Florida/Georgia Personal Injury & Workers Compensation

...and "a law action on debt”); Adams v. Citizens Bank of Brevard, 248 So.2d 682, 684 (Fla. 4th Dist.Ct.App.1971) ("Foreclosure is a traditional equitable remedy over which the law side of the court has no jurisdiction.”). 11 . See, e.g., Fla.Stat. § 702.06 (authorizing entry of deficiency decree in foreclosure proceeding)....

...diction to adjudicate the deficiency. The trial court, however, rejected Garcia’s argument and entered the final default judgment in favor of Dyck-O’Neal. Garcia appeals this decision and the final default judgment. II. Analysis Section 702.06 of the Florida Statutes provides the authority for affirming the trial court’s final judgment....

...foreclosure action, is an owner-occupied residential property. The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla. Stat. (2014) (emphasis added).2 Notwithstanding the clear and unambiguous language of section 702.06, Garcia argues that First Federal Savings and Loan Ass’n of Broward County....

...State v. Hackley, 95 So. 3d 92, 93 (Fla. 2012) (“The first place we look when construing a statute is to its plain language – if the meaning of the statute is clear and unambiguous, we look no further.”). We need look no further than the plain language of section 702.06.6 The dicta in First Federal Savings and Compass Bank does not carry the weight of authority of section 702.06 as it is now constituted. The remedial nature of the 2013 amendment to section 702.06 militates against our further interpreting an inconsistent body of case law. III....

...struggle with the issue in this case. According to the statute, unless the foreclosure 6 It bears noting that the Court in Compass Bank, again in dicta, allows its gaze to drift beyond the plain wording of the statute: “While we agree that the plain language of . . . section 702.06 supports an argument that a party may file an action at law to recover a deficiency so long as a trial court has not actually ruled upon a request for a deficiency judgment in the foreclosure case, cases such as Belle Mead and First Federal Savings suggest otherwise.” 164 So....

...1406, 131 So. 407 (Fla. 1930), a second suit at law for a deficiency was permitted even though a request for a deficiency had been denied in an earlier foreclosure action. These holdings appear to be based upon the same statutory provisions now contained in section 702.06, Florida Statutes (1989), which provide: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judic...

...nt of foreclosure for future determination. [15] Our task on review, and no doubt the task of the trial judge, has been complicated by virtue of the order and type of pleadings by which the issues in the trial court were framed. [16] See, however, F.S. 702.06....

...Escambia County Employees Credit Union, 488 So.2d 879 (Fla. 1st DCA 1986). [2] While it is possible to include the deficiency claim in the foreclosure action, and in this case the trial court's final judgment of foreclosure specifically retained and reserved jurisdiction to enter deficiency judgments, section 702.06, Florida Statutes, allows the claimant to bring a separate action at common law to recover the deficiency....

...Carey, Miami, for appellees. PER CURIAM. This appeal is from that portion of an order entered in a suit to foreclose a chattel mortgage, denying plaintiff a deficiency decree for the amount remaining due and owing to him after foreclosure sale. Under the provisions of Section 702.06, Florida Statutes 1949, F.S.A., the entry of a deficiency decree "for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court"....

...y because of the uncertainty in determining its location, especially when a servient estate is subdivided. However, it is apparent that H & F's predecessors had access to all the information that must be contained in a recorded notice as required by section 702.06....

...gagor, Flagship State Bank, in the amount of $99,729.40, plus any subsequently accrued interest and appropriate costs to be determined by the trial court. REVERSED and REMANDED. ORFINGER, J., and CLARK, HAROLD, R., Associate Judge, concur. NOTES [1] § 702.06, Fla....

...king the equivalent of a deficiency judgment inasmuch as they were entitled by the default of the lease to retake the mortgaged premises and the improvements thereon. In this situation, principles of equity — as well as the rule established by F.S. Section 702.06, F.S.A....

...Dekle, 88 Fla. 285, 102 So. 252; Clements v. Leonard, supra. A like situation prevails in suits for foreclosure of mortgages, where authority to grant deficiency decrees "within the sound judicial discretion of the court," is provided for by statute, Section 702.06, Fla....

...aw of this state by operation of statute. 8 We have found no Florida statute, and none has been called to our attention, that would prevent a mortgagee from pursuing legal and equitable remedies at the same time. The statute concerning deficiencies, section 702.06, Florida Statutes (2008), is more limited in nature than the statutes in the minority of states. Although the reporters of the Restatement seem to believe that section 702.06 is something of a one-action rule, see Restatement (Third) of Property (Mortgages) § 8.2 cmt. b (1997), neither its language nor its history or purpose support that reading. Section 702.06 binds a plaintiff to a deficiency decree once the plaintiff sets the deficiency process in motion, but expressly provides that “the complainant shall also have the right to sue at common law to recover such deficiency,” except agai...

...nd only if the trial courts do not adjudicate the merits of a deficiency will PNC be able *932 to bring separate law actions on the foreclosure judgments for the deficiency. With regard to the statute’s history, the legislature enacted what is now section 702.06, which took the place of an old equity rule of like effect, to grant a court the power to enter deficiency decrees; “[b]efore the adoption of [the equity rule] in 1873 ... no deficiency was authorized in equity courts, and the only remedy for a balance due was a suit at law.” 10 See Letchworth v. Koon, 99 Fla. 451 , 127 So. 321, 322 (1930). Section 702.06’s grant of such power was designed to “relieve the parties from the expense and vexation of two suits, one equitable and one legal,” and to allow “the whole controversy [to] be adjusted in one suit.” Edwards, 130 So....

...The first mortgagees' claim was $29,074.17 as of July 1, 1979 plus interest, costs and attorneys' fees. The second mortgage has an unpaid balance of $5,000.00 and interest since July 31, 1979. Under the policy of the Florida courts as enunciated in Florida Statutes, § 702.06, and the cases thereunder, it is likely that no deficiency would be entered against the debtors upon foreclosure even as to the second mortgage since it was a purchase money mortgage and the value, (regardless of the amount bid at foreclosure sale,) exceeds the amount of the indebtedness....

