|
|
The 2025 Florida Statutes
|
|
|
|
|
F.S. 702.11702.11 Adequate protections for lost, destroyed, or stolen notes in mortgage foreclosure.—(1) In connection with a mortgage foreclosure, the following constitute reasonable means of providing adequate protection under s. 673.3091, if so found by the court:(a) A written indemnification agreement by a person reasonably believed sufficiently solvent to honor such an obligation; (b) A surety bond; (c) A letter of credit issued by a financial institution; (d) A deposit of cash collateral with the clerk of the court; or (e) Such other security as the court may deem appropriate under the circumstances. Any security given shall be on terms and in amounts set by the court, for a time period through the running of the statute of limitations for enforcement of the underlying note, and conditioned to indemnify and hold harmless the maker of the note against any loss or damage, including principal, interest, and attorney fees and costs, that might occur by reason of a claim by another person to enforce the note. (2) Any person who wrongly claims to be the holder of or pursuant to s. 673.3011 to be entitled to enforce a lost, stolen, or destroyed note and causes the mortgage secured thereby to be foreclosed is liable to the actual holder of the note, without limitation to any adequate protections given, for actual damages suffered together with attorney fees and costs of the actual holder of the note in enforcing rights under this subsection. In addition, the actual holder of the note may pursue recovery directly against any adequate protections given.(a) The actual holder of the note is not required to pursue recovery against the maker of the note or any guarantor thereof as a condition precedent to pursuing remedies under this section. (b) This section does not limit or restrict the ability of the actual holder of the note to pursue any other claims or remedies it may have against the maker, the person who wrongly claimed to be the holder, or any person who facilitated or participated in the claim to the note or enforcement thereof. History.—s. 7, ch. 2013-137.
| |
Annotations, Discussions, Cases:
Cases Citing Statute 702.11
Total Results: 9
110 F.3d 1551, 27 Envtl. L. Rep. (Envtl. Law Inst.) 21057, 44 ERC (BNA) 1955, 1997 U.S. App. LEXIS 8872
Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 1997 | Docket: 2036777
Cited 23 times | Published
Service's formal actions under the APA, 5 U.S.C. § 702.11 As a procedural statute, the APA does not expand
165 B.R. 506, 8 Fla. L. Weekly Fed. B 7, 30 Collier Bankr. Cas. 2d 1322, 1994 Bankr. LEXIS 478, 1994 WL 107873
United States Bankruptcy Court, M.D. Florida | Filed: Feb 7, 1994 | Docket: 1708552
Cited 7 times | Published
expeditiously as possible. 11 U.S.C. § 701; 11 U.S.C. § 702; 11 U.S.C. § 704. To facilitate liquidation, the code
110 F.3d 1551, 1997 WL 177325
Court of Appeals for the Eleventh Circuit | Filed: Apr 29, 1997 | Docket: 420745
Cited 5 times | Published
Service’s formal actions under the APA, 5 U.S.C. § 702.
11
As a
*1555
procedural statute
199 So. 3d 492, 2016 Fla. App. LEXIS 13211, 2016 WL 4540805
District Court of Appeal of Florida | Filed: Aug 31, 2016 | Docket: 60256612
Cited 2 times | Published
do not consider the application, if any, of section 702.11, Florida Statutes (2014), because the homeowners
185 So. 3d 645, 2016 Fla. App. LEXIS 1569, 2016 WL 455737
District Court of Appeal of Florida | Filed: Feb 5, 2016 | Docket: 3034024
Cited 1 times | Published
may deem appropriate under the circumstances.” § 702.11(1)(e), Fla. Stat. (2014).
Here, the Bank
161 So. 3d 554, 2014 Fla. App. LEXIS 16944, 2014 WL 5284995
District Court of Appeal of Florida | Filed: Oct 17, 2014 | Docket: 60247200
Cited 1 times | Published
by any reasonable means.
(Emphasis added). Section 702.11(1), Florida Statutes (2013), explains the concept
240 So. 3d 16
District Court of Appeal of Florida | Filed: Mar 14, 2018 | Docket: 6333490
Published
appropriate under the
circumstances.’” Id. (quoting § 702.11(1)(e), Fla. Stat. (2014)).
Affirmed in part
190 So. 3d 235, 2016 WL 2342891, 2016 Fla. App. LEXIS 6848
District Court of Appeal of Florida | Filed: May 4, 2016 | Docket: 3062261
Published
indemnify the defendant.
Id.; see also
§ 702.11, Fla. Stat. (2013). • ■ '
Here, the parties
190 So. 3d 999, 41 Fla. L. Weekly Supp. 1, 2016 Fla. LEXIS 68, 2016 WL 164134
Supreme Court of Florida | Filed: Jan 14, 2016 | Docket: 3028217
Published
of the rule be amended to add a reference to section 702.11, Florida Statutes, for completeness and clarity
