Action For Deficiency Judgment

96 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Fagan v. Robbins
  96 Fla. 91· Fla.· 1928-06-26 ·cited 58×
  In this mortgage foreclosure case, the Florida Supreme Court reversed a deficiency decree, holding that Chapter 7859, Acts of 1919, which appeared to mandate deficiency decrees, should be construed as directory and permissive rather than mandatory, thereby preserving judicial dis
• Atl. Shores Corp. v. Olof Zetterlund and Jeannette Zetterlund
  103 Fla. 761· Fla.· 1931-12-01 ·cited 56×
  Atlantic Shores Corporation appeals a deficiency decree in a mortgage foreclosure action brought by the Zetterlunds. The Florida Supreme Court reverses and remands, holding that the trial court improperly struck portions of the defendant's answer that were relevant to the discret
• Empire Life Ins. Co. OF Am. v. Valdak Corp.
  468 F.2d 330· 5th Cir.· 1972-10-12 ·cited 55×
  The Uniform Commercial Code does not apply to transactions entered into before its effective date, and a pledgee has a duty not to intentionally deplete the value of collateral.
• Weiner v. Am. Petrofina Mktg., Inc.
  482 So. 2d 1362· Fla.· 1986-02-06 ·cited 48×
  The Florida Supreme Court held that a secured creditor may obtain a deficiency judgment even after disposing of collateral in a commercially unreasonable manner, but established a presumption that the collateral's fair market value equals the total debt, shifting the burden to th
• Turk v. ST. Petersburg Bank & Tr. Co.
  281 So. 2d 534· Fla. 2d DCA· 1973-07-25 ·cited 42×
  Irving Turk appealed a jury verdict awarding the bank a deficiency judgment for $7,490 following repossession and sale of automobiles pledged as collateral. The court reversed, holding that the bank failed to comply with the Uniform Commercial Code's notice requirement and theref
• Brogan v. Ferguson
  131 So. 171· Fla.· 1930-11-26 ·cited 35×
  This case concerns whether a creditor (Brogan) can enforce a right of subrogation against a party (Quinn) who agreed to indemnify the debtor (Ferguson) for mortgage liabilities. The court ultimately reversed its prior decision, holding that Brogan could enforce Ferguson's indemni
• Hepworth v. The Orlando Bank & Tr. Co.
  323 So. 2d 41· Fla. 4th DCA· 1975-11-14 ·cited 32×
  A guarantor of a promissory note secured by collateral is a 'debtor' under the Uniform Commercial Code and is entitled to reasonable notification prior to the disposition of the collateral, and failure to provide such notice precludes a deficiency judgment.
• Fed. Deposit Ins. Corp. v. Hoover-Morris Enters.
  642 F.2d 785· 5th Cir.· 1981-04-15 ·cited 31×
  The court held that the FDIC is protected from unwritten side agreements by 12 U.S.C. § 1823(e) and federal common law, and that confirmation of a foreclosure sale is not required for out-of-state property under Georgia law.
• Barnett v. Barnett Bank OF Jacksonville
  345 So. 2d 804· Fla. 1st DCA· 1977-04-19 ·cited 30×
  The First District Court of Appeal reversed a judgment against guarantors of a promissory note, holding that under the Uniform Commercial Code, guarantors are "debtors" entitled to notice before collateral is sold and that waiving this right prior to default is prohibited by stat
• Garcia v. Dyck-O'Neal, Inc.
  178 So. 3d 433· Fla. 3d DCA· 2015-10-07 ·cited 29×
  Garcia appeals a final default judgment awarding a deficiency judgment to Dyck-O'Neal following foreclosure of his residential property. The court affirms, holding that under Florida Statute § 702.06, a mortgagee may pursue a separate deficiency action unless the foreclosure cour
• Transp. Mfg. & Equip. Co. v. Fruehauf Trailer Co.
  295 F.2d 223· 8th Cir.· 1961-10-18 ·cited 28×
  The court held that the defendants waived their right to rescind the contract due to unreasonable delay in attempting rescission after discovering defects, and that certain expenses incurred by the plaintiff in repossessing and reselling the trailers were properly deductible to m
• United States v. Wells
  403 F.2d 596· 5th Cir.· 1968-11-12 ·cited 25×
  The court held that federal law applies to deficiency judgments in the Veterans Administration's Vendee Account Loan program, and deficiency judgments should have been granted.