...As such, it is an action at law. Even though the mortgage had been foreclosed in the action filed by the RTC, NEI still had a right to maintain an action at law on the note as long as a deficiency judgment had not been entered in the RTC litigation. Section 702.06, Florida Statutes (2005) states as follows: Deficiency decree; common-law suit to recover deficiency.—In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a...

...ginal mortgagor in cases where the mortgage is for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor. § 702.06, Fla....

...should have been denied because of the wrongful garnishment and because the parties were contesting over certain income from the herd in another suit. The discretion to grant deficiency decrees in mortgage foreclosure suits, provided for by statute (§ 702.06, Fla....

...dgment—as is certainly the case when a nominal bid prevails—the creditor can generally seek a deficiency judgment to recover the balance of the debt. 5 Herbert Thorndike Tiffany, The Law of Real Property § 1529 (3d ed.); see, e.g., Fla Stat. § 702.06 (2014) (“In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court ....

...This leads us to a consideration of limitations on the discretionary power of the chancellor with respect to denial of deficiency decrees. In Galloway v. Musgrave, Fla.App. 1963, 154 So.2d 846, 851, this court said: "The discretion to grant deficiency decrees in mortgage foreclosure suits, provided for by statute (§ 702.06, Fla....

...The order appealed accordingly is reversed with directions to enter a deficiency decree for the plaintiff agreeable with the views herein expressed. Reversed with directions. ALLEN, Acting C.J., and WILLIS, ROBERT E., Associate Judge, concur. NOTES [1] Fla. Stat. § 702.06, F.S.A., states: "In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court * * *" [2] Fla....

...ure proceeding. Despite the apparent finality of a judgment of foreclosure, especially after the sale and confirmation of sale of the property foreclosed upon, the law contemplates a continuance of the proceedings for entry of a deficiency judgment. Section 702.06, Florida Statutes (1987), the statutory section under which the appellee/bank asserted its motion for deficiency provides in pertinent part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a...

...ficiency judgment" as a "means of avoiding the expense and inconvenience of an additional suit at law to obtain the balance of the obligation owed by a debtor," Timmers v. Harbor Fed. Sav. & Loan Ass'n, 548 So.2d 282, 283 (Fla. 1st DCA 1989) (citing section 702.06, Florida Statutes (1987) and Waybright v....

...ue thereof, is analogous to the question of the jurisdiction and power of a court to enter a deficiency decree in a mortgage foreclosure action where only constructive service of process was obtained upon the maker of the note and mortgage. Although § 702.06, Florida Statutes, F.S.A., in effect states that in all suits for the foreclosure of mortgages the entry of a deficiency decree shall be within the sound judicial discretion of the court, such a statute may not be applied except where the court had personal jurisdiction over the person of the maker....

...r interest in real or personal property within the jurisdiction of the court... . Once a final judgment of foreclosure is obtained, and a sale of the property results in a deficiency, the plaintiff may request the court to enter a deficiency decree. Section 702.06, Florida Statutes (1983)....

...a subsequent action. It is obvious that the doctrine of res judicata cannot apply where there is one continuing action. [1] The court in Horne explicitly noted that "No deficiency judgment was ever entered in the foreclosure case." 368 So.2d at 393. Section 702.06, Florida Statutes, authorizes entry of a deficiency decree, should a deficiency exist, in all suits for the foreclosure of mortgages....

...ons. It is ancillary to, and an integral part of, the foreclosure action itself. Cragin v. Ocean & Lake Realty Co., 101 Fla. 1324, 133 So. 569, aff'd on rehearing, 101 Fla. 1337, 135 So. 795 (1931); Edwards v. Meyer, 100 Fla. 235, 130 So. 57 (1930); § 702.06, Fla....

...hat once the court in the foreclosure action refused to exercise its exclusive jurisdiction to determine the deficiency, the rule enunciated in First Federal Savings & Loan Assoc. would not bar the maintenance of the independent action sanctioned by Section 702.06, Florida Statutes....

...The question presented is whether the complaint stated a cause of action. We hold that it did, and that it was error to dismiss the cause. The contention of want of jurisdiction was without merit. A right of action at law for a deficiency resulting from a mortgage foreclosure sale is expressly conferred by statute. § 702.06, Fla....

...sion of the initial sale. If the original seller/lender suffered any deficiency, as he claims he did, he should not have released the subsequent purchaser, who assumed the note, from liability thereunder. Alternatively, he could have proceeded under section 702.06, Florida Statutes (1987) after establishing his deficiency....

...The court valued the property at $1 million based upon its finding that at least nine and perhaps sixteen units could be built on the property. Consequently, the court denied the FDIC's motion for a deficiency judgment. The entry of a deficiency decree shall be within the sound judicial discretion of the court. § 702.06, Fla....

...A copy of the assignment of the judgment was attached to the complaint, along with the final judgment. The final judgment of foreclosure provides that the circuit court retained jurisdiction to enter deficiency judgments. DONI initiated its action pursuant to section 702.06, Florida Statutes (2014). Mr....

...purposes of deficiency judgment). Moreover, although not argued by DONI, it is apparent that Mr. Aluia's motion was also correctly denied based on the retention of jurisdiction in the final judgment of foreclosure. Florida's deficiency decree statute, section 702.06 "binds a plaintiff [in a mortgage foreclosure action] to a deficiency decree once the plaintiff sets the deficiency process in motion, but expressly provides that 'the complainant shall also have the right to sue at common law to recover such deficiency,' " except in one limited circumstance. Royal Palm Corp. Ctr. Ass'n, Ltd. v. PNC Bank, NA, 89 So. 3d 923, 931 (Fla. 4th DCA 2012) (quoting § 702.06, Fla....

...the final judgment entered in a foreclosure action in the state where the real property at issue is located. See Royal Palm, 89 So. 3d at 932 (stating that a plaintiff may bring a "separate law action[] on the foreclosure judgment[] for the deficiency" (emphasis added)); see also § 702.06....

...A deficiency judgment is calculated by subtracting the fair market value of the property, as determined by the court, from the amount of the final otherwise factually distinguishable. And "[a]lthough the reporters of the Restatement seem to believe that section 702.06 is something of a one-action rule, see Restatement (Third) of Property (Mortgages) § 8.2 cmt....

