The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.07

689.07 “Trustee” or “as trustee” added to name of grantee, transferee, assignee, or mortgagee transfers interest or creates lien as if additional word or words not used.—

(1) Every deed or conveyance of real estate heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the grantee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall grant and is hereby declared to have granted a fee simple estate with full power and authority in and to the grantee in such deed to sell, convey, and grant and encumber both the legal and beneficial interest in the real estate conveyed, unless a contrary intention shall appear in the deed or conveyance; provided, that there shall not appear of record among the public records of the county in which the real property is situate at the time of recording of such deed or conveyance, a declaration of trust by the grantee so described declaring the purposes of such trust, if any, declaring that the real estate is held other than for the benefit of the grantee.

(2) Every instrument heretofore or hereafter made or executed transferring or assigning an interest in real property in which the words “trustee” or “as trustee” are added to the name of the transferee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall transfer and assign, and is hereby declared to have transferred and assigned, the interest of the transferor or assign or to the transferee or assignee with full power and authority to transfer, assign, and encumber such interest, unless a contrary intention shall appear in the instrument; provided that there shall not appear of record among the public records of the county in which the real property is situate at the time of the recording of such instrument, a declaration of trust by the assignee or transferee so described declaring the purposes of such trust, if any, or declaring that the interest in real property is held other than for the benefit of the transferee or assignee.

(3) Every mortgage of any interest in real estate or assignment thereof heretofore or hereafter made or executed in which the words “trustee” or “as trustee” are added to the name of the mortgagee or assignee, and in which no beneficiaries are named, the nature and purposes of the trust, if any, are not set forth, and the trust is not identified by title or date, shall vest and is hereby declared to have vested full rights of ownership to such mortgage or assignment and the lien created thereby with full power in such mortgagee or assignee to assign, hypothecate, release, satisfy, or foreclose such mortgage unless a contrary intention shall appear in the mortgage or assignment; provided that there shall not appear of record among the public records of the county in which the property constituting security is situate at the time of recording of such mortgage or assignment, a declaration of trust by such mortgagee or assignee declaring the purposes of such trust, if any, or declaring that such mortgage is held other than for the benefit of the mortgagee or assignee.

(4) Nothing herein contained shall prevent any person from causing any declaration of trust to be recorded before or after the recordation of the instrument evidencing title or ownership of property in a trustee; nor shall this section be construed as preventing any beneficiary under an unrecorded declaration of trust from enforcing the terms thereof against the trustee; provided, however, that any grantee, transferee, assignee, or mortgagee, or person obtaining a release or satisfaction of mortgage from such trustee for value prior to the placing of record of such declaration of trust among the public records of the county in which such real property is situate, shall take such interest or hold such previously mortgaged property free and clear of the claims of the beneficiaries of such declaration of trust and of anyone claiming by, through or under such beneficiaries, and such person need not see to the application of funds furnished to obtain such transfer of interest in property or assignment or release or satisfaction of mortgage thereon.

(5) In all cases in which tangible personal property is or has been sold, transferred, or mortgaged in a transaction in conjunction with and subordinate to the transfer or mortgage of real property, and the personal property so transferred or mortgaged is physically located on and used in conjunction with such real property, the prior provisions of this section are applicable to the transfer or mortgage of such personal property, and, where the prior provisions of this section in fact apply to a transfer or mortgage of personal property, then any transferee or mortgagee of such tangible personal property shall take such personal property free and clear of the claims of the beneficiaries under such declaration of trust (if any), and of the claims of anyone claiming by, through, or under such beneficiaries, and the release or satisfaction of a mortgage on such personal property by such trustee shall release or satisfy such personal property from the claims of the beneficiaries under such declaration of trust, if any, and from the claims of anyone claiming by, through, or under such beneficiaries.

History.—s. 1, ch. 6925, 1915; s. 10, ch. 7838, 1919; RGS 3793; CGL 5666; s. 1, ch. 59-251; s. 1, ch. 2004-19.

F.S. 689.07 on Google Scholar

F.S. 689.07 on Casetext

Amendments to 689.07

Arrestable Offenses / Crimes under Fla. Stat. 689.07

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.07.