• S. Developers & Earthmoving, Inc. v. Caterpillar Fin. Servs. Corp.
  56 So. 3d 56· Fla. 2d DCA· 2011-02-23 ·cited 18×
  The Florida District Court of Appeal reversed a summary judgment for a deficiency judgment, holding that the creditor failed to prove the commercial reasonableness of the sale of repossessed equipment. The court found that the creditor did not provide sufficient evidence of the s
• Fed. Deposit Ins. Corp. v. DYE
  642 F.2d 837· 5th Cir.· 1981-04-17 ·cited 18×
  The court held that foreclosure sales were not consummated because no deeds were transferred and no consideration passed, thus FDIC could sue for the full outstanding balance on the notes. However, a genuine issue of material fact existed regarding whether one note had been satis
• Bank OF Okla. v. Little Judy Indus., Inc.
  387 So. 2d 1002· Fla. 3d DCA· 1980-09-09 ·cited 18×
  Bank of Oklahoma sought a deficiency judgment after selling a repossessed aircraft through a broker for $80,000. The trial court found the sale was not conducted in a commercially reasonable manner under the UCC and rendered judgment for the defendants. The appellate court affirm
• Ingersoll-Rand Fin. Corp. v. Miller Mining Co., Inc.
  817 F.2d 1424· 9th Cir.· 1987-05-26 ·cited 17×
  A secured party's failure to dispose of repossessed collateral in a commercially reasonable manner creates a presumption that the collateral's value equals the debt, eliminating any deficiency. The automatic bankruptcy stay applies to the debtor's appeal but not the guarantor's.
• Mandell v. Fortenberry
  290 So. 2d 3· Fla.· 1974-01-16 ·cited 17×
  Mandell and others sought to recover money paid to satisfy a mortgage note executed by a lessee, claiming subrogation rights against the lessee and other defendants. The Florida Supreme Court discharged the writ of certiorari, finding no direct conflict with prior decisions despi
• NAT G. Harrison Overseas Corp. v. Am. Barge SUN Coaster
  475 F.2d 504· 5th Cir.· 1973-03-08 ·cited 17×
  The court held that the Ship Mortgage Act preempts state usury laws and that the note's structure indicated payments should be applied ratably to principal and interest, requiring recomputation.
• Tendler v. Gottlieb
  126 So. 2d 308· Fla. 3d DCA· 1961-01-30 ·cited 16×
  Endorsers of a note secured by a mortgage are liable for a deficiency decree, including foreclosure costs, and inadequacy of the sale price alone does not demonstrate an abuse of judicial discretion in granting such a decree.
• Dyck-O' Neal, Inc. v. Weinberg
  190 So. 3d 137· Fla. 3d DCA· 2016-02-03 ·cited 14×
  This case concerns whether a party can pursue a deficiency judgment in a separate action after a foreclosure, even if the original foreclosure court reserved jurisdiction. The appellate court reversed the dismissal, holding that a separate action is permissible unless the foreclo
• Frazier v. Harrison O. ASH
  234 F.2d 320· 5th Cir.· 1956-06-05 ·cited 14×
  A bidder at a bankruptcy sale who bids 'as trustee' for a corporation to be formed is not personally liable for a deficiency if the corporation later ratifies the bid and the receivers and referee understood the bid was not individual.
• Dyck-O'Neal, Inc. v. Lanham
  257 So. 3d 1· Fla.· 2018-07-05 ·cited 13×
  Section 702.06, Florida Statutes (2014), permits a lender or assignee to pursue a deficiency judgment in a separate action at law if the foreclosure court reserved jurisdiction but did not adjudicate the claim.