...amended final money judgment for $185,000 plus interest, prompting this appeal. 1 The trial court was correct that the fair market value is one consideration in determining whether a deficiency decree should be entered. However, the court cited to section 702.06, Florida Statutes (2018), which governs mortgage foreclosures....

...inequity. By executing on a promissory note and then setting- off the amount recovered at foreclosure, Premier avoids a hearing on the amount of deficiency between the foreclosure sale amount and the judgment amount pursuant to section 702.06, Florida Statutes. Century Group, Inc....

...However, we agree with Equitable that although there is no authorizing court rule, under the particular provisions of this contract and the circumstances of this case, the contract is one of those instruments deemed a mortgage under section 697.01, Florida Statutes (1983), subject to the same rules of foreclosure, and that section 702.06, Florida Statutes (1983), applies to authorize entry of a deficiency judgment in this case....

...original loan instruments as defined by state law. Nobelman, 508 U.S. at 329–30. 9 Under Florida law (the law governing the Credit Union’s mortgage), the Credit Union has the right to seek a deficiency judgment against Debtor. See Fla. Stat. § 702.06; see also Royal Palm Corp....

...The limitations period shall commence on the day after the certificate is issued by the clerk of court or the day after the mortgagee accepts a deed in lieu of foreclosure. § 95.11(5)(h), Fla. Stat. (2015). The Grants’ argument reads the foregoing statute in pari materia with section 702.06, Florida Statutes (2015), which provides that “[i]n all suits for the foreclosure of mortgages,” the trial court, in its discretion, may enter a deficiency decree....

...not demonstrate a clear intent to exclude actions that would otherwise fall squarely within the plain language of this section. . . . In the case of a short sale, the lender’s right to pursue a deficiency judgment accrues once the sale has occurred. See § 702.06, Fla....

...1976) (“The Legislature must be assumed to know the meaning of words and to have expressed its intent by the use of the words found in 8 the statute.”). Reading section 95.11(5)(h) in pari materia with section 702.06 is therefore unwarranted, since this case does not involve a suit in foreclosure. For these reasons, we hold that the five-year statute of limitations period in section 95.11(2)(b) applies to Whitney Bank’s cause of action....

...The cases appellants cite 4 do not require the holding of an evidentiary hearing on a deficiency motion following a foreclosure. Florida law permits a court in a foreclosure action to enter a deficiency decree in its “sound judicial discretion.” Fla.Stat.Ann. § 702.06 (West 1976)....

...The exercise of that discretion will not be disturbed absent abuse. Community Bank of Homestead v. Valois, 1990 WL 49845 (Fla.Dist.Ct.App. April 24, 1990); Semler v. Citicorp Sav., 541 So.2d 1369, 1369 (Fla.Dist.Ct.App.1989). Rather than compelling an additional, lengthy procedure, the rationale behind section 702.06 has been described as “being a means of avoiding the expense and inconvenience of an additional suit at law to obtain the balance of the obligation owed by a debtor.” Timmers v....

...[2] The complaint mistakenly identified her as Maria "Aruelo." Subsequent pleadings and the orders under review used the correct last name. [3] Ms. Arvelo's affirmative defenses alleged that this was the date of default, and Park Finance's reply and summary judgment papers did not controvert the allegation. [4] § 702.06, Fla....

...There was competent substantial evidence in the record to sustain his judgment. The right to enter a deficiency decree for any portion of a deficiency in a mortgage foreclosure action, is within the sound judicial discretion of the court. Larsen v. Allocca, Fla.App.1966, 187 So.2d 903 ; Section 702.06, Florida Statutes, F....

...ency judgment. A foreclosure sale was conducted in June 2012, and the lender purchased the property for $91,200. In March 2013, in the same underlying foreclosure action, the lender filed a motion for deficiency judgment pursuant to section 702.06, Florida Statutes (2012), claiming that the "fair market value of the [m]ortgaged property on the date of the foreclosure sale was less than the total indebtedness owed to [the lender] under the [f]oreclosure judgment." The parties...

...s." L.A.D. Prop. Ventures, Inc. v. First Bank, 19 So. 3d 1126, 1127 (Fla. 2d DCA 2009) (quoting Commercial Bank of Ocala v. First Nat'l Bank of Gainesville, 87 So. 315, 316 (Fla. 1920)). The lender in this case filed a motion for deficiency under section 702.06, which authorizes a trial court to enter a deficiency decree "[i]n all suits for the foreclosure of mortgages." Thus, while a judgment of foreclosure is a final order, " 'the law contemplates a continuance of the proceedings for ent...

...Needle, 596 So. 2d 1134, 1134 (Fla. 4th DCA 1992))); Chrestensen v. Eurogest, Inc., 906 So. 2d 343, 345 (Fla. 4th DCA 2005) ("[T]here can be no action for a deficiency where there has been no foreclosure judgment and sale."). We note that section 702.06 provides in relevant part that a party "shall also have the right to sue at common law to recover [a] deficiency." The lender in this case filed a motion for deficiency—and obtained a determination of deficiency—in the same underlying foreclosure suit....

...By executing on a promissory note and then setting-off the amount recovered at foreclosure, Premier avoids a hearing on the amount of deficiency between the foreclosure sale amount and the judgment amount pursuant to section 702.06, Florida Statutes. Id.; see also Flagship Bank v....

...There, the borrower appealed the denial of his Rule 1.640 motion for relief from judgment on the ground that the trial court lacked jurisdiction to consider the deficiency action because the final judgment of foreclosure included an express reservation of jurisdiction to enter a deficiency judgment. This court held that section 702.06, Florida Statutes, “is unambiguous,” and “the foreclosure judgment’s reservation of jurisdiction does not preclude a separate suit to recover the deficiency where the foreclosure court has not' granted or denied a claim for a deficiency judgment.” Id....

...at 316 , or, in other words, the balance of the original obligation, which in this case was a “debt” for purposes of the FDCPA and the FCCPA. The Florida Legislature has long provided that lenders may seek deficiency relief either through mortgage foreclosure suits or subsequent suits at law. See Fla. Stat. § 702.06 . Section 702.06 provides in relevant part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the c...

