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Florida Statute 701.01 - Full Text and Legal Analysis
Florida Statute 701.01 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 701.01 Case Law from Google Scholar Google Search for Amendments to 701.01

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 701
ASSIGNMENT AND CANCELLATION OF MORTGAGES
View Entire Chapter
701.01 Assignment.Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it, and that person or her or his assigns or subsequent assignees may lawfully have, take and pursue the same means and remedies which the mortgagee may lawfully have, take or pursue for the foreclosure of a mortgage and for the recovery of the money secured thereby.
History.s. 1, Dec. 11, 1834; RS 1985; GS 2498; RGS 3840; CGL 5743; s. 782, ch. 97-102.

F.S. 701.01 on Google Scholar

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Amendments to 701.01


Annotations, Discussions, Cases:

Cases Citing Statute 701.01

Total Results: 24  |  Sort by: Relevance  |  Newest First

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Floyd v. State, 569 So. 2d 1225 (Fla. 1990).

Cited 87 times | Published | Supreme Court of Florida | 1990 WL 132928

function of the jury. C. Ehrhardt, Florida Evidence § 701.1, at 386 (2d ed. 1984). The jury's function is to
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Thorp v. State, 777 So. 2d 385 (Fla. 2000).

Cited 28 times | Published | Supreme Court of Florida | 2000 WL 1707103

see also Charles W. Ehrhardt, Florida Evidence § 701.1, at 538 (1999 ed.). An exception to this rule is
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Taylor v. State, 425 So. 2d 1191 (Fla. 1st DCA 1983).

Cited 27 times | Published | Florida 1st District Court of Appeal

(Fla. 3d DCA 1961); 5 Ehrhardt, Florida Practice § 701.1 at 212 (1977). The witness must be shown to have
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Eberhardt v. State, 550 So. 2d 102 (Fla. 1st DCA 1989).

Cited 21 times | Published | Florida 1st District Court of Appeal | 1989 WL 113232

observable intoxication. Ehrhardt, Florida Evidence § 701.1, n. 18 (2d ed. 1984). The questions on cross-examination
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Ruffin v. State, 549 So. 2d 250 (Fla. 5th DCA 1989).

Cited 14 times | Published | Florida 5th District Court of Appeal | 1989 WL 111527

voice and handwriting. Ehrhardt, Florida Evidence § 701.1 (2d ed. 1984); Gard, Florida Evidence § 12:03 (2d
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Sanchez v. State, 101 So. 3d 1283 (Fla. 4th DCA 2012).

Cited 9 times | Published | Florida 4th District Court of Appeal | 2012 Fla. App. LEXIS 21396, 2012 WL 6169125

see also Charles W. Ehrhardt, Florida Evidence § 701.1, at 686 (2006 ed.) (stating that an owner must
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Lizio v. McCullom, 36 So. 3d 927 (Fla. 4th DCA 2010).

Cited 8 times | Published | Florida 4th District Court of Appeal | 2010 Fla. App. LEXIS 8199, 2010 WL 2292129

...NOTES [1] Appellant's initial motion for summary judgment was granted and then summarily vacated for reasons unspecified. We find the appellant's objection to the court's vacatur of the summary judgment to be without merit and affirm the trial court on this issue. [2] Pursuant to section 701.01, Florida Statutes (2008), "Any mortgagee may assign and transfer any mortgage made to her or him ......
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JP Morgan Chase v. New Millennial, LC, 6 So. 3d 681 (Fla. 2d DCA 2009).

Cited 5 times | Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 2221, 2009 WL 691187

...the party against whom summary judgment has been entered, and (2) the moving party is entitled to a judgment as a matter of law." Id. (citations omitted). Chapter 701, Florida Statutes (2004), is entitled "ASSIGNMENT AND CANCELLATION OF MORTGAGES." Section 701.01 states: Assignment.—Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it, and that person or her or his assigns or su...
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L.L. v. State, 189 So. 3d 252 (Fla. 3d DCA 2016).

Cited 5 times | Published | Florida 3rd District Court of Appeal | 2016 WL 1357736, 2016 Fla. App. LEXIS 5262

Charles W, Ehrhardt, Ehrhardt’s Florida Evidence § 701.1 at 668-71 (2008 ed.))); Gonzales v. State, 95 So
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Shiver v. State, 564 So. 2d 1158 (Fla. 1st DCA 1990).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 98453

trial. [2] See C.W. Ehrhardt, Florida Evidence § 701.1, at 386-87 (2d ed. 1984).
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RAP v. State, 575 So. 2d 277 (Fla. 1st DCA 1991).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1991 WL 27157

repair work. See C. Ehrhardt, Florida Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla. Stat
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Chesser v. State, 30 So. 3d 625 (Fla. 1st DCA 2010).

