Plaintiff recorded a Notice of Lis Pendens in Book 24799 at Page 1162 of the Official Records of Palm Beach County, Florida.12.In Florida, the failure to record an assignment of mortgage, as with failure torecord a deed or mortgage, renders them invalid as against subsequent purchasers or mortgageesfor value and without notice.
13.Florida Statutes §695.01 (1) provides that no conveyance, transfer, or mortgage of real property, or
of any interest therein
, shall be good and effectual in law or equity againstcreditors or subsequent purchasers for a valuable consideration and without notice, unless same be recorded according to law (2011).
14.Florida Statutes §701.02 (1) provides that an assignment of mortgage upon real property or of any interest therein, is not good or effectual in law or equity, against creditors or subsequent purchasers, for a valuable consideration, and without notice, unless same is recordedaccording to law (2011).
COUNT IDECLARATORY JUDGMENT (F.S. § 48.23 (2011))
15.The Plaintiff repeats and re-alleges the allegations contained in paragraphs 1through 14.16.This is an action for declaratory judgment and supplemental relief.17.Florida Statues §48.23(1)(d) provides that the recording of a lis pendensconstitutes a bar to the enforcement against the property described in the notice of all interestsand liens unrecorded at the time of recording of the notice unless the holder of any such
Manufacturers’ Trust Co. v. People’s Holding Co., 110 Fla. 451 (1933).
McCahill v. Travis Co.
, 45 So.2d 191 (Fla. 1950).
This section also applies to assignments of mortgages resulting from transfers of all or any part of the debt, note or notessecured by mortgage. F.S. 701.02(2) (2011).