JEFFERSON NATIONAL BANK OF MIAMI BEACH, A NATIONAL BANKING ASSOCIATION, APPELLANT,
v.
THREE WAY CORPORATION, A FLORIDA CORPORATION, APPELLEE
Explore caselaw by topic → Browse Equitable Mortgage cases and more on FLexlaw
The basic question presented upon this appeal concerns the legal effect upon the title to real property of a recorded “Agreement Not to Encumber”. The real property was mortgaged after the agreement was recorded. The appellant bank to whom the agreement was given was made a party to a foreclosure instituted by the appellee corporation. The bank appeals a final judgment which held that the bank did not have a prior lien on the land.
The appellant has presented four points, all of which argue that the agreement is in actuality an equitable mortgage. Unfortunately this question is not presented *434by the record. Appellant was made a defendant but failed to offer evidence at the final hearing. Without proof of more than a breach of the contract not to encumber by the person who was also the mortgagor, there can be no prejudicial error in the foreclosure of the mortgage. Therefore we must decline to pursue the question further.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Manatee Fed. Sav. & Loan Ass'n v. Pace, 378 So. 2d 95 (Fla. 2d DCA 1979)…o encumber or transfer real property have held that such an agreement does not in itself create a security interest in the property. Hansen v. Five Points Guaranty Bank, 362 So. 2d 962 (Fla. 1st DCA 1978); Jefferson National Bank v. Three Way Corp., 232 So. 2d 433 (Fla. 3d DCA 1970). Whether the agreement not to encumber or transfer created an equitable lien on the property depends on whether the Williams and Palmer intended to offer the land as security for the debt. Such intent must be clearly established.…