Action For Deficiency Judgment

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

• Lamp Fair, Inc. v. Perez-Ortiz
  888 F.2d 173· 1st Cir.· 1989-10-25 ·cited 4×
  A secured creditor cannot both retain collateral for its own use and obtain a deficiency judgment against the debtor under Article 9 of the Uniform Commercial Code.
• Piper Acceptance Corp. v. Wilburn Y. Yarbrough and Sarah Yarbrough
  702 F.2d 733· 8th Cir.· 1983-03-28 ·cited 4×
  The court held that the sale of the repossessed airplane was conducted in a commercially reasonable manner under the Arkansas Uniform Commercial Code.
• Sanford R. Burns v. Equilease Corp.
  357 So. 2d 786· Fla. 3d DCA· 1978-04-25 ·cited 4×
  Burns and other defendants appealed a trial court order granting partial summary judgment on liability in a deficiency judgment action. The appellate court reversed, holding that the trial court improperly struck defendants' defense that the creditor failed to provide required no
• Gen. Motors Acceptance Corp. v. Blanche S. Hurst
  212 So. 2d 335· Fla. 1st DCA· 1968-07-09 ·cited 4×
  General Motors Acceptance Corporation appealed a judgment dismissing its deficiency action after repossessing a financed automobile. The court reversed, holding that the 1961 amendment to Florida's Motor Vehicle Sales Finance Act abrogated the common-law doctrine of election of r
• Angel v. Bullington
  150 F.2d 679· 4th Cir.· 1945-07-19 ·cited 4×
  A North Carolina statute limiting deficiency judgments in state courts does not prevent a federal court, sitting in North Carolina, from entertaining a diversity action for a deficiency judgment on a contract valid under Virginia law.
• Dyck-O'Neal, Inc. v. Teresa Norton & Samuel Norton
  267 So. 3d 478· Fla. 2d DCA· 2019-03-15 ·cited 3×
  A deficiency action accrues for statute of limitations purposes upon entry of the foreclosure judgment and subsequent foreclosure sale, not upon default of the underlying promissory note. The Nortons failed to establish equitable estoppel because they presented no evidence of det
• United States v. DOS Cabezas Corp.
  995 F.2d 1486· 9th Cir.· 1993-06-21 ·cited 3×
  A suit to recover a deficiency debt after foreclosure is an action for money damages founded upon a contract, subject to the six-year limitations period under 28 U.S.C. § 2415(a). The automatic bankruptcy stay does not toll the limitations period for actions against non-debtor co
• Citi-Lease Co. v. Ent. Fam. Style, Inc.
  825 F.2d 1497· 11th Cir.· 1987-08-27 ·cited 3×
  The court held that the contract created a security interest, and the lessor's failure to provide notice of repossession and sale of the collateral forfeited its right to a deficiency judgment.
• Walton Motor Sales, Inc. v. F.H. Ross, Jr.
  736 F.2d 1449· 11th Cir.· 1984-07-19 ·cited 3×
  The court held that a creditor seeking a deficiency judgment must provide a detailed accounting of asset disposition, and that shareholder agreements can permit directors to divest themselves of certain management control.
• Dyck-O'Neal, Inc. v. Beckett
  200 So. 3d 179· Fla. 5th DCA· 2016-07-01 ·cited 2×
  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.
• Velazquez v. S. Fla. Fed. Credit Union
  89 So. 3d 952· Fla. 3d DCA· 2012-04-18 ·cited 2×
  Appellants defaulted on a boat loan secured by a ship mortgage and sought review of a summary judgment for a deficiency after the vessel was repossessed and sold. The court affirmed the judgment, finding the credit union's actions complied with applicable law, but cautioned again
• PMI Mortg. Ins. Co. v. Cavendar
  615 So. 2d 710· Fla. 3d DCA· 1993-01-05 ·cited 2×
  A lender, or its subrogee, may bring a separate action at law to recover a deficiency from original mortgagors who were not parties to the foreclosure proceeding against a subsequent owner.
• Veresta L. Grant v. Southtrust Bank OF Nw. Fla.
  605 So. 2d 171· Fla. 1st DCA· 1992-09-17 ·cited 2×
  A creditor is only required to send reasonable notice of collateral sale, not prove actual receipt by the debtor.
• Resolution Tr. Corp. for First Sav. & Loan Ass'n of Waco & First Sav. & Loan Ass'n of Temple v. Northpark Joint Venture
  958 F.2d 1313· 5th Cir.· 1992-04-24 ·cited 2×
  The court held that a premature notice of appeal was effective and that Texas law governed the guaranties, making the guarantors liable for the unsatisfied indebtedness.
