TACOYA MCINTOSH, ETC.
v.
U.S. BANK NATIONAL ASSOCIATION, ETC.
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A joint tenancy with right of survivorship is terminated when any joint tenant conveys their interest to a stranger, and a purchaser of property subject to a pending mortgage foreclosure action and lis pendens is not entitled to intervene in that action.
[1] A joint tenancy with right of survivorship is terminated by conveyance of any joint tenant's interest to a third party.
[2] A purchaser of property subject to a pending mortgage foreclosure action and lis pendens is not entitled to intervene in the foreclosure action.
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Join FLexlaw to unlock all legal intelligence“The law is clear that the creation of a joint tenancy with a right of survivorship can be terminated by the conveyance of an interest of any joint tenant to a stranger.”
Cited from Wittock v. Ramponi to establish the rule on termination of joint tenancy
Tacoya McIntosh appealed a circuit court judgment in a case involving property interests and a mortgage foreclosure action in Monroe County.…
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Third District Court of Appeal
State of Florida
Opinion filed November 5, 2026.
Not final until disposition of timely filed motion for rehearing.
No. 3D25-1475
Lower Tribunal No.18-CA-471-K
Tacoya McIntosh, etc.,
Appellant,
vs. U.S. Bank National Association, etc., Appellee.
An Appeal from the Circuit Court for Monroe County, Bonnie J. Helms, Judge.
Garcia Law Firm, Trial Attorneys, and Manuel E. Garcia, for appellant. Troutman Pepper Locke LLP, and Dorrella L. Gallaway (Atlanta, GA), for appellee.
Before FERNANDEZ, LINDSEY and BOKOR, JJ.
PER CURIAM.
Affirmed. See Wittock v. Ramponi, 446 So. 2d 271, 271 (Fla. 4th DCA 1984) ("The law is clear that the creation of a joint tenancy with a right of survivorship can be terminated by the conveyance of an interest of any joint tenant to a stranger."); see also Andresix Corp. v. Peoples Downtown Nat'l Bank, 419 So. 2d 1107, 1107 (Fla. 3d DCA 1982) (“[A] purchaser of property which was then the subject of a [pending] mortgage foreclosure action and accompanying lis pendens by Peoples Downtown National Bank, was not entitled to intervene in such action.").
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Andresix Corp. v. Peoples Downtown Nat'l Bank, 419 So. 2d 1107 (Fla. 3d DCA 1982)
- Wittock v. Ramponi, 446 So. 2d 271 (Fla. 4th DCA 1984)