Cited 3 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 3350, 2010 WL 935476

Charles W. Ehrhardt, Ehrhardt's Florida Evidence § 701.1 at 668-71 (2008 ed.), the opinions of lay witnesses
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Kellner v. David, 140 So. 3d 1042 (Fla. 5th DCA 2014).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 8253, 2014 WL 2249477

Charles W. Ehrhardt, Ehrhardt’s Fla. Evidence § 701.1 at 668-71 (2008 ed.)). Expert testimony would be
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R.A.P. v. State, 575 So. 2d 277 (Fla. Dist. Ct. App. 1991).

Cited 1 times | Published | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 1692

repair work. See C. Ehrhardt, Florida Evidence § 701.1, at pp. 388-89 (2d ed. 1984); § 90.702, Fla.Stat
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Ramco Int'l, Inc. v. Travex Corp., 531 F. Supp. 796 (S.D. Fla. 1982).

Cited 1 times | Published | District Court, S.D. Florida | 1982 U.S. Dist. LEXIS 10709

Kalinowski, Antitrust Laws and Trade Regulation § 701[1]. The gravamen of the Section 2 claim for conspiracy
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Orlando Waste Paper Co. v. Meadows, 460 So. 2d 434 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 9 Fla. L. Weekly 2402, 1984 Fla. App. LEXIS 16387

the accident. See Ehrhardt, Florida Evidence, § 701.1 (2d Ed.1984) (upon proper predicate, lay testimony
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Sharnika Lashay Moore-Bryant v. State of Florida (Fla. 4th DCA 2024).

Published | Florida 4th District Court of Appeal

” Charles W. Ehrhardt, 1 Fla. Prac., Evidence § 701.1 (2023 ed.).
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Roberto Vieira & Shawn D. Vieira v. Pennymac Corp., 241 So. 3d 193 (Fla. 4th DCA 2018).

Published | Florida 4th District Court of Appeal

...Additionally, PennyMac argues that despite case law to the contrary, the assignment of the mortgage alone, without the inclusion of the note, bolsters the proof that JP Morgan had standing at the inception of the suit. For this argument, PennyMac relies on section 701.01, Florida Statutes (2017)....
...to JP Morgan. Additionally, PennyMac cites no case law in support of its argument that the assignment of mortgage (without an assignment of the note) bolsters the proof that JP Morgan had standing at the inception of the suit. Instead, PennyMac cites to section 701.01, which provides: Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it, and that person or her...
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Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016).

Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 11054

...(2011) (“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.”). And section 702.01 provides that “[a]ll mortgages shall be foreclosed in equity.” Originally enacted in 1834, section 701.01, Florida Statutes (2011), provides that “[a]ny mortgagee may assign and transfer any mortgage made to her or him” and that the assignee or transferee “may lawfully have, take and pursue the same means and remedies which the mortg...
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Cricket Kathleen Toole v. State of Florida, 270 So. 3d 371 (Fla. 4th DCA 2019).

Published | Florida 4th District Court of Appeal

CHARLES W. EHRHARDT, EHRHARDT’S FLORIDA EVIDENCE § 701.1, at 713 (2013 ed.) (“An owner can testify to the
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Houk v. PennyMac Corp., 210 So. 3d 726 (Fla. 2d DCA 2017).

Published | Florida 2nd District Court of Appeal | 2017 WL 535437, 2017 Fla. App. LEXIS 1659

...was attached to its motion to substitute plaintiff as being sufficient to establish its standing. According to PennyMac, "[t]he assignment of mortgage showed the mortgage was assigned 'with all rights due or to become due thereon.' This would include monies owed on the note. See § 701.01, Fla....
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Rico Johnson v. State, 215 So. 3d 644 (Fla. 5th DCA 2017).

Published | Florida 5th District Court of Appeal | 2017 WL 1304954, 2017 Fla. App. LEXIS 4776

in authoritative works. See Ehrhardt, supra, at § 701.1 n.2; Wigmore, supra, at §§ 1917-18; see also Ehrhardt
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L.L. v. State (Fla. 3d DCA 2016).

Published | Florida 3rd District Court of Appeal

Charles W. Ehrhardt, Ehrhardt’s Florida Evidence § 701.1 at 668–71 (2008 ed.))); Gonzales v. State, 95
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D.R.C. v. State, 670 So. 2d 1183 (Fla. Dist. Ct. App. 1996).

Published | District Court of Appeal of Florida | 1996 Fla. App. LEXIS 3362, 1996 WL 154216

requires expert testimony. Ehrhardt, Florida Evidence § 701.1 (1992 Edition). In this case, the officer’s testimony

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