reglab/housing_qa huggingface dataset:
FL Stat § 695.28 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 695 - Record of Conveyances of Real Estate|695.28 - Validity of Recorded Electronic Documents.

695.28 Validity of recorded electronic documents.—(1) A document that is otherwise entitled to be recorded and that was or is submitted to the clerk of the court or county recorder by electronic or other means and accepted for recordation is deemed validly recorded and provides notice to all persons notwithstanding:(a) That the document was received and accepted for recordation before the Department of State adopted standards implementing s. 695.27;(b) Any defects in, deviations from, or the inability to demonstrate strict compliance with any statute, rule, or procedure relating to electronic signatures, electronic witnesses, electronic notarization, or online notarization, or for submitting or recording an electronic document in effect at the time the electronic document was executed or was submitted for recording;(c) That the document was signed, witnessed, or notarized electronically, and that the document was notarized by an online notary public outside the physical presence of the signer through audio-video communication technology, as defined in s. 117.201, or that witnessing may have been done outside the physical presence of the notary public or principal through such audio-visual communication; or(d) That the document recorded was a certified printout of a document to which one or more electronic signatures have been affixed.(2) This section does not alter the duty of the clerk or recorder to comply with s. 28.222, s. 695.27, or any rules adopted pursuant to those sections.(3) This section does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not in the nature of those matters described in subsection (1).History.—s. 1, ch. 2011-173; s. 26, ch. 2019-71.
FL Stat § 696.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.01 - Contracts for Sale of Realty Must Be Acknowledged in Order to Be Recorded.

696.01 Contracts for sale of realty must be acknowledged in order to be recorded.—No contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in the public records of any county in the state, unless such contract, agreement or other instrument is acknowledged by the vendor in the manner provided by law for the acknowledgment of deeds; and where there is no acknowledgment on the part of the vendor, the recording officers in the various counties of this state shall refuse to accept such instrument for record.History.—s. 1, ch. 11813, 1927; CGL 5719.
FL Stat § 696.02 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.02 - Assignments of Contracts for Sale of Realty Not Entitled to Record Unless Original Is Recorded or Entitled to Record.

696.02 Assignments of contracts for sale of realty not entitled to record unless original is recorded or entitled to record.—No assignment of any contract, agreement, or other instrument purporting to contain an agreement to purchase or sell real estate shall be recorded in any of the public records of this state, unless the contract, agreement or other instrument sought to be assigned shall have been recorded, or is entitled to be recorded under the provisions of ss. 696.01-696.04.History.—s. 2, ch. 11813, 1927; CGL 5720.
FL Stat § 696.03 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.03 - When Agreement Executed by Agent or Attorney May Be Recorded.

696.03 When agreement executed by agent or attorney may be recorded.—No contract or agreement or other instrument purporting to contain an agreement to sell or purchase real estate, which has been executed by an agent or attorney in fact shall be recorded in any of the public records of this state, unless the authority of such agent or attorney in fact to execute the instrument sought to be recorded is produced and recorded by the recording officer, or is already recorded in the county where such instrument is sought to be recorded; and for the purposes of ss. 696.01-696.04 no authority for the execution of instruments by an agent or attorney in fact shall be accepted which is not executed in the manner provided by law for the execution of deeds.History.—s. 3, ch. 11813, 1927; CGL 5721.
FL Stat § 696.04 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.04 - What Instruments Affected by Ss. 696.01-696.03.

696.04 What instruments affected by ss. 696.01-696.03.—Sections 696.01-696.03 shall apply to all contracts and instruments, which had not been recorded on June 6, 1927; but nothing therein contained shall enlarge, impair, alter, or diminish the obligation of any such contract or agreement affected thereby as between the parties privy thereto, or as to those who have actual notice thereof.History.—s. 4, ch. 11813, 1927; CGL 5722.
FL Stat § 696.05 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.05 - Photographic Recording by Clerk of Circuit Court.

