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Chapter 702, Florida Statutes: foreclosure of mortgages and statutory liens

Thursday, October 13, 2011  
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702.01 Equity. — All mortgages shall be foreclosed in equity. In a mortgage foreclosure action, the court shall sever for separate trial all counterclaims against the foreclosing mortgagee. The foreclosure claim shall, if tried, be tried to the court without a jury. History.—RS 1987; GS 2501; RGS 3844; CGL 5747; s. 7, ch. 22858, 1945; s. 2, ch. 87-217.

702.03 Certain foreclosures validated. — All mortgage foreclosures heretofore made, or now pending, wherein there has been annexed to the bill of complaint in such cause, an uncertified copy of the mortgage, as provided by chapter 12095, Acts of 1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages” are hereby validated and confirmed insofar as they relate to the copy of the mortgage attached to such complaint, to the same extent and effect as if section 3117, RGS, had been expressly repealed by chapter 12095, 1927, entitled: "An act to amend section 3845 RGS relating to complaint in foreclosure of mortgages.” History.—s. 1, ch. 13642, 1929; CGL 1936 Supp. 5748(1).

Read the entire chapter

Read the Florida Statutes (outline)
Title XL - Real and Personal Property, Chapters 689-723


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