The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 701
ASSIGNMENT AND CANCELLATION OF MORTGAGES

View Entire Chapter

F.S. 701.04

¹701.04 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.

¹Note.—Section 4, ch. 2023-135, provides that “[t]his act applies to all mortgages, and all loans secured by such mortgages, existing as of, or entered into on or after, October 1, 2023.”

F.S. 701.04 on Google Scholar

F.S. 701.04 on Casetext

Amendments to 701.04

Arrestable Offenses / Crimes under Fla. Stat. 701.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 701.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BAUTISTA REO U. S. LLC, a v. ARR INVESTMENTS, INC. a, 229 So. 3d 362 (Fla. Dist. Ct. App. 2017)

. . . , ARR filed a verified four-count complaint against Bautista REO alleging: (1) violation of section 701.04 . . . temporary injunction enjoining Bautista REO from continuing to violate sections 687.04, 687.071, and 701.04 . . .

IN RE KRAZ, LLC, LLC, v., 570 B.R. 389 (Bankr. M.D. Fla. 2017)

. . . Here, section 701.04, Florida Statutes, regulates estoppel letters in the mortgage context. . . . Specifically, upon request by the mortgagee, section 701.04 requires a mortgagee to provide a mortgagor . . . Foundation Health, 932 So.2d 214 (Fla. 4th DCA 2005). . § 701.04, Fla. Stat. . § 701.04(1), Fla. . . .

SHELTON, v. BANK OF NEW YORK MELLON f k a a E. E. E. T. N. A., 203 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . Shelton relies on section 701.04, Florida Statutes (2014): Cancellation of mortgages, liens, and judgments . . . Moreover, the Bank’s alleged failure to comply with section 701.04 is not a basis to set aside the sale . . .

WHITBURN, LLC, v. WELLS FARGO BANK, N. A., 190 So. 3d 1087 (Fla. Dist. Ct. App. 2015)

. . . Whitburn' claimed that Wells Fargo failed to provide an estoppel letter in accordance with section 701.04 . . . status as record title owner of the property and alleging that Wells Fargo failed to comply with section 701.04 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 131 So. 3d 643 (Fla. 2013)

. . . changed to remove unnecessary language and to include the acknowledanent required bv sections 695.03 and 701.04 . . .

R. KALB v. NACK HOLDING, LLC,, 79 So. 3d 175 (Fla. Dist. Ct. App. 2012)

. . . Nack Holding prevailed in its claim that Kalb violated Section 701.04, Florida Statutes (2010), which . . . Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984) (stating “Section 701.04 is a statute in derogation of . . . Section 701.04 does not specify the mechanism by which the attorney’s fees are requested and awarded, . . .

SPENCER, v. DIGIACOMO, a, 62 So. 3d 1168 (Fla. Dist. Ct. App. 2011)

. . . See § 701.04(1), Fla. . . .

In REVISIONS TO SIMPLIFIED FORMS PURSUANT TO RULE A OF RULES REGULATING THE FLORIDA BAR, 50 So. 3d 503 (Fla. 2010)

. . . SOURCE: Section 55.141 and 701.04 Florida Statutes (40052007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES . . . SOURCE: Section 55.141 and 701.04 Florida Statutes (49952007) FORM NOTES ARE FOR INFORMATIONAL PURPOSES . . .

NACK HOLDINGS, LLC, v. KALB,, 13 So. 3d 92 (Fla. Dist. Ct. App. 2009)

. . . Section 701.04(1), Florida Statutes (2003), specifies that: Whenever the amount of money due on any mortgage . . . The intention to contravene a controlling Florida statute, section 701.04(1), will not be given effect . . .

JP MORGAN CHASE, v. NEW MILLENNIAL, LC W. No. No. a, 6 So. 3d 681 (Fla. Dist. Ct. App. 2009)

. . . case is inapplicable here because their representatives followed the procedures set forth in section 701.04 . . . We reject New Millennial and BB & T’s argument because the procedures outlined in section 701.04 were . . . Section 701.04 provides, in relevant part: Cancellation of mortgages, liens, and judgments.— (1) Within . . . written request for an estoppel letter related to the two recorded mortgages, as required by section 701.04 . . . ... duly entered, of record in the book provided by law for such, purposes in the proper county.” § 701.04 . . .

In KIRCHNER E. v. A. M. E. J. E., 372 B.R. 459 (Bank. W.D. Wis. 2007)

. . . . § 701.04(1) (2006). . . . based on fraud, undue influence, breach of confidential relationship or other appropriate grounds,” § 701.04 . . .