696.05 Photographic recording by clerk of circuit court.—(1) In every county in this state, the clerk of the circuit court may record any and all instruments filed for record by photographic process, this phrase being used in its most general sense and including miniature photographic, microfilming or microphotographic processes or any other photographic, mechanical or other process heretofore or hereafter devised, however designated, such as may be recommended by the clerk from time to time and approved by the board of county commissioners. The board of county commissioners shall provide out of the general revenue fund adequate equipment and supplies for making and preserving such records in accordance with the process so recommended and approved, and shall also provide adequate equipment for reproduction, and for viewing where said recording process is miniature photographic, microfilming or microphotographic, it being the intent hereof that such records shall be readily available for public inspection and copying. The clerk of the circuit court may note on the index to the photographic record of a mortgage or lien a note of assignment or a note of satisfaction of the mortgage or lien.(2) All instruments heretofore recorded and all action of the boards of county commissioners and clerks of the circuit courts heretofore performed in the purchase of photographic equipment and its use in accordance with the provisions of this act are hereby validated and shall be held good and valid. All service charges shall be as provided in s. 28.24.History.—s. 1, ch. 10300, 1925; CGL 1936 Supp. 5722(1); ss. 1, 2, 3, 4, ch. 22051, 1943; s. 8, ch. 29749, 1955; s. 1, ch. 59-429; s. 1, ch. 61-186; s. 28, ch. 70-134.
FL Stat § 696.06 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 696 - Record of Contracts; Photographic Recording|696.06 - Photographic Recording by County Court Judge.

696.06 Photographic recording by county court judge.—(1) In every county in the state, the county court judge may record any and all instruments filed for record by photographic process, this phrase being used in its most general sense not excluding any photographic process heretofore or hereafter devised, however designated, such as may be recommended by the county court judge from time to time and approved by the board of county commissioners, and the board of county commissioners shall provide out of the general revenue fund adequate equipment and supplies for making and preserving such records in accordance with the process so recommended and approved.(2) Any instrument heretofore recorded and any action of the boards of county commissioners or county court judges heretofore performed in accordance with the provisions of this section shall be held good and valid.History.—s. 1, ch. 11382, 1925; CGL 5723; ss. 1, 2, ch. 21785, 1943; s. 26, ch. 73-334.
FL Stat § 697.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage|697.01 - Instruments Deemed Mortgages.

697.01 Instruments deemed mortgages.—(1) All conveyances, obligations conditioned or defeasible, bills of sale or other instruments of writing conveying or selling property, either real or personal, for the purpose or with the intention of securing the payment of money, whether such instrument be from the debtor to the creditor or from the debtor to some third person in trust for the creditor, shall be deemed and held mortgages, and shall be subject to the same rules of foreclosure and to the same regulations, restraints and forms as are prescribed in relation to mortgages.(2) Provided, however, that no such conveyance shall be deemed or held to be a mortgage, as against a bona fide purchaser or mortgagee, for value without notice, holding under the grantee.History.—s. 1, Jan. 30, 1838; s. 1, ch. 525, 1853; RS 1981; GS 2494; RGS 3836; CGL 5724; s. 12, ch. 20954, 1941.
FL Stat § 697.02 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage|697.02 - Nature of a Mortgage.

697.02 Nature of a mortgage.—A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession.History.—ss. 1, 2, ch. 525, 1853; RS 1982; GS 2495; RGS 3837; CGL 5725.
FL Stat § 697.06 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage|697.06 - Prepayment of Note.

697.06 Prepayment of note.—Any note which is silent as to the right of the obligor to prepay the note in advance of the stated maturity date may be prepaid in full by the obligor or her or his successor in interest without penalty.History.—s. 1, ch. 77-318; s. 1, ch. 87-351; s. 1, ch. 88-7; s. 774, ch. 97-102.
FL Stat § 697.08 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage|697.08 - Equity Skimming.

697.08 Equity skimming.—(1) It is unlawful for any person, with intent to defraud the owner of real property, to engage in equity skimming, which is, to:(a) Purchase, within a 3-year period, two or more single-family dwellings, two-family dwellings, three-family dwellings, or four-family dwellings, or a combination thereof, that are subject to a loan that is in default at the time of purchase or within 1 year after the time of purchase, which loan is secured by a mortgage or deed of trust;(b) Fail to make payments under the mortgage or deed of trust as the payments become due, regardless of whether the purchaser is obligated on the loan; and(c) Apply, or authorize the application of, rents from such dwellings for the person’s own use.(2) A violation of subsection (1) constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.History.—s. 1, ch. 94-288; s. 775, ch. 97-102.
FL Stat § 697.10 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 697 - Instruments Deemed Mortgages and the Nature of a Mortgage|697.10 - Liability for Error in Mortgage Deed or Note.

