortgage may provide for an assignment of rents. . . . Fla.Stat. § 697.07. . . .

In ROLLINGWOOD APARTMENTS, LTD., 133 B.R. 906 (Bankr. S.D. Ohio 1991)

. . . . § 697.07. . . . Under Fla.Stat. § 697.07 and the assignment of rents provision, Freddie Mac argues that upon default . . . Fla.Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . This conclusion is based upon Freddie Mac’s arguments under Fla.Stat. § 697.07. . . . . § 697.07. . . .

In CALIFORNIA GARDENS APARTMENTS, LTD. II, II, II,, 130 B.R. 509 (Bankr. S.D. Ohio 1991)

. . . Fla.Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . Stat. § 697.07 by Florida State Courts Prior to the enactment of Fla.Stat. § 697.07, Florida common law . . . Stat. § 697.07 “does not create any new rights regarding the ability to assign rents.” . . . Stat. § 697.07 applies retroactively. . . . Fla.Stat. § 697.07 does not create or authorize a transfer of absolute ownership rights in rents. . . .

FEDERAL HOME LOAN MORTGAGE CORP. a v. S. MOLKO,, 584 So. 2d 76 (Fla. Dist. Ct. App. 1991)

. . . Section 697.07, Florida Statutes (1989), provides that a mortgage may provide, as here, for an assignment . . .

In THYMEWOOD APARTMENTS, LTD. II, II II, III,, 129 B.R. 505 (Bankr. S.D. Ohio 1991)

. . . . § 697.07 (1987). . . . Can Florida Statute § 697.07 Be Applied Retroactively? 1. . . . was not changed by the enactment of Fla.Stat. § 697.07. . . . Stat. § 697.07 is not proscribed because Fla.Stat. § 697.07 does not change the substantive law. . . . The effective date of Fla.Stat. § 697.07 is October 1, 1987. . . .

OAKBROOKE ASSOCIATES, LTD. v. INSURANCE COMMISSIONER OF STATE OF CALIFORNIA,, 581 So. 2d 943 (Fla. Dist. Ct. App. 1991)

. . . This is an appeal from an order awarding an assignment of rents pursuant to section 697.07, Florida Statutes . . . incomes, issues, profits and other revenues arising from the mortgaged property pursuant to section 697.07 . . . A hearing was held, after which the trial court ruled that section 697.07, Florida Statutes (1989) should . . . This statute provides: 697.07 Assignment of Rents. — A mortgage may provide for an assignment of rents . . . The district court concluded that the legislature had enacted section 697.07, Florida Statutes (1987) . . .

HAVEN FEDERAL SAVINGS LOAN ASSOCIATION, v. F. KIRIAN,, 579 So. 2d 730 (Fla. 1991)

. . . According to the final staff analysis of the House Commerce Committee, that legislation amended §§ 697.07 . . .

In J. E. CARTER, Jr. A. S. In J. E. COWART E. L., 126 B.R. 811 (Bankr. M.D. Fla. 1991)

. . . In June, 1990, by separate letters and pursuant to section 697.07, Florida Statutes, and the terms of . . . issue that the Court must address is whether or not under 11 U.S.C. § 363(a) and Florida Statutes § 697.07 . . . Section 697.07, Florida Statutes, provides in pertinent part: A mortgage may provide for an assignment . . . C & S has satisfied the requirements of § 697.07 by making a pre-petition written demand on the Debtors . . . Under 697.07 C & S’s written demand following the default effected an absolute transfer of the ownership . . .

NASSAU SQUARE ASSOCIATES, LTD. SHL v. INSURANCE COMMISSIONER OF STATE OF CALIFORNIA, SANDALFOOT SQUARE ASSOCIATES, LTD. SHL v. INSURANCE COMMISSIONER OF STATE OF CALIFORNIA,, 579 So. 2d 259 (Fla. Dist. Ct. App. 1991)

. . . These two appeals, which we sua sponte consolidate, emanate from the trial court’s ruling that section 697.07 . . . was executed before the effective date of the statute and thus the issue before us is whether section 697.07 . . . The statute provides: 697.07 Assignment of rents. . . . No Florida state court has addressed the issue of retroactivity of section 697.07. . . . The legislative analysis for House Bill 1153, enacted into law by the legislature as section 697.07, . . .

In SHORE HAVEN MOTOR INN, INC., 124 B.R. 617 (Bankr. S.D. Fla. 1991)

. . . In conformity with Florida Statute § 697.07, the creditor asserts that the assignment of rents clause . . .

In THYMEWOOD APARTMENTS, LTD. II, II, II, III,, 123 B.R. 969 (S.D. Ohio 1991)

. . . . § 697.07 (1989). . . . The court concluded that section 697.07 was not meant to provide for an absolute transfer of ownership . . . Fla.Stat. § 697.07 (1989) (emphasis added). . . . That is precisely the problem section 697.07 was meant to address. . . . Thus under section 697.07, rents collected subsequent to default and notice may pass directly to the . . .

