The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 702
FORECLOSURE OF MORTGAGES AND STATUTORY LIENS

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F.S. 702.035

702.035 Legal notice concerning foreclosure proceedings.—Whenever a legal advertisement, publication, or notice relating to a foreclosure proceeding is required to be placed in a newspaper, it is the responsibility of the petitioner or petitioner’s attorney to place such advertisement, publication, or notice. For counties with more than 1 million total population as reflected in the 2000 Official Decennial Census of the United States Census Bureau as shown on the official website of the United States Census Bureau, any notice of publication required by this section shall be deemed to have been published in accordance with the law if the notice is published in a newspaper that has been entered as a periodical matter at a post office in the county in which the newspaper is published, is published a minimum of 5 days a week, exclusive of legal holidays, and has been in existence and published a minimum of 5 days a week, exclusive of legal holidays, for 1 year or is a direct successor to a newspaper that has been in existence for 1 year that has been published a minimum of 5 days a week, exclusive of legal holidays. The advertisement, publication, or notice shall be placed directly by the attorney for the petitioner, by the petitioner if acting pro se, or by the clerk of the court. Only the actual costs charged by the newspaper for the advertisement, publication, or notice may be charged as costs in the action.

History.—s. 4, ch. 2001-215; s. 7, ch. 2006-175; s. 2, ch. 2007-185.

F.S. 702.035 on Google Scholar

F.S. 702.035 on Casetext

Amendments to 702.035

Arrestable Offenses / Crimes under Fla. Stat. 702.035

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 702.035.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DAVIS v. A. KARR, M. D. M. D. P. A. D B A M. D., 264 So. 3d 279 (Fla. App. Ct. 2019)

. . . 203 So.3d 1003, 1005 (Fla. 2d DCA 2016) (declining to consider constitutional challenge to section 702.035 . . .

SHELTON, v. BANK OF NEW YORK MELLON f k a a E. E. E. T. N. A., 203 So. 3d 1003 (Fla. Dist. Ct. App. 2016)

. . . He argues that the published notice of sale was defective because it did not comply with section 702.035 . . . Section 702.035, titled “Legal notice concerning foreclosure proceedings,” provides in relevant part: . . . Although the issue of whether section 702.035 is an unconstitutional special law was argued at the hearing . . .

WHITBURN, LLC, v. WELLS FARGO BANK, N. A., 190 So. 3d 1087 (Fla. Dist. Ct. App. 2015)

. . . Whitburn also alleged that the notice of sale failed to comply with section 702.035, Florida Statutes . . .