697.10 Liability for error in mortgage deed or note.—In any action relating to real property, if the court shall find that any person has prepared an instrument which due to an inaccurate or improper legal description impairs another person’s title to real property, the court may award to the prevailing party all costs incurred by her or him in such action, including reasonable attorney’s fees, and in addition thereto may award to the prevailing party all actual damages that she or he may have sustained as a result of such impairment of title.History.—s. 2, ch. 84-52; s. 2, ch. 86-39; s. 776, ch. 97-102.
FL Stat § 698.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.01 - To Be Recorded.

698.01 To be recorded.—No chattel mortgage shall be valid or effectual against creditors or subsequent purchasers for a valuable consideration and without notice unless it be recorded, or unless the property included in it be delivered to the mortgagee and continue to remain truly and bona fide in her or his possession.History.—RS 1983; GS 2496; RGS 3833; CGL 5726; s. 779, ch. 97-102.
FL Stat § 698.02 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.02 - Acknowledgment.

698.02 Acknowledgment.—To entitle such mortgage to record, its execution must be acknowledged or proved in the manner provided for mortgages of real property.History.—RS 1984; GS 2497; RGS 3839; CGL 5727.
FL Stat § 698.04 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.04 - Sale Under Power.

698.04 Sale under power.—In case of any sale of property under a power of sale as provided in s. 698.03, the sale may be conducted by the mortgagee or assignee, or by any person appointed by the mortgagee or as assignee, and the person conducting such sale shall execute a bill of sale to the purchaser or purchasers, which shall effectively transfer title to the property so sold. The mortgagee or assignee may bid and become the purchaser at any such sale. All rights and remedies of the mortgagee provided in ss. 698.03-698.05 shall extend to the mortgagee’s legal representatives and assigns.History.—s. 2, ch. 17108, 1935; CGL 1936 Supp. 5727(2).
FL Stat § 698.05 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.05 - Remedy Concurrent.

698.05 Remedy concurrent.—Nothing in ss. 698.03 and 698.04 shall prevent the holder of any such mortgage from foreclosing such mortgage in equity; the remedy by power of sale given in said sections being intended to be cumulative and concurrent, but not exclusive. In all other respects, the laws relating to chattel mortgages shall be applicable to such mortgages.History.—s. 3, ch. 17108, 1935; CGL 1936 Supp. 5727(3).
FL Stat § 698.08 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.08 - Notice Given by Filing for Record of Chattel Mortgages Generally, to Extend 7 Years.

698.08 Notice given by filing for record of chattel mortgages generally, to extend 7 years.—(1) The notice given to third persons by the filing for record of any mortgage or other security instrument, except mortgages or other instruments given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property, or agricultural, horticultural, or fruit crops planted, growing or to be planted, grown or raised, shall, unless otherwise provided by law, expire at the end of 7 years from the date of the filing thereof for record.(2) The notice given to third persons by the filing for record of any mortgage or other security instrument given to secure future advances, creating a lien on, or conveying or reserving an interest in, personal property or agricultural, horticultural, or fruit crops planted, growing, or to be planted, grown, or raised, shall, unless otherwise provided by law, expire at the end of:(a) Seven years from the date of maturity of the debts or obligations last maturing thereunder and secured by such mortgages or other security instruments, or(b) Seven years from the last date an advance could validly be made thereunder so as to be secured thereby,whichever of said dates is later.(3) Provided, however, that this law shall not apply to any mortgage or other security instrument creating a lien on, or conveying or reserving an interest in, or in respect of property owned by, or sold or leased to, or agreed to be sold or leased to, any railroad corporation, where such mortgage has been or shall be recorded in the county in the state in which the mortgaged property is situated or, in the case of such other instrument, where such other instrument has been or shall be recorded in the office of the Department of State. Provided further, however, that this law shall not apply to any mortgage or other security instrument given to secure any indebtedness to the United States, or any agency or instrumentality thereof, incurred under the Rural Electrification Act of 1939, as amended.History.—s. 1, ch. 17112, 1935; CGL 1936 Supp. 5727(7); s. 1, ch. 20921, 1941; s. 1, ch. 26889, 1951; s. 4, ch. 63-212; ss. 10, 35, ch. 69-106.
FL Stat § 698.09 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.09 - Extension of Period of Notice.