Annotations, Discussions, Cases:

Cases from cite.case.law:

D. GILLER v. J. GILLER,, 190 So. 3d 666 (Fla. Dist. Ct. App. 2016)

. . . Representatives’ First Amended Complaint states a legally. sufficient cause of action under section 689.07 . . . for declaratory relief.on September 28, 2011, which sought a declaration that, pursuant to section 689.07 . . . Section 689.07(1) states: (1) Every deed or conveyance of real estate heretofore or hereafter made or . . . “Though inartfully drafted, section 689.07(1) is unambiguous.” Raborn, 974 So.2d at 331. . . . Morris, 182 So.3d 714 (Fla. 1st DCA 2015) (summarizing section 689.07(1) to stand for the proposition . . .

HEISKELL J. v. E. MORRIS, III,, 182 So. 3d 714 (Fla. Dist. Ct. App. 2015)

. . . ownership of the property resulted in the trial court concluding,. under, the authority of section 689.07 . . . ■While title was conveyed to Plaintiff and Defendant “as Trustees,”, pursuant to Florida Statute § 689.07 . . . Also citing section 689.07, he pointed out that the Trust Agreement had been recorded on June 11, 2013 . . . As for section 689.07, he relied on subsection (1),. which “makes clear that a trust document must be . . . Le Blond, 139 Fla. 668, 190 So. 765, 767 (1939) (construing the predecessor statute to section 689.07 . . .

UNITED STATES v. BARNES, 883 F. Supp. 2d 1156 (M.D. Fla. 2011)

. . . Section 689.07(1), Florida Statutes, addresses when the word “trustee” or “as trustee” is added to the . . . Under Section 689.07(1), “a deed that simply refers to the grantee as ‘trustee’ conveys a fee simple . . . Menotte, 974 So.2d 328, 331 (Fla.2008) (construing Section 689.07(1)). . . . State § 689.07(1) and Glusman v. Warren, 413 So.2d 857, 858 (Fla. 4th DCA 1982)). . . . Section 689.07(1) was “enacted to protect persons who rely upon the public land records to obtain title . . .

In MILLER, M. E. v., 418 B.R. 406 (Bankr. N.D. Fla. 2009)

. . . . § 689.07 (2006) specifically provides that the conveyance would have been declared to have granted . . . Stat. § 689.07(1) (2006). . . .

K. RABORN, v. C. MENOTTE,, 974 So. 2d 328 (Fla. 2008)

. . . The first question is: Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 . . . In 2004, the Florida Legislature, however, added an amendment to section 689.07(1). . . . Though inartfully drafted, section 689.07(1) is unambiguous. . . . Thus, the deed falls under the “contrary intention” exception in section 689.07(1). . . . In 2004, the Florida Legislature amended section 689.07(1) in response to the U.S. . . .

In K. RABORN, K. B. v. C. K., 470 F.3d 1319 (11th Cir. 2006)

. . . FLORIDA AND ITS HONORABLE JUSTICES: This case involves the interpretation of Florida Statutes section 689.07 . . . The Bankruptcy Trustee argued that, under Florida Statutes section 689.07(1), the 1991 Deed actually . . . STAT. § 689.07(1) (2001). . . . In 2004, the Florida Legislature, however, added an amendment to section 689.07(1). . . . The Beneficiaries also contend that the 2004 amendment to section 689.07(1) only clarified the statute . . .

In K. RABORN, K. B. v. C. K., 470 F.3d 1319 (11th Cir. 2006)

ONE HARBOR FINANCIAL LIMITED COMPANY, v. HYNES PROPERTIES, LLC,, 884 So. 2d 1039 (Fla. Dist. Ct. App. 2004)

. . . APPLICATION OF SECTION 687.07, FLORIDA STATUTES In reaching its decision, the trial court applied section 689.07 . . . Section 689.07 provides: (1) Every deed or conveyance of real estate heretofore or hereafter made or . . . The purpose of section 689.07 is to protect persons who rely upon the public land records to ascertain . . . nature or purpose of either trust, and because a declaration of trust was never recorded under section 689.07 . . . appear of record among the public records of the county in which the real property is situated.” . § 689.07 . . .

CALLAVA f k a v. FEINBERG,, 864 So. 2d 429 (Fla. Dist. Ct. App. 2003)

. . . Feinberg’s alternative argument that the property cannot be Callava’s homestead by virtue of Section 689.07 . . . The purpose of Section 689.07 is “to prevent fraud being perpetrated upon persons who might subsequently . . . Section 689.07 would allow Jorge Gaviria, as Trustee to convey or encumber the property, but he did not . . . Id. § 689.07(1). . . .