..., for equitable considerations which the chancellor deemed sufficient. The denial of a deficiency decree in the foreclosure suit on that basis required the court to grant judgment for the defendant in the later action at law for such deficiency. See § 702.06, Fla.Stat, F.S.A.; Provost v....

...2007) (“The difference is that a certification of conflict provides us with jurisdiction per se.”). It is a small ask because the majority explicitly rejects the Third District’s decision in Garcia, which began the unbroken string of district courts (save for ours) that have upheld the clear language of section 702.06, Florida Statutes. The drum beat has gone on. The Fifth District recently held that the “plain language” of section 702.06 permitted the company to pursue the “deficiency judgment in a separate action, as opposed to reopening the original foreclosure proceeding[.]” Dyck-O’Neal, Inc....

...decision in this case. Dyck-O’Neal, Inc. v. Hendrick, 41 Fla. L. Weekly D1551b (Fla. 5th DCA July 1, 2016); Dyck-O’Neal, Inc. v. Beckett, 41 Fla. L. Weekly D1551a (Fla. 5th DCA July 1, 2016). And the Second District recently characterized section 702.06 as allowing the “filing of the statutorily permitted independent action to pursue the deficiency” at issue in that case, Aluia v....

...statute that allows pursuit of an independent deficiency action. Gdovin v. Dyck- O’Neal, Inc., 41 Fla. L. Weekly D1839b (Fla. 2d DCA Aug. 10, 2016). Indeed, even our court has allowed an independently filed complaint for a deficiency judgment under section 702.06 to proceed....

chancery, unless otherwise provided by statute.” § 702.06, Florida Statutes (1975), provides that: “In all

...orted by established equitable principles as applied to the facts of the case, and the exercise of which is subject to review on appeal. Vantium Capital, 137 So. 3d at 499 (internal citations and quotation marks omitted); see also § 702.06, Fla....

...prior case reserved jurisdiction to consider entering a deficiency judgment. We agree with Garcia v. Dyck-O’Neal, Inc., 178 So. 3d 433 (Fla. 3d DCA 2015), and Dyck-O’Neal, Inc. v. Weinberg, 41 Fla. L. Weekly D329 (Fla. 3d DCA Feb. 3, 2016), that section 702.06, Florida Statutes, is unambiguous: “The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment.” The...

...This argument presents an issue of law that is reviewable de novo. Fla. Ins. Guar. Ass’n, Inc. v. Bernard, 140 So. 3d 1023, 1027 (Fla. 1st DCA 2014) (noting that an issue of law is reviewable de novo). 4  Prior to June 7, 2013, section 702.06, Florida Statutes, which is entitled “Deficiency decree; common-law suit to recover deficiency,” provided: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency d...

...s for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor. 1 (Emphasis added). Section 702.06 was amended in 2013 to read: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within th...

...The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. See Ch. 13-137, § 5, Laws of Fla. (Emphasis added).2 1 The language of section 702.06 was first included in section 5751 of the 1927 Compiled General Laws and was amended in 1929. 2 With respect to the foreclosure amendments of 2013, the Legislature set forth: 5  In addressing Appellant’s argument, a review of the case law construing section 702.06 is instructive....

...It concluded that the Fourth District’s decision was sound and did not disrupt the law that “appears firmly established.” Id. In support of its argument on appeal that its action at law was permissible, Appellee relies not only on Reid but also upon the plain language of section 702.06, both before and after the 2013 amendment. While we agree that the plain language of both versions of section 702.06 supports an argument that a party may file an action at law to recover a deficiency so long as a trial court has not actually ruled upon a request for a deficiency judgment in the foreclosure case, cases such as Belle Mead and First Federal Savings suggest otherwise....

...not exercise its jurisdiction to consider the merits of a deficiency judgment, the plaintiff may file an action on the promissory note or guaranty to recover the remaining indebtedness”); De Las Cuevas v. Nat’l Enters. Inc., 927 So. 2d 41, 44- 45 (Fla. 3d DCA 2006) (noting that section 702.06 has been interpreted to allow a post-foreclosure action to recover the balance due on a note where the court in the foreclosure action did not adjudicate the issue of a deficiency); Chrestensen v. Eurogest, Inc., 906 So....

...2d 343, 345 n.2 (Fla. 4th DCA 2005) (“While it is possible to include the deficiency claim in the foreclosure action, and in this case the trial court’s final judgment of foreclosure specifically retained and reserved jurisdiction to enter deficiency judgments, section 702.06 ....

...Having reexamined our position advanced in Teague , we now find ourselves in agreement with the District Court below that an unsatisfied judgment does not constitute a remedy, and does not bar a foreclosure action. It has been urged by petitioner that Fla.Stat. § 702.06, F.S.A., relating to deficiency suits arising out of foreclosures, suggests a contrary result, but this statute appears to have no application to a suit on a note brought independently of any attempt at foreclosure....

considerations interposed by the defendants. See § 702.06 Fla.Stat., F.S.A.; Kurkjian v. Fish Carburetor

...wasting judicial resources in duplicative and unnecessary proceedings and the risk of inconsistent judgments regarding the application of law to the same factual dispute.” Inphynet Cont. Servs., 196 So. 3d at 464. 4 § 702.06, Fla....

...limitations period shall commence on the day after the certificate is issued by the clerk of coürt or the day after the mortgagee accepts a deed in lieu of foreclosure. In particular, he argued that section 95.11(5)(h) should be interpreted in conjunction with section 702.06 of the Florida Statutes (2015) which reads: Deficiency decree; common law suit to recoverdeficiency In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a de...

...' The borrower argues that the trial court misinterpreted section 95.11(5)(h) in ruling that the one-year statute of limitations did not apply to the bank’s action. Specifically, he contends that section 95.11(5)(h) must be interpreted in conjunction with section 702.06....

...After a short sale, neither of these events occur. Thus, pursuant to the statute’s plain terms, section 95.11(5)(h) does not apply to the bank’s action. The borrower further contends that, if section 95.11(5)(h) does not apply to an action following a short sale, then the portion of section 702.06 addressing short sales would effectively be réad out of the statute. We disagree. The language of section 702.06 does suggest that the Legislature considers an action following a short sale to be a deficiency action for certain purposes....

