THOMAS ENNIS AND AMELIA ENNIS, APPELLANTS,
v.
FINANZ UND KOMMERZ-UNION ETABL., A/K/A INTER-FLORIDA INVESTMENT ESTABLISHMENT-VADUZ, A LIECHENSTEIN CORPORATION, AND RENTEN UNION FOUNDATION, A LIECHENSTEIN CORPORATION, APPELLEES
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No merger of interests occurred when a mortgagee acquired fee simple title to mortgaged property, thus preserving the mortgage lien as superior to a judgment lien.
Appellants held a judgment lien, and the mortgagee acquired fee simple title to the mortgaged property. The trial court ruled that no merger occurred,…
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LEHAN, Judge.
We affirm the final judgment which in effect constituted a ruling that upon a con veyance to the mortgagee of fee simple title to the mortgaged property no merger of interests occurred which extinguished the mortgage. The effect of that ruling was that there is a mortgage lien superior to appellants’ judgment lien.
Whether or not such a merger occurs depends upon the intention of the person in whom interests of the foregoing kinds are united; absent manifestations of an intention by that person that there be a merger, none occurs. See Jackson v. Relf, 26 Fla. 465, 467-70, 8 So. 184, 185 (1890). The presumption is against such a merger. See Gourley v. Wollam, 348 So. 2d 1218, 1220 (Fla. 4th DCA 1977). See also Jackson.
There was evidence indicating no intention that there be such a merger. While, as appellants argue, that evidence was from testimony of biased witnesses, we may not reweigh the evidence. See Tsavaris v. NCNB National Bank, 497 So. 2d 1338 (Fla. 2d DCA 1986).
As to appellants’ remaining arguments, there was sufficient evidence to support the trial court’s determination in this case that there was no release of the mortgage lien. See Tsavaris.
Affirmed.
SCHOONOVER, C.J., and FRANK, J., concur.
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C.T.W. Co., Inc. v. Rivergrove Apts., Inc., 582 So. 2d 18 (Fla. 2d DCA 1991)…validity of the assignment. Key Bank and C.T.W. executed a written document evidencing the intent of the parties to execute an assignment of the mortgage, for the purpose of keeping the mortgage intact. See Ennis v. Finanz Und Kommerz-Union Etabl., 565 So. 2d 374 (Fla. 2d DCA 1990); Gourley v. Wollam, 348 So. 2d 1218 (Fla. 4th DCA 1977). C.T.W. is therefore entitled to be subrogated to the position of first mortgagee. One who discharges an obligation is usually entitled to subrogation if he is not merely a…
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Westbury Props., Inc. v. Cardillo, 638 So. 2d 519 (Fla. 2d DCA 1994)…ry, 589 So. 2d 451 (Fla. 2d DCA 1991). As a general rule, whether a conveyance of fee simple title to a mortgagee results in a merger depends upon the intent of the person in whom the interests are united. Ennis v. Finanz und Kommerz-Union Establ., 565 So. 2d 374 (Fla. 2d DCA 1990). There is a presumption against such a merger if it is not beneficial to the party who possesses both interests. Jackson v. Relf, 26 Fla. 465, 8 So. 184 (1890). There is nothing in this record to establish that West-bury intended…
Authorities Cited
- Tsavaris v. NCNB Nat'l Bank OF Fla. & Neofytos Theodore Tsangaris, 497 So. 2d 1338 (Fla. 2d DCA 1986)
- Jackson v. Relf, 26 Fla. 465 (Fla. 1890)
- Leach v. State, 348 So. 2d 1218 (Fla. 4th DCA 1977)
- Gourley v. Kermit Wollam and Lydia L. Wollam, 348 So. 2d 1218 (Fla. 4th DCA 1977)