Florida Statute 701.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 701
ASSIGNMENT AND CANCELLATION OF MORTGAGES

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F.S. 701.04

701.04 Cancellation of mortgages, liens, and judgments.—

(1)(a) Within 10 days after receipt of the written request of a mortgagor, a record title owner of the property, a fiduciary or trustee lawfully acting on behalf of a record title owner, or any other person lawfully authorized to act on behalf of a mortgagor or record title owner of the property, the mortgagee or mortgage servicer shall send or cause to be sent an estoppel letter setting forth the unpaid balance of the loan secured by the mortgage. If the written request is made by a person other than the mortgagor, the request must include a copy of the instrument showing such person’s title in the property or other lawful authorization, and the mortgagee or mortgage servicer must notify the mortgagor of the request.

(b) The estoppel letter must at a minimum include:

1. The unpaid balance of the loan secured by the mortgage as of the date specified in the estoppel letter, including an itemization of the principal, interest, and any other charges comprising the unpaid balance; and

2. Interest accruing on a per-day basis for the unpaid balance from and after the date specified in the estoppel letter, if applicable.

(c)1. Except for mortgages for which a notice of lis pendens in a foreclosure action or a suggestion of bankruptcy has been properly filed and recorded, the mortgagee or mortgage servicer may not qualify, reserve the right to change, or condition or disclaim the reliance of others on the information provided in an estoppel letter under paragraph (b), and any attempt to do so is void and unenforceable. However, if the mortgagee or mortgage servicer determines that any of the information provided in the estoppel letter under paragraph (b) was inaccurate, the mortgagee or mortgage servicer may send a corrected estoppel letter to the person who requested the estoppel letter in the same manner as used to respond to the original written request. If the original written request is made by a person other than the mortgagor, the mortgagee or mortgage servicer must also provide a copy of any corrected estoppel letter to the mortgagor.

2. If the person who requested the original estoppel letter under paragraph (a) receives a corrected estoppel letter by 3 p.m. in such person’s time zone at least 1 business day before a payment is issued in reliance on the previous estoppel letter, the corrected estoppel letter supersedes all prior estoppel letters.

3. If any of the information provided in the estoppel letter under paragraph (b) was inaccurate, but the person who requested the estoppel letter did not timely receive a corrected estoppel letter as provided in subparagraph 2., the mortgagee or mortgage servicer may not deny the accuracy of such information as against any person who relied on it. This subparagraph does not affect the right of a mortgagee to recover any sum that it did not include in an estoppel letter from any person liable for payment of the loan or other obligations secured by the mortgage, nor does it limit any claim or defense to recovery which such person may have at law or in equity.

(d) The mortgagee or mortgage servicer acting in accordance with a request in substantial compliance with this subsection is expressly discharged from any obligation or liability to any person on account of the release of the requested information, other than the obligation to comply with the terms of the estoppel letter.

(e) If a payment is received at the location and in the manner specified by the mortgagee or mortgage servicer, the mortgagee or mortgage servicer must accept and may not return any payment received in reliance on an estoppel letter and must promptly apply such payment to the unpaid balance of the loan properly due under or secured by the mortgage.

(f)1. A written request for an estoppel letter under paragraph (a) must be sent to the mortgagee or mortgage servicer by first-class mail, postage prepaid; by common carrier delivery service; or by e-mail, facsimile, or other electronic means at the address made available by the mortgagee or mortgage servicer for such purpose or through an automated system provided by the mortgagee or mortgage servicer for requesting an estoppel letter. The written request is considered received by the mortgagee or mortgage servicer:

a. Five business days after the request sent by first-class mail is deposited with the United States Postal Service;

b. The day the request is delivered by a common carrier delivery service; or

c. The day the request is sent by e-mail, facsimile, or other electronic means or through an automated system provided by the mortgagee or mortgage servicer for requesting an estoppel letter.

If any of the days in sub-subparagraph a., sub-subparagraph b., or sub-subparagraph c. fall on a Saturday, Sunday, or holiday specified in s. 110.117(1) or the laws of the United States, the request for an estoppel letter is considered timely received by the mortgagee or mortgage servicer on the next business day.

2. The mortgagee or mortgage servicer must send an estoppel letter by first-class mail, postage prepaid; by common carrier delivery service; or by e-mail, facsimile, or other electronic means, as directed in the written request, or through an automated system provided by the mortgagee or mortgage servicer for this purpose. However, the mortgagee or mortgage servicer is not required to pay for a common carrier delivery service. If the 10-day period after a written request is received by the mortgagee or mortgage servicer ends on a Saturday, Sunday, or holiday specified in s. 110.117(1) or the laws of the United States, the estoppel letter is considered timely if it is sent by the close of business on the next business day.