...However, the statute does not address when such an action must be brought. Rather, it establishes a maximum amount of damages which may be recovered in an action following a short sale. Accordingly, even though the one-year statute of limitations does not govern this type of action, section 702.06 operates to limit the recovery in this type of action to the difference between the outstanding debt and fair market value at the time of the short sale. Thus, our interpretation of .section 95.11(5)(h) does not render the short sale provision in section 702.06 meaningless....

...Yet there is some suggestion in the record, and the order, that the judge intended only to make Wells Fargo prove their fees and costs in a later proceeding. 2 Finally, it is also possible to read the prohibition as intended to deny Wells Fargo any deficiency judgment whatsoever. Section 702.06 gives the court power to limit deficiency judgments. It states: “The complainant shall also have the right to sue at common law to 1 recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment.” § 702.06, Fla....

...Compass Bank, 164 So.3d at 52 (citing Fla. Ins, Guar. Ass’n, Inc. v. Bernard, 140 So.3d 1023, 1027 (Fla. 1st DCA 2014)). In addressing the legal issue presented here, we return to the analysis of this court’s decision in Compass Bank : Prior to June 7, 2013, section 702.06, Florida Statutes, which is entitled “Deficiency decree; common-law suit to recover deficiency,” provided: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any port...

...cases where the mortgage is for the purchase price of the property involved and where the original mortgagee becomes the purchaser thereof at foreclosure sale and also is granted a deficiency decree against the original mortgagor. (Emphasis added). Section 702.06 was amended in 2013 to read: In all suits for .the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of th...

...The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. See Ch. 13-137, § 5, Laws of Fla. (Emphasis added). In addressing Appellant’s argument, a review of the case law construing section 702.06 is instructive....

...It concluded that the Fourth District’s decision was sound and did not disrupt the law that “appears firmly established.” Id. In support of its. argument. on appeal that its action at law was permissible, Appellee relies not only on Reid but, also upon, the plain .language of section 702.06, both before and after the 2013 amendment. While we agree that-the plain language of both versions of section 702.06 supports an argument that a party may file an action at law to recover a deficiency so long as a trial court has not actually ruled upon a request for a deficiency judgment in the foreclosure case, cases such as Belle Mead and First Federal Savings suggest otherwise....

...Hackley, 95 So.3d 92, 93 (Fla.2012) (“The first place we look when construing a statute is to its plain language—if the meaning of the statute is clear and unambiguous, we look no further”). We need look no further than the plain language of section 702.06. The dicta in First Federal Savings and Compass Bank does not carry the weight of authority of section 702.06 as it is now constituted. The remedial nature of the 2013 amendment to section 702.06 militates against our further interpreting an inconsistent body of case law....

...t if the original foreclosure court ignores a claim for a,deficiency judgment, or one is not sought there, the lender may seek relief at common law. . As we acknowledged in Compass Bank , ‘While we agree that the plain language of both versions of section 702.06 supports an argument that a party may file an action at law to recover a deficiency so long as a trial court has not actually ruled upon a request for a deficiency judgment in the foreclosure case, cases such as Belle Mead and First Federal Savings suggest otherwise.” 164 So.3d at 56 (emphasis added)....

...Becker, 45 So.2d 116 (Fla.1950); Flagship State Bank of Jacksonville v. Drew Equipment Co., 392 So.2d 609 (Fla. 5th DCA 1981); Vanguard Construction Co. v. Lewis State Bank, 348 So.2d 72 (Fla.1st DCA 1977); Sohn v. Cominole, 253 So.2d 898 (Fla.1st DCA 1971); and Section 702.06, Florida Statutes (1979)....

...judgment.” Garcia v. Christiana Tr., 230 So. 3d 66, 69 (Fla. 3d DCA 2017). Further, “[f]oreclosure (a.k.a. equity) courts are explicitly granted the authority to enter the legal remedy of a deficiency judgment by virtue of [Florida Statutes] section 702.06 which provides, in pertinent part, that [i]n all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency should one exist, shall be within the sound judicial discretion of the court.” Kinney v. Countrywide Home Loans Servicing, L.P., 165 So. 3d 691, 693-94 (Fla. 4th DCA 2015) (quoting Florida Statutes §702.06)....

...nal judgment to adjudicate the deficiency claim. We have jurisdiction, see art. V, § 3(b)(3), Fla. Const., and hold that when a foreclosure court reserves jurisdiction to adjudicate a deficiency judgment claim but has not adjudicated the claim, section 702.06, Florida Statutes (2014), permits the lender or its assignee to bring its deficiency claim in a separate action at law....

...issue relating to the validity of O’Neal’s assignment, and O’Neal appealed. The First District quashed the trial court’s decision without reaching the assignment issue based upon its conclusion that the trial court lacked subject-matter jurisdiction over the suit under section 702.06, Florida Statutes (2014), because the foreclosure court had previously reserved jurisdiction to handle the deficiency claim....

...In so holding, the First District certified conflict with decisions from all four of the other district courts of appeal, and we accepted discretionary review. -2-  ANALYSIS The sole issue in this case is governed by section 702.06, Florida Statutes (2014), which every district court of appeal except for the First District has read as permitting a separate action at law for a deficiency judgment unless the foreclosure court has already granted or denied a deficiency claim. Questions of statutory interpretation are reviewed de novo. See Borden v. East-European Ins. Co., 921 So. 2d 587, 591 (Fla. 2006). Section 702.06 reads in relevant part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court . . . . The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla....

...strict relied on its prior decision in Higgins v. Dyck-O’Neal, Inc., 201 So. 3d 157 (Fla. 1st DCA 2016). See O’Neal, 214 So. 3d at 802. However, in Higgins, the First District examined this Court’s precedent interpreting an older version of section 702.06 that did not contain the “granted or denied” language....

...[exists] with prior precedents.” Id. at 167 (Makar, J., dissenting). CONCLUSION We quash the decision below in O’Neal, disapprove Higgins, approve Garcia, Hendrick, Gdovin, and McKenna, and hold that section 702.06, Florida Statutes (2014), permits an independent action at law for a deficiency judgment -4- when the foreclosure court has expressly reserved jurisdiction to handle a deficiency claim but...