• Fed. Deposit Ins. Corp. v. Lanier
  926 F.2d 462· 5th Cir.· 1991-03-18 ·cited 2×
  The court held that the guarantors received adequate notice of the collateral sale under Texas law, and the sale was commercially reasonable, thus affirming the deficiency judgment.
• United States v. Harvey
  602 F.2d 740· 5th Cir.· 1979-09-17 ·cited 2×
  The court held that the Louisiana Deficiency Judgment Act does not preclude the SBA from seeking a deficiency judgment when debtors, not the creditor, arrange the private sale of collateral without appraisement.
• United States v. Sims
  586 F.2d 580· 5th Cir.· 1978-12-21 ·cited 2×
  The SBA's release of collateral without notice to the guarantor did not automatically extinguish the guaranty, but the guarantor is discharged to the extent of the collateral's value, requiring a determination of that value.
• Gen. Fin. Corp. OF Jacksonville v. Stratton
  156 So. 2d 664· Fla. 1st DCA· 1963-10-08 ·cited 2×
  General Finance Corporation appealed a judgment dismissing its deficiency claim against Richard Stratton under a motor vehicle retail installment contract. The trial court found that when plaintiff's agent repossessed the vehicle, defendant's wife reasonably inferred that volunta
• Enviropower Renewable Inc. v. Ritger
  337 So. 3d 424· Fla. 3d DCA· 2021-12-29 ·cited 1×
  A security agreement provision waiving valuation procedures for the sale of collateral does not constitute an express waiver of the right to an evidentiary hearing on fair market value for purposes of calculating a deficiency judgment unless the language clearly and unmistakably
• Rhoden v. Fed. Deposit Ins. Corp.
  619 So. 2d 480· Fla. 2d DCA· 1993-06-11 ·cited 1×
  The court held that a mortgagor is entitled to full credit for rental profits earned during receivership against a deficiency judgment, and these profits cannot be applied to a nonrecourse debt.
• Credit Acceptance Corp. v. Hale
  Fla. 1st DCA· 2025-10-01
  A secured party need not prove disposition of collateral was done in a commercially reasonable manner unless the debtor places the secured party's compliance in issue.
• Century Bank v. M/V Summer 69
  S.D. Fla.· 2025-07-07
  The court rejected the magistrate judge's report and recommendation, finding that the departure of the vessels does not moot the case and that a deficiency judgment can be pursued.
• First Nat'l Bank of Oneida, N.A. v. Brandt
  M.D. Fla.· 2020-02-24
  Summary judgment is granted for the plaintiff bank because the defendant failed to present sufficient evidence that the collateral properties were sold for materially less than their fair market value, thus failing to overcome the statutory presumption.
• NRG Inv. P'rs v. MDC 6
  Fla. 2d DCA· 2019-03-06
  NRG Investment Partners appealed the trial court's dismissal of its deficiency judgment action against MDC 6, LLC and others. The court reversed the dismissal, holding that NRG's filing of a notice of hearing on its pending motion for deficiency judgment within sixty days of the
• Dyck-O'Neal, Inc. v. Meikle
  215 So. 3d 604· Fla. 4th DCA· 2017-04-05
  Dyck-O'Neal, Inc. appealed a summary judgment dismissing its deficiency judgment action against Trevor Meikle. The court reversed, holding that personal jurisdiction in the deficiency action was proper despite prior service by publication in the foreclosure action, and that Flori
• Ludvick Ibanez v. 21ST Mortg. Corp.
  207 So. 3d 901· Fla. 4th DCA· 2017-01-04
  A homeowner appealed a trial court's summary judgment awarding mortgage insurance proceeds to MGIC, a non-party to the foreclosure deficiency action. The court held that it is fundamental error to enter judgment in favor of a non-party, and MGIC should have brought a separate act
• Dyck-O'Neal, Inc. v. Karakostas Konstantinos
  251 So. 3d 220· Fla. 2d DCA· 2016-12-09
  Dyck-O'Neal, Inc. purchased a foreclosure judgment and filed a separate deficiency action against the homeowner. The trial court dismissed the action, holding it lacked subject matter jurisdiction because the original foreclosure proceeding had reserved jurisdiction over the defi
• Denault v. G. Robert Toney & Assocs., Inc.
  199 So. 3d 437· Fla. 4th DCA· 2016-08-24
  The breach of a separate listing agreement does not prevent enforcement of a mortgage agreement, even if the listing agreement was breached.
