Florida · owner financing
Florida owner financing, explained.
A plain-English guide to owner financing (also called seller financing) in Florida — statute, recording, default remedies, interest caps, and where deals actually happen.
Fla. Stat. § 697.01 (instruments deemed mortgages); general contract and Ch. 501 consumer law
Recording is permitted but not statutorily mandated for CFDs specifically; recorded in the county Clerk of Court's official records under Fla. Stat. § 695.01. Documentary stamp tax applies (§ 201.02).
Foreclosure. Because § 697.01 reclassifies CFDs as equitable mortgages, sellers generally must foreclose judicially rather than declare forfeiture; buyer entitled to equity of redemption.
Is owner financing legal in Florida?
Florida recognizes 'agreements for deed' (contracts for deed). Under Fla. Stat. § 697.01, any instrument given as security for the payment of money is deemed a mortgage, so courts often treat CFDs as equitable mortgages.
How do you record a owner financing agreement in Florida?
Recording is permitted but not statutorily mandated for CFDs specifically; recorded in the county Clerk of Court's official records under Fla. Stat. § 695.01. Documentary stamp tax applies (§ 201.02).
What happens if the buyer defaults?
Foreclosure. Because § 697.01 reclassifies CFDs as equitable mortgages, sellers generally must foreclose judicially rather than declare forfeiture; buyer entitled to equity of redemption.
What is the maximum interest rate?
18% on loans up to $500,000; 25% above that (Fla. Stat. § 687.03, § 687.071 criminal usury threshold)
What disclosures are required?
Lead-based paint (federal); standard residential property disclosure (Johnson v. Davis common-law duty); documentary stamp disclosure; Truth in Lending if seller is creditor making 5+ loans/year.
Who's protected — buyer vs. seller
Buyer protections
Equitable mortgage doctrine grants foreclosure protections and equity of redemption; common-law duty to disclose material defects; consumer protection under FDUTPA (Ch. 501).
Seller protections
Right to foreclose and obtain deficiency judgment; may negotiate liquidated damages, though courts scrutinize forfeiture clauses.
Where in the state do these deals happen?
Rural North Florida and Panhandle land sales; investor-to-investor transactions; mobile home parks; speculative lot sales in Central Florida.
Florida cities
Per-city market notes for owner financing buyers and sellers.
Notable case law
H&L Land Co. v. Warner, 258 So. 2d 293 (Fla. 2d DCA 1972); Mid-State Investment Corp. v. O'Steen, 133 So. 2d 455 (Fla. 1st DCA 1961).
Looking at a Florida deal?
Send the parcel and the terms — we'll walk through whether owner financing fits, how to record it, and what the cure period looks like if things go sideways.
Talk to WyattEducational content only. Statute citations are public-record research, not legal advice. Florida contracts and remedies are fact-specific — consult a licensed Florida real-estate attorney before signing anything.