W. BUTTNER, v. P. TALBOT,, 784 So. 2d 538 (Fla. Dist. Ct. App. 2001)

. . . D.R.F., Inc., 584 So.2d 35, 35 (Fla. 4th DCA 1991), it still fails under section 689.07, Florida Statutes . . . the real estate conveyed, unless a contrary intention shall appear in the deed or conveyance.... § 689.07 . . .

In C. WELLS, W. v. C. a k a, 259 B.R. 776 (Bankr. M.D. Fla. 2001)

. . . Stat. chs. 689.07-.071. . . .

ZOSMAN, v. SCHIFFER TAXIS, INC., 697 So. 2d 1018 (Fla. Dist. Ct. App. 1997)

. . . Section 689.07, Florida Statutes (1995) provides: “Trustee” or “as trustee” added to name of grantee, . . .

In SCHIAVONE, R. KAPILA, v. R. DYE, 209 B.R. 751 (Bankr. S.D. Fla. 1997)

. . . Stat. § 689.07(1) (1996). . . . Stat. § 689.07(4). . . . Stat. ch. 689.07(4). . . . Stat. § 689.07. . . . Stat. § 689.07(4). . . .

H. BECKHAM, Jr. v. RINKER MATERIALS CORPORATION, a, 662 So. 2d 760 (Fla. Dist. Ct. App. 1995)

. . . plaintiffs were not entitled to relief because Edelman owned a fee simple estate pursuant to section 689.07 . . . Section 689.07(1) states: Every deed or conveyance of real estate heretofore or hereafter made or executed . . .

In OCEAN BEACH PROPERTIES, 148 B.R. 494 (Bankr. E.D. Mich. 1992)

. . . Fla.Stat. ch. 689.07 (1991). . . .

GENUNZIO, v. L. GENUNZIO,, 598 So. 2d 129 (Fla. Dist. Ct. App. 1992)

. . . See § 689.07, Fla.Stat. (1989) (“Every deed ... in which the word[ ] ‘trustee’ ... . . .

ADAMS, v. I. ADAMS,, 567 So. 2d 8 (Fla. Dist. Ct. App. 1990)

. . . The trial court held that pursuant to section 689.07, Florida Statutes (1987), the appellant was the . . .

F. J. HOLMES EQUIPMENT, INC. v. BABCOCK BUILDING SUPPLY, INC., 553 So. 2d 748 (Fla. Dist. Ct. App. 1989)

. . . and B each took title as "trustee” but that fact has no bearing here because of the effect of section 689.07 . . .

UNITED STATES v. ROMANO a a VNA T., 757 F. Supp. 1331 (M.D. Fla. 1989)

. . . . § 689.07(1) (1987). Thus, when Mr. . . . See Fla.Stat. § 689.07(1). . . .

In A. CRABTREE, D. CRAIG, A. v. SEYMOUR, a, 871 F.2d 36 (6th Cir. 1989)

. . . . § 689.07(1) created fee simple ownership in a party, such as Crabtree, who was named as trustee in . . . On appeal, Seymour argues that, under Fla.Stat.Ann. § 689.07(4), the Agreement and Declaration of Trust . . . Seymour claims an equitable interest in the Florida property under Fla.Stat.Ann. § 689.07(4) and contends . . . Fla.Stat.Ann. § 689.07(1) provides that a deed or conveyance of real estate “in which the words ‘trustee . . . Although Fla.Stat.Ann. § 689.07(4) does provide that § 689.07 should not prevent any beneficiary under . . .

In A. CRABTREE, D. CRAIG, A. v. SEYMOUR, a, 871 F.2d 36 (6th Cir. 1989)

I. MEADOWS, v. CITICORP LEASING, INC., 511 So. 2d 622 (Fla. Dist. Ct. App. 1987)

. . . Section 689.07, Florida Statutes (1977) provides that where a grantee in a deed is named as trustee without . . .

Dr. H. K. TERRY, v. E. ZAFFRAN,, 483 So. 2d 526 (Fla. Dist. Ct. App. 1986)

. . . Taylor had described him as trustee, by virtue of section 689.07, Florida Statutes, the result would . . .

In INTERNATIONAL FOOD CORPORATION, INTERNATIONAL FOOD CORPORATION OF AMERICA, v. UNITED STATES AROSEMENA, v. INTERNATIONAL FOOD CORPORATION OF AMERICA, AROSEMENA, v. UNITED STATES, 55 B.R. 937 (Bankr. M.D. Fla. 1985)

. . . above and also by virtue of the specific provisions of the Florida Statute which provides as follows: § 689.07 . . .

