Florida Statutes|Section 673.3091

                                                

673.3091 Enforcement of lost, destroyed, or stolen instrument.—

(1) A person not in possession of an instrument is entitled to enforce the instrument if:
(a) The person seeking to enforce the instrument was entitled to enforce the instrument when loss of possession occurred, or has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;
(b) The loss of possession was not the result of a transfer by the person or a lawful seizure; and
(c) The person cannot reasonably obtain possession of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process.
(2) A person seeking enforcement of an instrument under subsection (1) must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, s. 673.3081 applies to the case as if the person seeking enforcement had produced the instrument. The court may not enter judgment in favor of the person seeking enforcement unless it finds that the person required to pay the instrument is adequately protected against loss that might occur by reason of a claim by another person to enforce the instrument. Adequate protection may be provided by any reasonable means.

History.—s. 2, ch. 92-82; s. 1, ch. 2004-3.

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7 Files
Filed

Apr 16, 2018

Status

Default Judgment

Judge

Hon. KANAREK, PAUL B Trellis Spinner 👉 Discover key insights by exploring more analytics for KANAREK, PAUL B

Court

Indian River County

County

Indian River County, FL

Category

CONTRACT & INDEBTEDNESS

Practice Area

Creditor

Matter Type

General Creditor

11 Files
Filed

Sep 15, 2010

Status

Active

Judge

Hon. Janette C. Dunnigan Trellis Spinner 👉 Discover key insights by exploring more analytics for Janette C. Dunnigan

Court

Manatee County

County

Manatee County, FL

Filed

Jul 23, 2008

Status

Active

Judge

Hon. SHIELDS MCMANUS

Court

Martin County

County

Martin County, FL

Practice Area

Property

Matter Type

Foreclosure

17 Files
Filed

Oct 26, 2023

Status

Active

Judge

Hon. Maxine D. Cheesman Trellis Spinner 👉 Discover key insights by exploring more analytics for Maxine D. Cheesman

Court

Circuit

County

Palm Beach County, FL

Practice Area

Property

Matter Type

Foreclosure

6 Files
Filed

Jul 09, 2007

Status

Judgment of Foreclosure

Court

Palm Beach County

County

Palm Beach County, FL

Category

REAL PROPERTY/FORECLOSURE

Practice Area

Property

Matter Type

Foreclosure

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Filing # 70776292 E-Filed 04/16/2018 04:06:11 PM IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA THOMAS NELSON CASE NO 312018CA000273XXXXXX an individual JUDGE Plaintiff, VS. CHARLES H. GOULD an individual …

Case Filed

Apr 16, 2018

Case Status

CLOSED

County

Indian River County, FL

Filed Date

Apr 16, 2018

Category

CONTRACT & INDEBTEDNESS

Judge Hon. KANAREK, PAUL B Trellis Spinner 👉 Discover key insights by exploring more analytics for KANAREK, PAUL B
preview-icon 3 pages

Electronically Filed 11/27/2012 11:00:26 AM ET IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR MANATEE COUNTY, FLORIDA CIVIL DIVISION CASE NO. 2010 CA 008217 BANK OF AMERICA, N.A. Plaintiff, vs. ADAM J. STEELE, ET AL Defendants, / MOTION FOR LEAVE TO FILE VERIFIED AMENDED COMPLAINT TO ADD COUNT TO ENFORCE A LOST, DESTROYED OR STOLEN PROMISSORY NOTE PURSUANT TO SECTION 673.3091, FLORIDA STATUTES. Plaintiff, BANK OF AMERICA, N.A. moves this Honorable Court for leave to file a…

Case Filed

Sep 15, 2010

County

Manatee County, FL

Filed Date

Nov 27, 2012

Judge Hon. JANETTE DUNNIGAN Trellis Spinner 👉 Discover key insights by exploring more analytics for JANETTE DUNNIGAN
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Filing # 47411705 E-Filed 10/10/2016 02:05:06 PM IN THE CIRCUIT COURT OF THE 11" JUDICIAL CIRCUIT, INAND FOR MIAMI-DADE COUNTY, FLORIDA CASE NO.; 16-011913 CA-01 CIVIL COURT DIVISION NUBRO CORPORATION OF MIAML INC. a Florida Corporation Plaintiff, Vs. Mario Ernesto Sanchez, and OCEAN VILLAGE CONDOMINIUM ASSOCIATION INC. Defendants. ee J ANSWER AND AFFIRMATIVE DEFENSES OF DEFENDANT MARIO ERNESTO SANCHEZ COMES NOW the Defendant, Mario Ernesto Sanchez (Sanchez), Pro Se, a Florida resident, …

Case Filed

May 11, 2016

Case Status

CLOSED

County

Miami-Dade County, FL

Filed Date

Oct 10, 2016

Category

RPMF -Homestead ($250,000 or more)

preview-icon 3 pages

7/21/2009 3:22 PM FILED IN OFFICE LYDIA GARDNER CLERK OF CIRCUIT COURT ORANGE CO FL. IN THE CIRCUIT OF THE 9™ JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA GMAC MORTGAGE, LLC, Case # 2009-CA-19644-O Plaintiff, vs. REX LONG; et al., Defendants. DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION COMES NOW the Defendant, REX LONG, by and through his undersigned attorney, and pursuant to Rule 1.140(b)(6) of the Florida Rules of Civil Procedure, moves this honorable Court…

Case Filed

Jun 19, 2009

Case Status

Re-Closed

County

Orange County, FL

Filed Date

Jul 21, 2009

Category

CA - Mortgage Foreclosure Prop Value btwn $50,000 - 250,000

Judge Hon. Chad K Alvaro Trellis Spinner 👉 Discover key insights by exploring more analytics for Chad K Alvaro
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IN THE CIRCUIT OF THE 9™ JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA GMAC MORTGAGE, LLC, Case # 2009-CA-19644-0 Plaintiff, ms VS. Pam = = REX LONG; et al., a Defendants. % 2 rm a DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION COMES NOW the Defendant, REX LONG, by and through his undersigned attorney, and pursuant to Rule 1.140(b)(6) of the Florida Rules of Civil Procedure, moves this honorable Court to dismiss the Plaintiff's Complaint for failure to st…

Case Filed

Jun 19, 2009

Case Status

Re-Closed

County

Orange County, FL

Filed Date

Jul 17, 2009

Category

CA - Mortgage Foreclosure Prop Value btwn $50,000 - 250,000

Judge Hon. Chad K Alvaro Trellis Spinner 👉 Discover key insights by exploring more analytics for Chad K Alvaro
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