...The mortgaged property sold at a foreclosure sale. The interest in the promissory note and the judgment, including the right to seek a deficiency, was ultimately assigned to Appellant. Thereafter, Appellant filed a separate action at law pursuant to section 702.06, Florida Statutes (2013), to obtain a deficiency judgment. See Garcia v. Dyck- O’Neal, Inc., 178 So. 3d 433, 436 (Fla. 3d DCA 2015) (holding that the unambiguous language of section 702.06 permits the filing of a separate action at law for a deficiency judgment, notwithstanding the foreclosure court’s reservation of jurisdiction in its final judgment to consider a deficiency). In the order on appeal, the tria...

...deficiency judgment. Finally, we attribute no significance to Appellant pursuing the deficiency judgment in a separate action, as opposed to reopening the original foreclosure proceeding because, under the facts of the case, the plain language of section 702.06 permitted it to do so. Accordingly, we reverse the order dismissing the amended complaint and remand this case for further proceedings. REVERSED and REMANDED. TORPY and COHEN, JJ., concur. 1In defense of th...

...the entry of the Final Summary Judgment in Foreclosure on January 27, 2009. A foreclosure sale was held, and the property sold for substantially less than the foreclosure amount. Accordingly, Appellant filed a post-judgment motion for deficiency judgment. § 702.06, Fla....

...that had jurisdiction to consider the deficiency. The lower court agreed and entered the final order on appeal, dismissing the action based on a lack of subject matter jurisdiction. The resolution of this appeal comes from the language of section 702.06, Florida Statutes (2014), which provides in pertinent part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of...

...the date of sale. . . . The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla....

...3d DCA 2016), and Cheng v. 2 Dyck-O’Neal, Inc., 41 Fla. L. Weekly D1076 (Fla. 4th DCA May 4, 2016), have recently addressed the same issue pending before us. Both courts determined that the language in section 702.06 is unambiguous and that a separate action at law for a deficiency was permitted, notwithstanding the foreclosure court’s reservation of jurisdiction in its final judgment to consider a deficiency....

...or a deficiency judgment and the trial court reserves jurisdiction to enter a deficiency judgment. Higgins v. Dyck-O'Neal, Inc., 41 Fla. L. Weekly D1376 (Fla. 1st DCA June 9, 2016). We agree with the Third District and Fourth District that section 702.06 is unambiguous....

...The dispositive question under the statute is whether the foreclosure court has granted or denied a claim for a deficiency judgment. In the case below, the foreclosure court had not granted or denied a deficiency judgment. Thus, the plain language of section 702.06 permitted Appellant to bring the suit at issue to recover a deficiency against the Appellees, and the trial court erred in dismissing the action based on the lack of subject matter jurisdiction.1 Accordingly, we reverse the final order of dismissal and remand with instructions to reinstate the complaint filed....

...that had jurisdiction to consider the deficiency. The lower court agreed and entered the final order on appeal, dismissing the action based on a lack of subject matter jurisdiction. The resolution of this appeal comes from the language of section 702.06, Florida Statutes (2014), which provides in pertinent part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of...

...the date of sale. . . . The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla....

...3d DCA 2016), and Cheng v. 2 Dyck-O’Neal, Inc., 41 Fla. L. Weekly D1076 (Fla. 4th DCA May 4, 2016), have recently addressed the same issue pending before us. Both courts determined that the language in section 702.06 is unambiguous and that a separate action at law for a deficiency was permitted, notwithstanding the foreclosure court’s reservation of jurisdiction in its final judgment to consider a deficiency....

...ficiency judgment and the trial court reserves jurisdiction to enter a deficiency judgment. Higgins v. Dyck-O'Neal, Inc., 41 Fla. L. Weekly D1376 (Fla. 1st DCA June 9, 2016). We agree with the Third District and Fourth District. Section 702.06 is unambiguous....

...The dispositive question under the statute is whether the foreclosure court has granted or denied a claim for a deficiency judgment. In the case below, the foreclosure court had not granted or denied a deficiency judgment. Thus, the plain language of section 702.06 permitted Appellant to bring the suit at issue to recover a deficiency against the Appellee, and the trial court erred in dismissing the action based on the lack of subject matter jurisdiction.1 Accordingly, we reverse the final order of dismissal and remand with instructions to reinstate the complaint filed....

...al owner-mortgagors, where the original owner-mortgagors were not made parties to the original foreclosure proceeding against the subsequent owner. The trial court answered the question in the negative and dismissed PMI’s action. PMI has appealed. Section 702.06, Florida Statutes (1991), provides: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial d...

...ho had not been a party to the foreclosure suit. In that case Keenan was one of two original mortgagors,. and had not been made a party to the foreclosure suit. This court stated: The trial court erred in entering summary judgment for the appellees. Section 702.06, Florida Statutes (1985), expressly permits the bank to sue to recover a deficiency after foreclosure, so long as the bank neither obtained a deficiency judgment against Keenan and Van Duyne, nor sought and was refused one in the foreclosure action....

...However, we agree with Equitable that although there is no authorizing court rule, under the particular provisions of this contract and the circumstances of this case, the contract is one of those instruments deemed a mortgage under section 697.01, Florida Statutes (1983), subject to the same rules of foreclosure, and that section 702.06, Florida Statutes (1983), applies to authorize entry of a deficiency judgment in this case....

...South Atlantic now appeals this ruling, arguing that the Morgans were contractually responsible for interest regardless of the outcome of their attorney’s fee appeal. It has long been the law that the decision to grant a deficiency judgment is within the sound discretion of the trial court. § 702.06, Fla.Stat....

...an Duyne, and Borges. Keenan and Van Duyne answered, however Borges defaulted. Keenan and Van Duyne defended and moved for summary judgment, which was granted. The bank appeals. 2 The trial court erred in entering summary judgment for the appellees. Section 702.06, Florida Statutes (1985), expressly permits the bank to sue to recover a deficiency after foreclosure, so long as the bank neither obtained a deficiency judgment against Keenan and Van Duyne, nor sought and was refused one in the foreclosure action....

amount and the judgment amount pursuant to section 702.06, Florida Statutes.1 In this case, prior to

...Before SUAREZ, C.J., and FERNANDEZ and LOGUE, JJ. SUAREZ, C.J. Dyck-O’Neal, Inc. appeals from a final order granting Douglas Weinberg’s motion to dismiss the complaint based on lack of jurisdiction. Based on the unambiguous language of section 702.06, Florida Statutes (2013) and the holding in Garcia v....