In SUNRISE INDUSTRIAL DEVELOPMENT CORP., 121 B.R. 911 (Bankr. S.D. Fla. 1990)

. . . transferred to Waters upon default and written demand to the Debtor herein, pursuant to Florida Statute § 697.07 . . . Florida statute § 697.07 (1989) provides in pertinent part as follows: “A mortgage may provide for an . . . Based on the Debtor’s default and Waters compliance with the provisions of § 697.07 the Assignment of . . . In accordance with the foregoing findings of fact, Water’s compliance with Florida Statute § 697.07 ( . . .

In ASHOKA ENTERPRISES, INC., 125 B.R. 845 (Bankr. S.D. Fla. 1990)

. . . . § 697.07 (1987). The effective date of said statute is October 1, 1987. . . . CONCLUSIONS OF LAW Section 697.07 provides in part that a mortgage may contain “an assignment of rents . . . Fla.Stat. § 697.07 (1987). . . . It further argues that § 697.07 cited above specifically provides for perfection without the need to . . . The holding that § 697.07 does not apply preter-mits a finding on the retroactivity of the statute. . . .

In CARDINAL INDUSTRIES, INC. II, II, II II, II, III,, 118 B.R. 971 (Bankr. S.D. Ohio 1990)

. . . Florida Stat. § 697.07 provides: A mortgage may provide for an assignment of rents. . . . The court examined the law prior to the amendment of § 697.07, and concluded at 321 that: ..., it was . . . Stat. § 697.07 such a literal interpretation. . . . Stat. § 697.07, the rent assignment becomes absolute. . . . Stat. § 697.07. Recently, the analysis undertaken by the court in Aloma Square was affirmed. . . .

In GROWERS PROPERTIES NO. LIMITED, A No. A No. A No. A, 117 B.R. 1015 (Bankr. M.D. Fla. 1990)

. . . . § 697.07. . . . Fla.Stat. § 697.07 does nothing more than dispel the necessity of a mortgagee to seek a receiver to protect . . .

In WESTPORT- SANDPIPER ASSOCIATES LIMITED PARTNERSHIP,, 116 B.R. 355 (Bankr. D. Conn. 1990)

. . . A significant portion of the debtor’s memorandum is devoted to a discussion of Florida Statute § 697.07 . . . Section 697.07 did not become effective until October 1, 1987 and, while I recognize that one court has . . . held that § 697.07 applies retrospectively, In re Aloma Square, Inc., 85 B.R. 623, 625 (Bankr.M.D.Fla . . . Section 697.07 contains no explicit language authorizing retroactive application, and as noted by the . . . Franklin and Camelot courts, the retrospective application of § 697.07 would impair a mortgagor’s rights . . .

In ALOMA SQUARE, INC. ALOMA SQUARE, INC. v. CALIFORNIA FEDERAL SAVINGS AND LOAN ASSOCIATION,, 116 B.R. 827 (M.D. Fla. 1990)

. . . Instead, the Appellant challenges the court’s application of section 697.07 to the facts of instant case . . . The court concluded that the section 697.07 had retroactive application because it is purely a remedial . . . The Appellant contends, on the other hand, that section 697.07 effectively abolished its substantive . . . Section 697.07 therefore cannot be applied retrospectively to deprive Appellant of the rental proceeds . . . Section 697.07, Florida Statutes, provides: A mortgage may provide for an assignment of rents. . . .

In BVT CHESTNUT HILL APARTMENTS, LTD., 115 B.R. 116 (Bankr. M.D. Tenn. 1990)

. . . . § 697.07 puts rents outside of the bankruptcy estate altogether). . . . FLA.STAT. § 697.07 states in part: A mortgage may provide for an assignment of rents. . . .

In STREET MINI STORAGE, INC., 113 B.R. 87 (Bankr. S.D. Fla. 1990)

. . . Accordingly, the Court must apply Florida law, specifically § 697.07, Fla.Stat., to the case at bar. . . . The Florida assignment of rents statute, § 697.07, became effective on October 1, 1987. . . . Prior to the enactment of § 697.07, Florida common law provided that a mortgagee was not entitled to . . . The Court’s interpretation of § 697.07 also receives support from existing case law. . . . The Mortgage contained an assignment of rents clause governed by § 697.07, Fla.Stat. . . .

In v., 108 B.R. 788 (Bankr. M.D. Fla. 1989)

. . . regarding assignments of rents and by the separate assignments of rents provision under Florida Statutes § 697.07 . . . exercise of its rights under the Assignments of Rents Agreement, and pursuant to Florida Statutes § 697.07 . . .