THE FLORIDA BAR, v. WALTON, Jr., 952 So. 2d 510 (Fla. 2006)

. . . See § 701.04(1), Fla. Stat. (2005). . . . . Section 701.04(1), Florida Statutes, provides in pertinent part (emphasis added): Whenever the amount . . .

ECKERT REALTY CORP. a EDE a v. ECKERT,, 941 So. 2d 426 (Fla. Dist. Ct. App. 2006)

. . . independent from Bernhard’s obligation to provide estoppel information to Edward pursuant to section 701.04 . . . Edward claimed attorney’s fees in this action pursuant to section 701.04. . . .

ESQUE REAL ESTATE HOLDINGS, INC. v. C. H. CONSULTING, LTD. C. H. B., 940 So. 2d 1185 (Fla. Dist. Ct. App. 2006)

. . . Consulting, Ltd., in violation of section 701.04, Florida Statutes (2005), failed to timely respond to . . . Section 701.04 provides in part: (1) Within 14 days after receipt of the written request of a mortgagor . . .

FEINSTEIN, v. NEW BETHEL MISSIONARY BAPTIST,, 938 So. 2d 562 (Fla. Dist. Ct. App. 2006)

. . . See § 701.04(1), Fla. . . .

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, v. MAHLER,, 928 So. 2d 470 (Fla. Dist. Ct. App. 2006)

. . . because the Daleys failed to satisfy the foreclosure judgment pursuant to Florida Statutes section 701.04 . . . On appeal, MERS argues that section 55.141 is inapplicable to foreclosure judgments and that section 701.04 . . . In contrast, section 701.04 directs the mortgagor to request in writing the amount of the unpaid principal . . . requested payoff information, there was no evidence they made a written request in accordance with section 701.04 . . .

WASHINGTON MUTUAL BANK, F. A. v. SHELTON, 892 So. 2d 547 (Fla. Dist. Ct. App. 2005)

. . . They contended that, pursuant to the authority in section 701.04, Florida Statutes (2002), they were . . . In the Sheltons’ motion for costs and fees, they pleaded only the applicability of section 701.04. . . . We find that section 701.04 does not provide authority for the award of costs and attorney’s fees in . . . This rule of strict construction has been specifically applied to section 701.04. See Atl. . . . Under such strict construction, section 701.04 would apply only to the mortgagor, in this case Ms. . . .

H. BLANTON, v. CITY OF PINELLAS PARK,, 887 So. 2d 1224 (Fla. 2004)

. . . The difficulty arises because, prior to a judicial determination under section 701.04, there is no definitive . . .

FLORIDA CONFERENCE ASSOCIATION OF SEVENTH- DAY ADVENTISTS v. N. KYRIAKIDES,, 151 F. Supp. 2d 1223 (C.D. Cal. 2001)

. . . Moore et al., Moore’s Federal Practice § 701.04[1] (3d ed.1997). . . . Moore et ah, Moore’s Federal Practice § 701.04[3]. . . .

NORWEST MORTGAGE, INC. v. KING a k a L., 789 So. 2d 1139 (Fla. Dist. Ct. App. 2001)

. . . Section 701.04(1), Florida Statutes, requires a mortgagee to execute and record a satisfaction of the . . .

In PARMETEX, INC. d b a v. Jr. a k a Sr., 199 F.3d 1029 (9th Cir. 1999)

. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .

In PARMETEX, INC. d b a v. Jr. a k a Sr., 199 F.3d 1029 (9th Cir. 1999)

. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .

EDRISI v. SARNOFF,, 715 So. 2d 1124 (Fla. Dist. Ct. App. 1998)

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

In R. STOFFREGEN, G. SWANSON, v. B. STOFFREGEN B., 206 B.R. 939 (Bankr. E.D. Wis. 1997)

. . . Wisconsin Statute § 701.04 provides that “if title to property is transferred to one person and all or . . . The bankruptcy court noted that § 701.04(1), Wis.Stat., has abolished purchase money resulting trusts . . .

In R. SIX,, 195 B.R. 791 (Bankr. M.D. Fla. 1996)

. . . In support of his Motion the Debtor relies on section 701.04, Florida Statutes (1994). . . . In the present matter under consideration, the Debtor contends that section 701.04 of the Florida Statutes . . . Section 701.04 is not applicable to the case at hand because the Debtor did not make a voluntary payment . . . Tworoger, 448 So.2d 616, 617 (Fla. 3d DCA 1984), the Court of Appeal held that under section 701.04, . . . The Court noted that the operation of section 701.04 is confined to civil actions “brought by a person . . .