• Hicklin
  Del.· 2009-03-27
  The Delaware Supreme Court held that a trial court's application of a "50% of adjudicated value" rule as the sole determinant of commercial reasonableness for a sale of repossessed collateral was an erroneous application of the UCC standard. The Court further held that a secured
• Linardos v. Lilley
  590 So. 2d 1064· Fla. 4th DCA· 1991-12-18
  An attorney cannot bind a client to a settlement agreement without clear and unequivocal authorization from the client, and such authorization will not be inferred from the circumstances where the client's testimony contradicts it.
• Citizens Nat'l Bank OF Naples v. Winthrop W. Gilman
  566 So. 2d 343· Fla. 2d DCA· 1990-08-31
  The Florida District Court of Appeal reversed a final judgment in favor of Gilman in a promissory note deficiency case, holding that the trial court prematurely entered judgment before the bank completed presenting its evidence, including expert handwriting testimony that had bee
• Couch v. Borg-Warner Acceptance Corp.
  543 So. 2d 370· Fla. 1st DCA· 1989-05-16
  This case concerns whether a secured creditor must provide notice of a collateral sale to a guarantor when the sale is conducted by a bankruptcy trustee, not the creditor. The court held that the notice requirement under Florida Statutes Section 679.504(3) does not apply to sales
• Ford Motor Credit Co. v. Solway
  825 F.2d 1213· 7th Cir.· 1987-08-11
  A guarantor is bound by a commercially reasonable disposition standard agreed upon in a related financing agreement, and notice of a private sale sent to the guarantor's last known address is sufficient.
• Horta v. Flanigan's Enters. Emps. Credit Union, Inc.
  488 So. 2d 657· Fla. 3d DCA· 1986-05-20
  The court reversed a judgment on the pleadings entered against debtors in a deficiency judgment action brought by a credit union, holding that the debtors' pro se response alleging lack of notice of the public auction sale raised a sufficient legal defense that precluded summary
• N.G. Hayes, Jr. v. Ring Power Corp.
  431 So. 2d 226· Fla. 1st DCA· 1983-05-04
  Hayes purchased a Caterpillar tractor from Ring Power Corporation but defaulted on payments. Ring Power repossessed and sold the tractor at what it claimed was a public sale, then sought a deficiency judgment. The court reversed the summary judgment, holding that Ring Power faile
• Gen. Motors Acceptance Corp. v. Dana
  48 Fla. Supp. 171· Broward Cty. Ct.· 1978-12-05
  General Motors Acceptance Corporation sought a deficiency judgment against Maria G. Dana after repossessing and selling a vehicle securing her conditional sales contract. The court held that mailing notice of sale via certified mail to the debtor's address on file, even though re
• Brown v. Warren Wooten Ford, Inc.
  245 So. 2d 268· Fla. 4th DCA· 1971-03-12
• Chrysler Credit Corp. v. Palmieri
  35 Fla. Supp. 37· Dade Cty. Small Cl. Ct.· 1970-11-25
  Chrysler Credit Corporation sought a deficiency judgment of $648.99 against the Palmieris following repossession and sale of their automobile after theft. The court found the deficiency claim barred by the plaintiff's failure to conduct a commercially reasonable sale under the Un
• Midland-Guardian OF Pensacola, Inc. v. Carr
  425 F.2d 793· 5th Cir.· 1970-05-07
• Mongoose GIN Co. & Clinton Manges v. United States
  331 F.2d 483· 5th Cir.· 1964-04-15
  The court held that the trial court did not err in striking the appellants' defensive pleadings, and therefore the deficiency judgment was proper.
• Gen. Fin. Corp. of Fla. v. Carvajal
  23 Fla. Supp. 25· Dade Cty. Small Cl. Ct.· 1964-04-09
  The finance charge in a conditional sales contract for a new motor vehicle is computed on the principal balance at the time of contract execution, not on descending balances.
• Bulldog Concrete Forms Sales Corp. v. Taylor
  195 F.2d 417· 7th Cir.· 1952-03-31
  The court held that the seller's assignee substantially complied with the Indiana Conditional Sales Act regarding notice and conduct of resale, and that the defendants failed to show prejudice from any alleged defects.
• Commercial Merchs. Nat. Bank & Tr. Co. of Peoria v. LE Tourneau
  137 F.2d 87· 7th Cir.· 1943-06-28
  A mortgagee who takes a quitclaim deed as additional security, but then treats the property as fee simple and conveys it, merges the mortgage into the fee and extinguishes the debt.