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Florida Statute 702.09 - Full Text and Legal Analysis
Florida Statute 702.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 702.09 Case Law from Google Scholar Google Search for Amendments to 702.09

The 2025 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY
Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS
View Entire Chapter
702.09 Definitions.For the purposes of ss. 702.07 and 702.08, the words “decree of foreclosure” shall include a judgment or order rendered or passed in the foreclosure proceedings in which the decree of foreclosure shall be rescinded, vacated, and set aside; the word “mortgage” shall mean any written instrument securing the payment of money or advances and includes liens to secure payment of assessments arising under chapters 718 and 719 and liens created pursuant to the recorded covenants of a property owners’ association as defined in s. 712.01; the word “debt” shall include promissory notes, bonds, and all other written obligations given for the payment of money; the words “foreclosure proceedings” shall embrace every action in the circuit or county courts of this state wherein it is sought to foreclose a mortgage and sell the property covered by the same; and the word “property” shall mean and include both real and personal property.
History.s. 3, ch. 11881, 1927; CGL 5754; s. 4, ch. 2002-27; s. 13, ch. 2003-14; s. 9, ch. 2018-55.

F.S. 702.09 on Google Scholar

F.S. 702.09 on CourtListener

Amendments to 702.09


Annotations, Discussions, Cases:

Cases Citing Statute 702.09

Total Results: 4  |  Sort by: Relevance  |  Newest First

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In Re Villamont-Oxford Assocs. Ltd. P'ship, 230 B.R. 445 (Bankr. M.D. Fla. 1998).

Cited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 1998 Bankr. LEXIS 1851, 1998 WL 993734

...It is fundamental that the ultimate objective of a foreclosure action is the sale of the property subject to the mortgage or security agreement, and the application of the proceeds from the sale to reduce or satisfy the obligation owed to the secured party. See, for example, Fla. Stat. § 702.09....
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Claudine M. Stacknik v. U. S. Bank Nat'l Ass'n (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

...Ass'n, Ltd. v. PNC Bank, NA, 89 So. 3d 923, 932 (Fla. 4th DCA 2012); cf. Aluia v. Dyck-O'Neal, Inc., 205 So. 3d 768, 775 (Fla. 2d DCA 2016). And Ms. Stacknik has not argued that U.S. Bank was not entitled to the equitable remedy of foreclosure. Cf. § 702.09, Fla....
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Deutsche Bank Nat'l Trust Co. v. Hagstrom, 203 So. 3d 918 (Fla. 2d DCA 2016).

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

...collect the debt and notice thereof is irrelevant to whether a note holder can enforce the note. Additional support for this conclusion is found in chapters 689-724, Title XL, Florida Statutes, which govern mortgages and mortgage foreclosures specifically. Section 702.09, Florida Statutes (2011), defines a “mortgage” as “any written instrument securing the payment of money” and not as a “debt.” See Johns v....
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In Re Venice-Oxford Assocs. Ltd. P'ship, 236 B.R. 791 (Bankr. M.D. Fla. 1998).

Published | United States Bankruptcy Court, M.D. Florida | 12 Fla. L. Weekly Fed. B 294, 1998 Bankr. LEXIS 1874, 1998 WL 777060

...It is fundamental that the ultimate objective of a foreclosure action is the sale of the property subject to the mortgage or security agreement, and the application of the proceeds from the sale to reduce or satisfy the obligation owed to the secured party. See, for example, Fla. Stat. § 702.09....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.