...relief and the foreclosure judge reserved jurisdiction, the proper and exclusive forum for pursuing a deficiency claim was the foreclosure court. The trial judge agreed and dismissed DONI’s deficiency complaint for lack of jurisdiction. Section 702.06, Florida Statutes (2013) governs suits to recover deficiencies. This statute provides that the complainant in a foreclosure action has the option of suing at common law to recover a deficiency rather than seeking it in the foreclosu...

...The homeowner moved to dismiss for lack of jurisdiction based on the identical arguments as set forth in the instant appeal. The trial court rejected those arguments and ruled in DONI’s favor. On appeal, this Court found the language of section 702.06 to be unambiguous, and also found the dicta in Reid to be inapposite....

PER CURIAM. This is a timely appeal from two orders which denied a motion for deficiency judgment sought against appellee, Dudley Kear-ney, pursuant to Section 702.06, Florida Statutes (1979), and a subsequent order which denied appellant’s motion for rehearing....

...matter jurisdiction over the deficiency action based on then- controlling caselaw. Dyck-O’Neal, Inc. v. Lanham, 214 So. 3d 802, 802 (Fla. 1st DCA 2017). On review, the Florida Supreme Court disagreed with this Court’s precedent and held “that section 702.06, Florida Statutes (2014), permits an independent action at law for a deficiency judgment when the foreclosure court has expressly reserved jurisdiction to handle a deficiency claim but has not actually decided the merits of the claim.” Dyck-O’Neal, Inc....

...mortgage. We reverse. It is our conclusion that res judicata is inappropriate. The mere fact that the standard complaint in replevin might have supported a deficiency judgment does not preclude a separate seeking of same after repossession and sale. Section 702.06, Florida Statutes (1977) provides as follows: 702.06 Deficiency decree; common law suit to recover deficiency....

...l also have the right to sue at common law to recover such deficiency, provided no suit at law to recover such deficiency ... At first blush this entire chapter might be thought to apply only to real estate but that limitation is dispensed with when Section 702.06 is plugged in with the above which seems clearly to provide that a separate suit can be maintained....

...The bank’s motion for deficiency was barred by a Chapter 95 statute of limitations because that motion constituted an “action to enforce a claim of a deficiency” within the meaning of section 95.11(5)(h), Florida Statutes. Section 702.06, Florida Statutes (2020), allows a mortgagee to obtain a deficiency decree within a mortgage foreclosure action or through a separate lawsuit at common law. See § 702.06, Fla....

...n law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment”); Royal Palm Corp. Ctr. Ass’n v. PNC Bank, NA, 89 So. 3d 923, 931 (Fla. 4th DCA 2012) (noting that “[s]ection 702.06 binds a plaintiff to a deficiency decree once the 2 plaintiff sets the deficiency process in motion,” but that the statute expressly provides the complainant the right to sue at common law to recover su...

...vast majority of deficiencies occur within an existing foreclosure. Reading the amendments as a whole, it is apparent that the Legislature did not intend to exclude motions for foreclosure from the impact of the statutory change to foreclosure procedure. The amendment to section 702.06 recognizes that motions for deficiency are the typical mechanism for recovery of a deficiency....

...and Dyck- O'Neal had to seek relief in the original foreclosure proceeding. The trial court agreed and dismissed the complaint. This was error. Because a separate deficiency action such as the underlying one is authorized by the plain language of section 702.06, Florida Statutes (2013), we reverse. This court has already addressed the issue of "whether a circuit court has subject matter jurisdiction to adjudicate an independent deficiency action when the plaintiff had reques...

...In Gdovin, we concluded that the circuit court does have subject matter jurisdiction in such circumstances, agreeing with the Third District's reasoning in Garcia v. Dyck-O'Neal, Inc., 178 So. 3d 433, 436 (Fla. 3d DCA 2015), a case on which Dyck-O'Neal relies herein. This court stated: "[T]he plain language of section 702.06, Florida Statutes (2013),[1] authorizes the filing of an independent 1 Section 702.06 provides as follows: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court ....

...roceedings. Additionally, as we did in Gdovin, we certify conflict with Higgins v. Dyck-O'Neal, Inc., 41 Fla. L. Weekly D1376 (Fla. 1st DCA June 9, 2016), in which the First District "rejected the Third District's plain language interpretation of section 702.06." Gdovin, 198 So....

...We affirm. The appellants argue that the circuit court had jurisdiction to join them in the action. The appellants note that, in the foreclosure judgment, the court reserved jurisdiction to enter a deficiency decree. The appellants further rely on section 702.06, Florida Statutes (2008), which provides, in pertinent part: In all suits for the foreclosure of mortgages....

...[,] the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court, but the complainant shall also have the right to sue at common law to recover such deficiency. . . . § 702.06, Fla. Stat. (2008). We agree that, under section 702.06, the circuit court had the discretion, post-foreclosure, to allow the appellants to join the underlying action to pursue the deficiency decree....

...Perhaps the court believed that, due to the bankruptcy, any action against the mortgagor was automatically stayed. This alternative theory cannot be dispelled without a transcript of the hearing before the circuit court. Therefore, we are compelled to affirm. Our decision is without prejudice to the appellants' right under section 702.06 to file a separate action to recover the deficiency, provided that no automatic stay exists due to the mortgagor's bankruptcy....

...dgment—as is certainly the case when a nominal bid prevails—the creditor can generally seek a deficiency judgment to recover the balance of the debt. 5 Herbert Thorndike Tiffany, The Law of Real Property § 1529 (3d ed.); see, e.g., Fla Stat. § 702.06 (2014) (“In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the court ....

...wrongly decided. And while the appeal was pending, the Florida Supreme Court agreed. It disapproved Higgins and held that “when a foreclosure court reserves jurisdiction to adjudicate a deficiency judgment claim but has not adjudicated the claim, section 702.06, Florida Statutes (2014), permits the lender or its assignee to bring its deficiency claim in a separate action at law.” Dyck-O’Neal v. Lanham, SC17-975, 43 Fla....