RISSMAN, RISSMAN INVESTMENT COMPANY, a a v. R. KILBOURNE, M. L. a, 643 So. 2d 1136 (Fla. Dist. Ct. App. 1994)

. . . Darin, Jr.’s letter of June 20, 1990, Request is hereby made, pursuant to Section 701.04, Florida Statutes . . .

UNITED NATIONAL BANK, v. S. TELLAM, III, D., 644 So. 2d 97 (Fla. Dist. Ct. App. 1994)

. . . See § 701.04, Fla.Stat. (1991). Affirmed. JORGENSON, J., concurs. . . .

In SAHUARO PETROLEUM ASPHALT COMPANY, CLARK OIL AND TRADING COMPANY, v. R. HABERBUSH,, 170 B.R. 689 (C.D. Cal. 1994)

. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .

In R. SIX, R. SIX, v. HENDERSON, OB GYN L. C. f k a, 220 B.R. 479 (Bankr. M.D. Fla. 1994)

. . . . § 701.04 which provides, in pertinent part, as follows: Whenever the amount of money due on any mortgage . . .

AUTILIO, v. J. BOWDEN,, 636 So. 2d 182 (Fla. Dist. Ct. App. 1994)

. . . party in an action initiated by Autilio against Bowden to cancel a judgment lien pursuant to section 701.04 . . . The parties filed motions for attorney’s fees pursuant to section 701.04, and it then became the trial . . . Second, if, before invoking section 701.04, Autilio had initiated an action for an accounting or a declaratory . . . On appeal both parties seek an award of fees pursuant to section 701.04. . . . Section 701.04, Florida Statutes (1991) provides: Cancellation of mortgages, liens, and judgments. — . . .

F. BRYANT, v. NORTHEAST ILLINOIS REGIONAL COMMUTER RAILROAD CORPORATION d b a METRA, 809 F. Supp. 584 (N.D. Ill. 1992)

. . . III.Rev.Stat. ch. 1112/3, ¶¶ 702.20 (99, 701.04). . . .

PARKE, v. GONZALEZ, 606 So. 2d 705 (Fla. Dist. Ct. App. 1992)

. . . The trial court also granted the Gonzalezes request for attorney’s fees and costs pursuant to Section 701.04 . . . Section 701.04, Florida Statutes (1991), authorizes the awarding of attorney’s fees and costs whenever . . . Section 701.04 also provides that “[wjithin 60 days of the date of receipt of the full payment of the . . . Tworoger, 448 So.2d 616 (Fla. 3d DCA 1984) (section 701.04 confined to actions brought by parties who . . .

MALDONADO, v. METRA,, 743 F. Supp. 563 (N.D. Ill. 1990)

. . . Stat. 111/3, ¶ 701.04; Will, 109 S.Ct. at 2311. . . . .

ATLANTIC NATIONAL BANK, a v. F. TWOROGER P. A. a, 554 So. 2d 565 (Fla. Dist. Ct. App. 1989)

. . . that the trial court did award appellees attorney’s fees in the prior litigation pursuant to section 701.04 . . . attorney’s fees therein by appel-lees was not based upon any contractual right, but rather on section 701.04 . . . essentially held that appel-lees never had a cause of action to recover attorney’s fees pursuant to section 701.04 . . . it appears clear that, since appellees never had any claim for attorney’s fees pursuant to section 701.04 . . .

In METRO SHIPPERS, INC. R. VARALLI, v. PTL INTERMODAL,, 95 B.R. 366 (Bankr. E.D. Pa. 1989)

. . . necessary until the duly elected trustee or designated trustee is qualified. 4 Collier on Bankruptcy ¶ 701.04 . . .

In B. POAGE,, 92 B.R. 659 (Bankr. N.D. Tex. 1988)

. . . s claim for voting purposes since he is the representative of the estate, 4 Collier on Bankruptcy § 701.04 . . .

UNITED STATES v. P. MARX a k a D, MARX, 844 F.2d 1303 (7th Cir. 1988)

. . . . § 701.04. . . .

In KUCHAREK, L. CASTELLANI, v. C. KOHNE,, 79 B.R. 393 (Bankr. E.D. Wis. 1987)

. . . However, he fails to realize that § 701.04(1) Wis.Stat. effectively abolishes purchase money resulting . . . such obligation was incurred, or became insolvent as a result of such transfer or obligation; ... . 701.04 . . .