• Dyck-O'Neal, Inc. v. McKENNA
  198 So. 3d 1038· Fla. 4th DCA· 2016-08-12 ·cited 13×
  Dyck-O'Neal, Inc. appealed a dismissal of its deficiency judgment action against Paul McKenna. The court reversed, holding that a separate deficiency action may proceed even when a foreclosure judgment reserves jurisdiction to enter a deficiency judgment, based on the unambiguous
• Boucher v. First Cmty. Bank OF Orange City
  626 So. 2d 979· Fla. 5th DCA· 1993-10-15 ·cited 13×
  Roland and Monique Boucher appealed summary judgments against them in a deficiency judgment action brought by First Community Bank after repossession of a mobile home they purchased through Pathfinder Services. The court affirmed the judgment against First Community Bank but vaca
• L.A.D. Prop. Ventures, Inc. v. First Bank
  19 So. 3d 1126· Fla. 2d DCA· 2009-10-14 ·cited 12×
  The appellate court affirmed the denial of motions to dismiss a deficiency judgment motion, finding that personal jurisdiction over a guarantor was retained and that the trial court had subject matter jurisdiction to enter a deficiency judgment in the foreclosure proceeding.
• City Nat'l Bank OF Fort Smith v. Unique Structures, Inc.
  929 F.2d 1308· 8th Cir.· 1991-04-09 ·cited 12×
  The court held that the district court did not err in ruling that notices of sale of collateral were reasonable as a matter of law and that the jury's verdict was supported by substantial evidence.
• United States v. DON B. Hart Equity Pure Tr.
  818 F.2d 1246· 5th Cir.· 1987-06-16 ·cited 12×
  The court held that due process does not require the SBA to provide borrowers with actual written notice of deferral programs or an opportunity to be heard before accelerating a loan, as borrowers are charged with knowledge of federal regulations. The court also found the SBA's d
• J. RAY McDERMOTT & Co., Inc. v. The Vessel Morning Star
  431 F.2d 714· 5th Cir.· 1970-09-15 ·cited 12×
  The court held that the jury instruction stating unsuitability of the vessels did not necessarily mean the contract was breached was erroneous, requiring reversal and remand for a new trial. The court also vacated the foreclosure judgment pending the outcome of the new trial.
• Sitton v. United States
  413 F.2d 1386· 5th Cir.· 1969-07-30 ·cited 11×
  The court held that federal law does not override Texas coverture law protecting Mrs. Sitton from personal liability on the note, and that the federal court lacked jurisdiction to review the state court's dismissal of the third-party complaint.
• FDIC v. Myers
  955 F.2d 348· 5th Cir.· 1992-03-10 ·cited 10×
  The court held that the trustee's notice of sale complied with the deed of trust and Texas law, and that the trustee owed no fiduciary or good faith duty to the debtor under Texas law at the time of the sale.
• Williams v. Kloeppel
  537 So. 2d 1033· Fla. 1st DCA· 1988-12-29 ·cited 10×
  Williams, a secured creditor, repossessed and sold a boat after the debtor defaulted, but the trial court applied the doctrine of estoppel to bar his deficiency judgment claim based on an inconsistent valuation stated in the replevin complaint. The appellate court reversed, holdi
• Great Sw. Life Ins. Co. v. Frazier
  860 F.2d 896· 9th Cir.· 1988-10-26 ·cited 10×
  The court held that a co-maker of an SBA loan note cannot assert the impairment of collateral defense under Idaho law, which was adopted as federal common law for SBA transactions.
• Leasing Serv. Corp. v. River City Constr., Inc.
  743 F.2d 871· 11th Cir.· 1984-10-09 ·cited 10×
  The court held that the assignee was a holder in due course, the sale of repossessed equipment was commercially reasonable, and the lease was not a conditional sale, but modified the damages award by striking the award for breach of the purchase option.
• United States v. Irby
  618 F.2d 352· 5th Cir.· 1980-06-05 ·cited 10×
  The court held that Mississippi real property law, not the Uniform Commercial Code, governs the reasonableness of a foreclosure sale of real property interests, and that sovereign immunity does not bar counterclaims arising from the same transaction as the government's claim.
• Calvert Fire Ins. Co. v. Environs Dev. Corp.
  601 F.2d 851· 5th Cir.· 1979-08-30 ·cited 10×
  The court held that the district court erred in granting summary judgment against Pringle and should have permitted O'Neal to intervene, reversing the decision.
• Leasing Assocs., Inc. v. Slaughter & SON, Inc.
  450 F.2d 174· 8th Cir.· 1971-10-21 ·cited 10×
  The court held that the defense of illegality based on failure to qualify to do business was not properly preserved, but the evidence was insufficient to prove reasonable notice of the log loader sale, requiring a remand for that portion of the judgment.