...Harris, of Jones Walker LLP, Miami, for Appellee, TDMA, LLC. No Appearance for Other Appellees. EDWARDS, C.J., Stuart L. Longman (“Longman”) appeals the final “deficiency judgment” entered in favor of TDMA, LLC (“TDMA”). Longman argues that pursuant to section 702.06, Florida Statutes (2021), the trial court lacked procedural subject matter jurisdiction to enter a deficiency judgment in 2021 in a case where only money damages were sought and awarded by judgment in 2014. He also argues that TDMA’s motion for deficiency was untimely based on section 95.11(5)(h), Florida Statutes. We agree with Longman’s argument that section 702.06 applies and does not permit the relief TDMA obtained; therefore, we reverse....

...TDMA’s motion for deficiency judgment credited Longman with the $4,600 realized in the foreclosure sale. 3  Longman opposed the motion for deficiency judgment, arguing two grounds. First, he claims that the plain language of section 702.06 governs the pursuit of a deficiency judgment....

...of the court. . . . The complainant shall also have the right to sue at common law to recover such deficiency unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla....

...deficiency judgment nor did TDMA file its motion for deficiency judgment in the Foreclosure Case. Given that the Foreclosure Case proceeded in rem, that is not surprising, as there was no judgment entered against Longman in that case. Thus, section 702.06 gave TDMA only one other way to pursue a deficiency judgment: suing at common law....

...Thus, that argument is unavailing. The matter is reversed and remanded for further proceedings consistent with this opinion. REVERSED. WALLIS and MACIVER, JJ., concur. 1 The parties agreed during oral argument that pursuant to section 702.06, TDMA is still able to pursue an independent suit at common law to seek a deficiency judgment....

...The provisions of the instant contract relating to time and area are found to be reasonable, and well within the directive of the statute, and it is not otherwise harsh, oppressive or unjust.” Of similar import is Scheneman v. Barnett, Fla., 53 So.2d 641 : “(1) Under the provisions of Section 702.06, Florida Statutes 1949, F.S....

005.92 minus $175,000.00 = $57,190.10. . See § 702.06, Fla. Stat. (1995) ("In all suits for the foreclosure

...involving the same note and the foreclosure court had entered a final judgment reserving jurisdiction to grant deficiency relief. We answer the question in the affirmative. We agree with the Third District's conclusion that the plain language of section 702.06, Florida Statutes (2013), authorizes the filing of an independent deficiency action in such cases because "the foreclosure court did not grant or decline to grant the deficiency judgment claim." Garcia v....

...3d DCA 2016). In so deciding, we certify conflict with the First District's decision in Higgins v. Dyck-O'Neal, Inc., 41 Fla. L. Weekly D1376 (Fla. 1st DCA June 9, 2016). The court in Higgins rejected the Third District's plain language interpretation of section 702.06 and instead concluded that the outcome was controlled by First Federal Savings & Loan Ass'n of Broward County v....

...Consolidated Development Corp., 195 So. 2d 856 (Fla. 1967), and Belle Mead Development Corp. v. Reed, 153 So. 843 (Fla. 1934). See Higgins, 41 Fla. L. Weekly at 1379. But as Judge Makar stated in his dissenting opinion in Higgins, the plain language of the 2013 amendment to section 702.06 "trumps whatever perceived inconsistency" exists with First Federal Savings and Belle Mead. -2- Id....

...In a tersely worded order, the trial judge granted Mei-kle’s motion, ruling: The underlying foreclosure judgment was obtained after service through publication. Plaintiff seeks to use that judgment to obtain a money deficiency judgment pursuant to Florida Statute 702.06 which is both vague and a violation of due process....

...We reversed, holding that the deficiency court had personal jurisdiction over the borrower by virtue of the fact that the borrower was personally served in the deficiency action. Id. at 1355 . Likewise, the court here had personal jurisdiction over Meikle. Second, the court also incorrectly found that section 702.06 was unenforceable because it was “vague and a violation of due process.” Section 702.06 provides in pertinent part: In all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound discretion of the...

...fair market value of the property on the date of sale. ... The complainant shall also have the right to sue at common law to recover such deficiency, unless the court in the foreclosure action has granted or denied a claim for a deficiency judgment. § 702.06, Fla. Stat. (2014) (emphasis added). *606 We have recently held that section 702.06 is “unambiguous” and permits a separate suit to recover a deficiency where the foreclosure court did not grant or deny a claim for a deficiency judgment....

...gaged property to such indebtedness.” Commercial Bank of Ocala v. First Nat. Bank, 87 So. 315, 316 (Fla. 1920). Foreclosure (a.k.a. equity) courts are explicitly granted the authority to enter the legal remedy of a deficiency judgment by virtue of section 702.06 which provides, in pertinent part, that “[i]n all suits for the foreclosure of mortgages heretofore or hereafter executed the entry of a deficiency decree for any portion of a deficiency, should one exist, shall be within the sound judicial discretion of the court.” § 702.06, Fla....

...at 636. The only similarity between Frohman and this case is that both originated as foreclosures. The Borrower’s motion for costs is not analogous to Frohman’s motion for deficiency judgment because there is a separate, common law right of action to recover a deficiency judgment. § 702.06, Fla....

...The trial court did not abuse its discretion in determining the amount of the deficiency judgment. Peoples Federal Savings & Loan Association of Tarentum, Pennsylvania v. Shoreline Garden Town- *1000 homes, II, Ltd., 538 So.2d 864, 866 (Fla. 1st DCA 1988); § 702.06, Fla....

...Gloria Bundy is a guarantor of the debt of Skipper Smith’s Marina, Inc. and not of her husband, Mr. Charles T. Bundy. The second defense is that Florida law controls this decision and there are sufficient equities in this case to deny the deficiency decree. See Fla.Stat. § 702.06 (1967), F.S.A....

...We observe, however, that since a demand for a deficiency judgment was included in the complaint on which the default was entered, see, Trawick’s Florida Practice and Procedure (1983 Edition), § 27-4, page 395, the granting of such relief would be within the sound judicial discretion of the trial judge. Section 702.06, Florida Statutes; Lloyd v....