(g) Notwithstanding s. 655.059, a mortgagee or mortgage servicer may provide the financial information required under this subsection to a person authorized under this subsection to request the financial information.

(2)(a) Within 60 days after the unpaid balance of a loan secured by a mortgage has been fully paid or paid pursuant to an estoppel letter under subsection (1), whichever is earlier, the mortgagee or mortgage servicer shall execute in writing an instrument acknowledging release of the mortgage; have the instrument acknowledged, or proven, and send it or cause it to be sent for recording in the official records of the proper county; and send or cause to be sent the recorded release to the mortgagor or record title owner of the property. The prevailing party in a civil action brought against the mortgagee or mortgage servicer to enforce the requirements of this paragraph is entitled to reasonable attorney fees and costs.

(b) The recorded release of the mortgage does not relieve the mortgagor, or the mortgagor’s successors or assigns, from any personal liability on the loan or other obligations previously secured by the mortgage.

(3) Within 60 days after the unpaid balance on a lien or judgment has been fully paid to the person entitled to the payment thereof, the creditor or assignee, or the attorney of record in the case of a judgment, to whom the payment was made shall execute in writing an instrument acknowledging satisfaction of the lien or judgment; have the instrument acknowledged, or proven, and send it or cause it to be sent for recording in the official records of the proper county; and send or cause to be sent the recorded satisfaction to the person who has made the full payment. The prevailing party in a civil action brought against the creditor or assignee, or the attorney of record in the case of a judgment, to enforce the requirements of this subsection is entitled to reasonable attorney fees and costs.

(4) When a writ of execution has been issued, docketed, and indexed with a sheriff and the judgment upon which it was issued has been fully paid, it is the responsibility of the person receiving payment to request, in writing, addressed to the sheriff, return of the writ of execution as fully satisfied.

History.—s. 1, ch. 4138, 1893; s. 1, ch. 4918, 1901; GS 2500; RGS 3843; CGL 5746; s. 1, ch. 80-17; s. 15, ch. 93-250; s. 12, ch. 94-170; s. 8, ch. 2007-44; s. 1, ch. 2012-49; s. 1, ch. 2023-135.

F.S. 701.04 on Google Scholar

F.S. 701.04 on CourtListener

Amendments to 701.04

Annotations, Discussions, Cases:

Cases Citing Statute 701.04

Total Results: 36

Blanton v. City of Pinellas Park

887 So. 2d 1224, 2004 WL 2359991

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 1515177

Cited 46 times | Published

because, prior to a judicial determination under section 701.04, there is no definitive "act, title transaction

Rissman v. Kilbourne

643 So. 2d 1136, 1994 WL 513542

District Court of Appeal of Florida | Filed: Sep 22, 1994 | Docket: 1744409

Cited 10 times | Published

1990, Request is hereby made, pursuant to Section 701.04, Florida Statutes, that First American Title

NACK HOLDINGS, LLC v. Kalb

13 So. 3d 92, 2009 Fla. App. LEXIS 5787, 2009 WL 1393324

District Court of Appeal of Florida | Filed: May 20, 2009 | Docket: 1187072

Cited 6 times | Published

legal principles that mandate a reversal here. Section 701.04, Florida Statutes Paragraph 5 of the loan agreement

JP Morgan Chase v. New Millennial, LC

6 So. 3d 681, 2009 Fla. App. LEXIS 2221, 2009 WL 691187

District Court of Appeal of Florida | Filed: Mar 18, 2009 | Docket: 1665528

Cited 5 times | Published

representatives followed the procedures set forth in section 701.04 by obtaining a computer printout furnished

BAUTISTA REO U.S., LLC v. ARR INVESTMENTS, INC.

229 So. 3d 362

District Court of Appeal of Florida | Filed: Jul 19, 2017 | Docket: 6122342

Cited 3 times | Published

against Bautista REO alleging: (1) violation of section 701.04(1), Florida Statutes (2016); (2) interference

Whitburn, LLC v. Wells Fargo Bank, N.A.

190 So. 3d 1087, 2015 Fla. App. LEXIS 18951, 2015 WL 9258474

District Court of Appeal of Florida | Filed: Dec 18, 2015 | Docket: 3022463

Cited 3 times | Published

provide an estoppel letter in accordance with section 701.04, Florida Statutes (2014), thus abrogating Whitburn’s

Feinstein v. New Bethel Missionary Baptist

938 So. 2d 562, 2006 Fla. App. LEXIS 14624, 2006 WL 2520665

District Court of Appeal of Florida | Filed: Sep 1, 2006 | Docket: 1673778

Cited 3 times | Published

was required by law to satisfy the judgment. See § 701.04(1), Fla. Stat. (2004)(requiring that a person