698.09 Extension of period of notice.—The effect as to third persons of the filing of any such instrument for record, may, in all respects, including the preservation of priority thereof, be extended for successive additional periods, each not exceeding 7 years from the date of the filing in the office of the clerk of the circuit court, wherein any such instrument is recorded, upon the filing by the owner or holder thereof, of an affidavit identifying such instrument, stating her or his interest therein and the nature and amount unpaid on the obligation still secured thereby. Provided, however, that where a mortgage or other security instrument has been amended or supplemented one or more times and an identifying affidavit is so filed for record by the owner or holder thereof with respect to the original mortgage or other security instrument and mention is made in such affidavit of any instrument or instruments amendatory or supplemental thereto such identifying affidavit need not be filed with respect to such amendatory or supplemental instrument or instruments so mentioned therein and the effect of such amendatory or supplemental instrument or instruments and the preservation of any lien or priority thereof shall be extended along with the original mortgage or other security instrument as to which affidavit or affidavits have been filed in accordance with the requirements of this section.History.—s. 2, ch. 17112, 1935; CGL 1936 Supp. 5727(8); s. 1, ch. 28083, 1953; s. 781, ch. 97-102.
FL Stat § 698.11 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.11 - Duties of Clerk in Connection With Extension.

698.11 Duties of clerk in connection with extension.—The clerk of the circuit court shall file such affidavit, reindex the instrument mentioned therein, and enter on the index of such instrument a reference to the filing of such affidavit, stating thereon the date of filing of such affidavit and the amount unpaid on the obligation secured by such instrument, for which services the clerk of the circuit court shall be entitled to a service charge as provided in s. 28.24.History.—s. 4, ch. 17112, 1935; CGL 1936 Supp. 5727(10); s. 29, ch. 70-134.
FL Stat § 698.12 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 698 - Chattel Mortgages|698.12 - Chapter Not Applicable to Transactions Under Uniform Commercial Code.

698.12 Chapter not applicable to transactions under Uniform Commercial Code.—The provisions of this chapter shall not apply to transactions governed by any of the provisions of the Uniform Commercial Code, but shall remain applicable to transactions to which that code does not apply.History.—s. 1, ch. 65-254.
FL Stat § 701.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 701 - Assignment and Cancellation of Mortgages|701.01 - Assignment.

701.01 Assignment.—Any mortgagee may assign and transfer any mortgage made to her or him, and the person to whom any mortgage may be assigned or transferred may also assign and transfer it, and that person or her or his assigns or subsequent assignees may lawfully have, take and pursue the same means and remedies which the mortgagee may lawfully have, take or pursue for the foreclosure of a mortgage and for the recovery of the money secured thereby.History.—s. 1, Dec. 11, 1834; RS 1985; GS 2498; RGS 3840; CGL 5743; s. 782, ch. 97-102.
FL Stat § 701.03 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 701 - Assignment and Cancellation of Mortgages|701.03 - Cancellation.

701.03 Cancellation.—(1) Whenever the amount of money due under a promissory note secured by a mortgage is fully paid, the mortgagee or assignee shall within 45 days after satisfaction of the mortgage thereafter cancel the mortgage in the manner provided by law, unless the mortgage is an open-end mortgage.(2) A mortgage that is an open-end mortgage as provided in the loan agreement may be canceled upon written notice from the borrower of the intent to close the mortgage. The mortgagee or assignee shall cancel the open-end mortgage within 45 days after receiving the notice. This subsection does not apply to an open-end mortgage existing before July 1, 2016, if the loan agreement contained procedures for canceling the mortgage.History.—RS 1986; GS 2499; RGS 3842; CGL 5745; s. 171, ch. 73-333; s. 4, ch. 2016-53.
FL Stat § 701.06 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 701 - Assignment and Cancellation of Mortgages|701.06 - Certain Cancellations and Satisfactions of Mortgages Validated.

701.06 Certain cancellations and satisfactions of mortgages validated.—All cancellations or satisfactions of mortgages made prior to the enactment of chapter 4138, Acts of 1893, by the mortgagee or assignee of record of such mortgage entering same on the margin of the record of such mortgage in the presence of the custodian of such record and attested by the said custodian and signed by said mortgagee or assignee of record of such mortgage, shall be valid and effectual for every purpose as if the same had been done subsequent to the enactment of chapter 4138, Acts of 1893.History.—s. 1, ch. 14763, 1931; CGL 1936 Supp. 5746(1).
FL Stat § 702.01 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 702 - Foreclosure of Mortgages and Statutory Liens|702.01 - Equity.

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.
FL Stat § 702.03 (2021)
2021 Florida Statutes|Title XL - Real and Personal Property|Chapter 702 - Foreclosure of Mortgages and Statutory Liens|702.03 - Certain Foreclosures Validated.

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).