• Taylor v. Finlayson
  128 Fla. 444· Fla.· 1933-09-03 ·cited 9×
  The Florida Supreme Court reversed a deficiency decree in a mortgage foreclosure suit, holding that a mortgagee cannot recover for taxes and paving assessments if the mortgage does not require the mortgagor to pay them and the mortgagee has not paid them.
• United States v. Rogers
  649 F.2d 1117· 5th Cir.· 1981-07-06 ·cited 8×
  The Fifth Circuit held that a federal tax lien cannot be foreclosed against a Texas homestead when one spouse has no tax liability and Texas law treats the homestead interest as a property right, not merely an exemption.
• Int'l Paper Co. v. Whitson
  595 F.2d 559· 10th Cir.· 1979-04-02 ·cited 8×
  The United States is subject to Oklahoma's 90-day requirement for seeking a deficiency judgment after a foreclosure sale, and failure to comply extinguishes the right to seek such a judgment.
• Fritz B. Boyette v. Reliable Fin. Co.
  184 So. 2d 200· Fla. 2d DCA· 1966-03-02 ·cited 8×
  The court held that the Trustee failed to present sufficient evidence to support claims of fraud or depressed bidding due to lease assignment.
• Dyck-O'Neal, Inc. v. Hendrick
  200 So. 3d 181· Fla. 5th DCA· 2016-07-01 ·cited 7×
  A party may file a separate action at law to recover a deficiency judgment even if the foreclosure court reserved jurisdiction, as long as the foreclosure court has not yet granted or denied the deficiency claim.
• Bulls v. United States
  356 F.2d 619· 5th Cir.· 1966-02-08 ·cited 7×
• Interfirst Bank Clifton v. Fernandez
  844 F.2d 279· 5th Cir.· 1988-05-11 ·cited 6×
  The court held that personal jurisdiction was properly exercised over the defendant, Texas law was correctly applied, and the sale of the repossessed aircraft was commercially reasonable.
• Fence Wholesalers OF Am., Inc. v. Beneficial Commercial Corp.
  465 So. 2d 570· Fla. 4th DCA· 1985-03-13 ·cited 6×
  Fence Wholesalers and its individual guarantors appealed judgments for unpaid lease payments on a truck tractor after the lessor repossessed the vehicle and sold it privately. The court affirmed the lessor's right to recover remaining rent payments under the lease despite reposse
• Bemort, Inc. v. Deerfield Beach Bank
  134 So. 2d 28· Fla. 2d DCA· 1961-10-20 ·cited 6×
  Bemort, Inc. appeals the trial court's grant of summary judgment in favor of Deerfield Beach Bank on a deficiency judgment claim following a private sale of chattels. The court held that the bank's attempt to exercise a private power of sale under a separate note was an improper
• Gray v. Purchase Corp.
  573 So. 2d 205· Fla. 1st DCA· 1991-01-25 ·cited 5×
  The court held that the Grays failed to properly raise disputed issues of material fact to preclude summary judgment on the deficiency claim.
• Regions Bank v. Buoncervello
  220 So. 3d 1225· Fla. 5th DCA· 2017-05-19 ·cited 4×
  The trial court abused its discretion by dismissing the deficiency judgment action for failure to timely serve the complaint, as service was ultimately effected before dismissal.
• Gen. Elec. Cap. Corp. v. Se. Health Care, Inc.
  950 F.2d 944· 5th Cir.· 1991-12-27 ·cited 4×
  The court held that the Louisiana renotification rule, developed for leases of immovable property, does not apply to leases of movable property, and partial compliance with a notice of default does not necessarily vitiate the notice or require renotification.
• Ford Motor Credit Co. v. Jones
  584 So. 2d 205· Fla. 2d DCA· 1991-08-16 ·cited 4×
  The court held that a genuine issue of material fact exists regarding the commercial reasonableness of the collateral disposition, specifically concerning the notice provided to one of the debtors.
• Fed. Deposit Ins. Corp. v. Blanton
  918 F.2d 524· 5th Cir.· 1990-12-06 ·cited 4×
  The court held that the FDIC's sale of securities on recognized markets did not require notice to the debtor, and defects in foreclosure sales of real property entitled the debtor to a credit for fair market value, not full discharge.