Olsen v. O'CONNELL

466 So. 2d 352, 10 Fla. L. Weekly 599

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 438766

Cited 3 times | Published

appellees entitled to recover attorney's fees under section 701.04, Florida Statutes (1983)? Appellants obtained

Olsen v. O'CONNELL

466 So. 2d 352, 10 Fla. L. Weekly 599

District Court of Appeal of Florida | Filed: Mar 6, 1985 | Docket: 438766

Cited 3 times | Published

appellees entitled to recover attorney's fees under section 701.04, Florida Statutes (1983)? Appellants obtained

ATLANTIC NAT. BK. OF FLA. v. Tworoger

448 So. 2d 616

District Court of Appeal of Florida | Filed: Apr 17, 1984 | Docket: 1523064

Cited 3 times | Published

awarded attorneys' fees to the appellees under Section 701.04, Florida Statutes (1983); on the cross-appeal

Kalb v. NACK HOLDING, LLC

79 So. 3d 175, 2012 Fla. App. LEXIS 1541, 2012 WL 385536

District Court of Appeal of Florida | Filed: Feb 8, 2012 | Docket: 2353565

Cited 2 times | Published

Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which requires timely

Eckert Realty Corp. v. Eckert

941 So. 2d 426, 2006 Fla. App. LEXIS 16925, 2006 WL 2872533

District Court of Appeal of Florida | Filed: Oct 11, 2006 | Docket: 64847724

Cited 2 times | Published

estoppel information to Edward pursuant to section 701.04, Florida Statutes. Edward’s obligation to make

UNITED NAT. BANK v. Tellam

644 So. 2d 97, 1994 WL 479132

District Court of Appeal of Florida | Filed: Sep 7, 1994 | Docket: 1248336

Cited 2 times | Published

mortgagee was obligated to satisfy the mortgage. See § 701.04, Fla. Stat. (1991). Affirmed. JORGENSON, J., concurs

Rudolph v. Unger

417 So. 2d 1095

District Court of Appeal of Florida | Filed: Aug 10, 1982 | Docket: 1384132

Cited 2 times | Published

mortgage. The mortgagor claimed fees pursuant to Section 701.04 of the Florida Statutes as amended in 1980

Shelton v. The Bank of New York Mellon

203 So. 3d 1003, 2016 Fla. App. LEXIS 16641

District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486972

Cited 1 times | Published

right of redemption. Mr. Shelton relies on section 701.04, Florida Statutes (2014): Cancellation

Spencer v. DIGIACOMO

62 So. 3d 1168, 2011 Fla. App. LEXIS 8082, 2011 WL 2135634

District Court of Appeal of Florida | Filed: Jun 1, 2011 | Docket: 514263

Cited 1 times | Published

plaintiff to record a satisfaction of judgment. See § 701.04(1), Fla. Stat. (2009) ("Within 60 days of the

The Florida Bar v. Walton

952 So. 2d 510, 31 Fla. L. Weekly Supp. 870, 2006 Fla. LEXIS 2875, 2006 WL 3627029

Supreme Court of Florida | Filed: Dec 14, 2006 | Docket: 1703530

Cited 1 times | Published

has abandoned it. [3] See § 701.04(1), Fla. Stat. (2005). [4] Section 701.04(1), Florida Statutes, provides

Six v. Henderson (In Re Six)

220 B.R. 479, 11 Fla. L. Weekly Fed. B 220, 1994 Bankr. LEXIS 2341, 1994 WL 931384

United States Bankruptcy Court, M.D. Florida | Filed: May 2, 1994 | Docket: 1783434

Cited 1 times | Published

of his position the Debtor relies on Fla.Stat. § 701.04 which provides, in pertinent part, as follows:

Atlantic National Bank v. Tworoger

554 So. 2d 565, 14 Fla. L. Weekly 2864, 1989 Fla. App. LEXIS 6971, 1989 WL 149579

District Court of Appeal of Florida | Filed: Dec 13, 1989 | Docket: 64647225

Cited 1 times | Published

attorney’s fees in the prior litigation pursuant to section 701.04, Florida Statutes, but that award was reversed

Dawson v. National Home Insurance

138 So. 2d 356, 1962 Fla. App. LEXIS 3409

District Court of Appeal of Florida | Filed: Mar 5, 1962 | Docket: 60201992

Cited 1 times | Published

have no interest therein. Florida has a statute (§ 701.04, Fla.Stat., F.S.A.) which deals with judgments

Safe Harbor Equity Distressed Debt Fund 3, L.P. v. 9775 Dixie LLC

District Court of Appeal of Florida | Filed: May 15, 2024 | Docket: 68307146

Published

4 letter as required by section 701.04 of the Florida Statues,1 (ii) quiet title in

2000 PRESIDENTIAL WAY LLC v. THE BANK OF NEW YORK MELLON, FIRST BANKS, INC., and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS

District Court of Appeal of Florida | Filed: Aug 4, 2021 | Docket: 60108426

Published

for value and that the defendants violated section 701.04, Florida Statutes, by failing to timely provide

Kraz, LLC v. Branch Banking & Trust Co. (In re Kraz, LLC)

570 B.R. 389, 27 Fla. L. Weekly Fed. B 33, 2017 Bankr. LEXIS 1066

United States Bankruptcy Court, M.D. Florida | Filed: Apr 18, 2017 | Docket: 65789874

Published

contract discloses a contrary intention.”115 Here, section 701.04, Florida Statutes, regulates estoppel letters

Esque Real Estate Hold. v. Ch Consulting

940 So. 2d 1185, 2006 WL 2818801

District Court of Appeal of Florida | Filed: Oct 4, 2006 | Docket: 1524081

Published

claimed C.H. Consulting, Ltd., in violation of section 701.04, Florida Statutes (2005),[1] failed to timely

Mortgage Electronic Registration Systems v. Mahler

928 So. 2d 470, 2006 Fla. App. LEXIS 6563, 2006 WL 1154818

District Court of Appeal of Florida | Filed: May 3, 2006 | Docket: 64844564

Published

foreclosure judgment pursuant to Florida Statutes section 701.04 and were not bona fide purchasers. MERS was

Washington Mutual Bank, F.A. v. Shelton

892 So. 2d 547, 2005 Fla. App. LEXIS 565, 2005 WL 156763

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 64835755

Published

contended that, pursuant to the authority in section 701.04, Florida Statutes (2002), they were the prevailing

Norwest Mortgage, Inc. v. King

789 So. 2d 1139, 2001 Fla. App. LEXIS 8783, 2001 WL 716843

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 64806905

Published

would be good only until January 14, 2000. Section 701.04(1), Florida Statutes, requires a mortgagee

Edrisi v. Sarnoff

715 So. 2d 1124, 1998 Fla. App. LEXIS 10783, 1998 WL 484570

District Court of Appeal of Florida | Filed: Aug 19, 1998 | Docket: 64782159

Published

paid. The Borrowers then moved, pursuant to section 701.04(1), Florida Statutes (1997),1 for an order

In Re Six

195 B.R. 791, 1996 WL 268094

United States Bankruptcy Court, M.D. Florida | Filed: Mar 19, 1996 | Docket: 1455181

Published

support of his Motion the Debtor relies on section 701.04, Florida Statutes (1994). The facts relevant

Autilio v. Bowden

636 So. 2d 182, 1994 Fla. App. LEXIS 3912, 1994 WL 157484

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 64748155

Published

Bowden to cancel a judgment lien pursuant to section 701.04, Florida Statutes (1991).1 *183Autilio’s one

Parke v. Gonzalez

606 So. 2d 705, 1992 Fla. App. LEXIS 10618, 1992 WL 279871

District Court of Appeal of Florida | Filed: Oct 13, 1992 | Docket: 64670854

Published

request for attorney’s fees and costs pursuant to Section 701.04, Florida Statutes (1991). We affirm the entry

Brundidge Banking Co. v. Pike County Agricultural Stabilization & Conservation Committee

899 F.2d 1154

Court of Appeals for the Eleventh Circuit | Filed: May 1, 1990 | Docket: 66252938

Published

Security Act of 1985, Pub.L. 99-198, tit. VII, § 701(4), 99 Stat. 1430 (1985).2 The district court permitted

Falk v. City of Miami Beach

538 So. 2d 956, 14 Fla. L. Weekly 513, 1989 Fla. App. LEXIS 784, 1989 WL 13079

District Court of Appeal of Florida | Filed: Feb 21, 1989 | Docket: 64640637

Published

unambiguous language,” nor that of Article 7, Section 701(4)(b) of the Metropolitan Dade County Home Rule

Lashinsky v. First Federal Savings & Loan Ass'n of Putnam County

434 So. 2d 38, 1983 Fla. App. LEXIS 20877

District Court of Appeal of Florida | Filed: Jul 7, 1983 | Docket: 64598112

Published

dismissing Lashinsky’s suit because we agree that section 701.04, Florida Statutes (1981), does not require

Ago

Florida Attorney General Reports | Filed: Aug 30, 1977 | Docket: 3255410

Published

satisfaction of a mortgage, lien or judgment. Section 701.04, F. S., provides: Whenever the amount

Dock & Marine Construction Corp. v. Parrino

211 So. 2d 57, 1968 Fla. App. LEXIS 5424, 1968 A.M.C. 1682

District Court of Appeal of Florida | Filed: May 28, 1968 | Docket: 64505590

Published

on the judgment or order assessing costs.” Section 701.04 Fla.Stat., F.S.A. provides that “whenever the