FOGAZZI v. TARTAN- LAVER DELRAY, INC., 11 Fla. Supp. 2d 59 (Fla. Cir. Ct. 1985)

. . . Beach County, although such a Declaration could have been recorded at any time pursuant to Section 689.07 . . .

GLUSMAN v. T. WARREN, T. T. d b a a, 413 So. 2d 857 (Fla. Dist. Ct. App. 1982)

. . . . § 689.07(1), Fla.Stat. (1979). . . .

KIRSH, v. V. MANNEN, J. H. M., 393 So. 2d 63 (Fla. Dist. Ct. App. 1981)

. . . Mannen, as trustee, were, contrary to Section 689.07, Florida Statutes (1979) not owned by Mr. . . . Reversed. . 689.07: ‘Trustee’ or ‘as trustee’ added to name of grantee, transferee, assignee or mortgagee . . .

In COHEN, No. LT-, 4 B.R. 201 (Bankr. S.D. Fla. 1980)

. . . THE FACTS Trust No. 71-LT-100 is a land trust organized pursuant to Florida Statute 689.07. . . .

R. TURTURRO, R. v. SCHMIER,, 374 So. 2d 71 (Fla. Dist. Ct. App. 1979)

. . . second deed based upon allegations of lack of evidence of any type of trust and the provisions of § 689.07 . . . second deed was executed; (c) construction of the quoted paragraph in the second deed which, under § 689.07 . . . With regard to the previously-quoted paragraph contained in the second deed, § 689.07, Florida Statutes . . .

A. FERRARO, v. L. PARKER, L. C. A. J., 229 So. 2d 621 (Fla. Dist. Ct. App. 1969)

. . . . § 689.07, F.S.A. was supplemented in 1963 by passage of Fla.Stat. § 689.071, F.S.A. . . .

HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF HOLLYWOOD, a v. E. EMILE, T. Co- E., 216 So. 2d 443 (Fla. 1968)

. . . Section 689.07, Fla.Stat., F.S.A., applies only to deeds, mortgages and the like, of real property and . . .

NISSIM HADJES, INC. a v. Di COSTANZO,, 197 So. 2d 602 (Fla. Dist. Ct. App. 1967)

. . . Moreover, we conclude that a mortgage was intended notwithstanding 689.07 F.S.A. appears to provide to . . . true that by virtue of section 5666, Compiled General Laws of Florida 1927 [subsequently renumbered 689.07 . . . Though 689.07 F.S.A. was amended in 1959, it does not appear that the aforementioned intention as interpreted . . . precluded from declaring the conveyance to Di Costanzo, as trustee, ostensibly within the ambit of 689.07 . . . Section 689.07, Florida Statutes, F.S.A., provides, in essence, that a deed such as the one to Di Costanzo . . . warranty deed, dated May 16, 1958, to Di Costanzo, as trustee, and would have been on notice under Section 689.07 . . .

v., 46 T.C. 723 (T.C. 1966)

. . . Furthermore, sec. 689.07, as amended, provides as follows : “(1) Every deed or conveyance of real estate . . .

E. GRAMMER, v. ROMAN,, 174 So. 2d 443 (Fla. Dist. Ct. App. 1965)

. . . . § 689.07, F.S.A. . . . Fla.Stat. § 689.07, F.S.A. was supplemented in 1963 by passage of Fla.Stat. § 689.071, F.S.A. . . . The obvious purpose of the amendment is to extend the remedies of § 689.07 to third parties dealing with . . .

R. STERN, v. PERMA- STRESS, INC. a, 134 So. 2d 509 (Fla. Dist. Ct. App. 1961)

. . . His brief aptly cites Section 689.07(3), Florida Statutes 1959, F.S.A., in support of the argument that . . .

A. RESNICK, v. J. GOLDMAN,, 133 So. 2d 770 (Fla. Dist. Ct. App. 1961)

. . . chancellor correctly recognized that the bank held the property in trust, and not in fee simple under § 689.07 . . .

A. WHITESIDE, v. SHERMAN, A. V. ABBOTT, v. SHERMAN,, 122 So. 2d 799 (Fla. Dist. Ct. App. 1960)

. . . That under section 689.07, Florida Statutes, F.S.A., since Whiteside was holding both estates “as trustee . . .