In MARINER ENTERPRISES OF PANAMA CITY, INC., 131 B.R. 190 (Bankr. N.D. Fla. 1989)

. . . Prior to the enactment of Section 697.07, Fla.Stats., under Florida common law, a lender was not entitled . . . Florida’s new statutory provision governing assignment of rents, Section 697.07, (Fla.Stat.1987), provides . . . AmSouth did not cite this case, the Minnesota bankruptcy court literally interpreted Florida Statute 697.07 . . . Section 697.07, Fla.Stats. . . . Prior to the petition in this case, Am-South demanded payment of the rents in accordance with Section 697.07 . . .

In FRANKLIN PEMBROKE VENTURE II a k a II,, 105 B.R. 276 (Bankr. E.D. Pa. 1989)

. . . . § 697.07 (hereinafter referred to as “the New Law”), which provides as follows: A mortgage may provide . . .

In ONE FOURTH STREET NORTH, LTD., 105 B.R. 106 (Bankr. M.D. Fla. 1989)

. . . . § 697.07. . . .

In ONE FOURTH STREET NORTH, LTD., 103 B.R. 320 (Bankr. M.D. Fla. 1989)

. . . . § 697.07, thereby transferring ownership to all rents and incomes generated by the mortgaged property . . . Fla.Stat. § 697.07 provides in pertinent part: A mortgage may provide for an assignment of rent and if . . . Under Florida common law prior to the enactment of § 697.07, it was well settled in this State that a . . . Notwithstanding the liberal language of the Statute, this Court is satisfied that § 697.07 was not intended . . . This conclusion is also consistent with the balance of the language contained in § 697.07, which states . . .

In COLONIAL MANOR ASSOCIATES, LTD. a, 103 B.R. 315 (Bankr. M.D. Fla. 1989)

. . . On November 14, 1988, Investors made written demand on debtor for rents pursuant to § 697.07, Florida . . .

EXECUTIVE SQUARE, LTD. v. DELRAY EXECUTIVE SQUARE, LTD. a, 546 So. 2d 434 (Fla. Dist. Ct. App. 1989)

. . . . § 697.07, Fla.Stat. (1987). . . . Appellant quoted part of section 697.07 but failed to quote the operative language which provides: A . . .

In DIESEL ENGINEERS, INC. E. RAYMOS, v. LANAHAN, 99 B.R. 1020 (Bankr. M.D. Fla. 1989)

. . . mortgage note (approximately $236,400) and (ii) demanded payment of the assigned rents pursuant to § 697.07 . . . 7, 1989, letter from First Federal’s attorney constituted a written demand by the mortgagee under § 697.07 . . .

In CAMELOT ASSOCIATES LIMITED PARTNERSHIP,, 102 B.R. 161 (Bankr. D. Minn. 1989)

. . . . § 697.07. That statute provides: A mortgage may provide for an assignment of rents. . . . FLA.STAT. § 697.07 makes all Florida assignments of rents into absolute transfers of the ongoing income . . . This Court fundamentally disagrees with the Aloma Square Court’s characterization of § 697.07 as “merely . . . The language of FLA.STAT. § 697.07 contains no explicit language authorizing a retroactive application . . . FLA.STAT. § 697.07 cannot be applied to these cases in a fashion which is defensible under the cited . . .

In J. MEARS S., 88 B.R. 419 (Bankr. S.D. Fla. 1988)

. . . In addition to Flagler’s perfection under Florida common law, Florida Statute, Section 697.07, provides . . .

In R. KRILICH Co. A d b a A, 87 B.R. 178 (Bankr. M.D. Fla. 1988)

. . . the commencement of the foreclosure action, Metropolitan Annuity filed, pursuant to Florida Statute 697.07 . . .

In ALOMA SQUARE, INC., 85 B.R. 623 (Bankr. M.D. Fla. 1988)

. . . Cal Fed argues that its assignment rights vested upon demand under newly enacted Florida Statute § 697.07 . . . That statute, specifically § 697.07, now provides: A mortgage may provide for an assignment of rents. . . . Movant has argued that § 697.07 is procedural in nature and fits within the exception to the general . . . Florida Statute § 697.07 does not create any new rights regarding the ability to assign rents. . . . Absent an appellate ruling which is binding upon this Court, § 697.07 will be given retroactive effect . . .

ATCO CONSTRUCTION DEVELOPMENT CORPORATION, v. BENEFICIAL SAVINGS BANK, F. S. B., 523 So. 2d 747 (Fla. Dist. Ct. App. 1988)

. . . its appointment as receiver in both cases by raising, for the first time in its answer brief, section 697.07 . . . Section 697.07, Florida Statutes (1987), effective October 1, 1987, provides as follows: 697.07 Assignment . . .

MAY HOSIERY MILLS, v. COMMISSIONER OF INTERNAL REVENUE, 123 F.2d 858 (4th Cir. 1941)

. . . This sum is arrived at by deducting $11,-697.07, originally received for the shares, from $49,165.51, . . .