In DELTA SERVICES INDUSTRIES, ETC. FOSTER SECURITIES, INC. v. W. SANDOZ,, 782 F.2d 1267 (5th Cir. 1986)

. . . with little involvement in the more complex transactions of a liquidation case.” 4 Collier, supra, II 701.04 . . .

In DELTA SERVICES INDUSTRIES, ETC. FOSTER SECURITIES, INC. v. W. SANDOZ,, 782 F.2d 1267 (5th Cir. 1986)

. . . with little involvement in the more complex transactions of a liquidation case.” 4 Collier, supra, II 701.04 . . .

In CARLA LEATHER, INC. DRUKER, v. M. GREEN, H., 50 B.R. 764 (S.D.N.Y. 1985)

. . . must comply with the same rules and regulations as a permanent trustee.” 4 Collier on Bankruptcy ¶ 701.04 . . .

K. OLSEN H. v. V. O CONNELL, J. O R., 466 So. 2d 352 (Fla. Dist. Ct. App. 1985)

. . . Attorney’s fees were also awarded to appellees pursuant to section 701.04. . . . Finally, we address the award of attorney’s fees to appellees under section 701.04. . . . Therefore, section 701.04 is not applicable as this was a negotiated release of judgment rather than . . .

ATLANTIC NATIONAL BANK OF FLORIDA, a v. TWOROGER, M. F. P. A. J W a M. A., 448 So. 2d 616 (Fla. Dist. Ct. App. 1984)

. . . portion of the order and final judgment which awarded attorneys’ fees to the appellees under Section 701.04 . . . Section 701.04 is a statute in derogation of the common law and must be strictly construed. . . . It has, accordingly, been held that the attorneys’ fees provision of Section 701.04 which became effective . . . In our view, “a civil action arising out of the provisions” of Section 701.04, the express predicate . . . The statute provides: "701.04 Cancellation of mortgages, liens, and judgments. — Whenever the amount . . .

C. LASHINSKY, v. FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF PUTNAM COUNTY, a, 434 So. 2d 38 (Fla. Dist. Ct. App. 1983)

. . . We affirm the action of the trial court dismissing Lashinsky’s suit because we agree that section 701.04 . . .

In A. STEELE L. E. KEPLER, v. C. STEELE, A., 27 B.R. 474 (Bank. W.D. Wis. 1983)

. . . . § 701.04(1): If title to property is transferred to one person and all or part of the purchase price . . .

In KILLIAN CONSTRUCTION CO. INC. L. D. FITZGERALD, v. H. BERTRAM, A. L. D. FITZGERALD, v. G. DIEHL D., 24 B.R. 848 (Bankr. D. Idaho 1982)

. . . See also ¶ 701.04. . . .

S. J. RUDOLPH, v. R. UNGER, 417 So. 2d 1095 (Fla. Dist. Ct. App. 1982)

. . . The mortgagor claimed fees pursuant to Section 701.04 of the Florida Statutes as amended in 1980. . . . Affirmed. . 701.04 Cancellation of mortgages, liens, and judgments. . . .

HARTMANN, v. UNITED STATES v. E. HARTMANN,, 79 F.R.D. 705 (E.D. Wis. 1978)

. . . . § 701.04(2) (West 1978), a creditor can enforce a resulting trust against property for which the debtor . . .

O. WINDLE, P. P. v. SEBOLD, 241 So. 2d 165 (Fla. Dist. Ct. App. 1970)

. . . Sections 28.22, 701.04 and 695.03, F.S.1967, F.S.A. . . .

DOCK MARINE CONSTRUCTION CORPORATION, a v. D. PARRINO I., 211 So. 2d 57 (Fla. Dist. Ct. App. 1968)

. . . Section 701.04 Fla.Stat., F.S.A. provides that “whenever the amount of money due on any mortgage, lien . . .

J. W. DAWSON, a k a W. v. NATIONAL HOME INSURANCE COMPANY, a, 138 So. 2d 356 (Fla. Dist. Ct. App. 1962)

. . . Florida has a statute (§ 701.04, Fla.Stat., F.S.A.) which deals with judgments, mortgages and liens paid . . .

H. A. LEVANNE COMPANY, v. KATZ, G. a a, 156 F. Supp. 636 (D. Md. 1957)

. . . Defendants’ counsel stipulated $16,-701.04 in checks from Bernard to Helen was deposited in Helen’s special . . .