Bona Fide Purchaser

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

• Bauman v. Peacock
  80 So. 2d 365· Fla.· 1955-05-18 ·cited 3×
  In this title dispute, the Florida Supreme Court held that a judgment creditor who records a judgment against a contract purchaser cannot claim the superior legal protections afforded to bona fide purchasers because only equitable interests were involved. The court affirmed the t
• Cap. City Bank of Tallahassee v. The Lewis State Bank
  143 Fla. 768· Fla.· 1940-07-23 ·cited 3×
  This case concerns a bank's liability for paying a check with an unauthorized endorsement. The court held that both banks involved were at fault and divided the loss equally between them.
• Burgoyne v. Chadwick Mather Co.
  129 Fla. 850· Fla.· 1937-11-05 ·cited 3×
  The Florida Supreme Court affirmed a lower court's decision dismissing a widow's lawsuit. The widow alleged that two companies fraudulently sold assets to hinder her collection of a debt owed by a third company, but the court found no abuse of discretion by the chancellor in dism
• Bender v. Gen. Elec. Supply Corp.
  117 Fla. 275· Fla.· 1934-11-15 ·cited 3×
  A creditor sought to attach real property in the name of O. F. Bender to satisfy a judgment debt, claiming the property was fraudulently conveyed to his wife Margaret. The Florida Supreme Court reversed, holding that where property was purchased with the wife's separate funds and
• Gover v. Mann
  117 Fla. 22· Fla.· 1934-10-15 ·cited 3×
  Gover, a mortgagee who had recorded a satisfaction of his mortgage, challenged a foreclosure by Mann, the assignee of a subordinate mortgage that Mann acquired after the satisfaction was recorded. The Court affirmed the foreclosure decree, holding that Mann, as a good-faith purch
• Lavinia Lodiska Jones v. Ledley W. Wear
  111 Fla. 69· Fla.· 1933-06-15 ·cited 3×
  In a creditor's suit against a judgment debtor, the court determined that conveyances of real property made by Hugh Wear to his son Ledley Wear in 1928-1929 were fraudulent transfers intended to hinder collection of debts. The Supreme Court of Florida reversed the trial court's d
• Jockmus v. Claussen & Knight, Inc.
  S.D. Fla.· 1930-08-06 ·cited 3×
  Defendant executed three promissory notes to Shoreland Corporation as part of a property purchase contract; Shoreland Corporation pledged the notes to plaintiff as security for a debt, and later became insolvent and unable to perform the underlying contract. The court held that k
• James W. Taylor as the Sole Heir v. Cummer Lumber Co.
  59 Fla. 638· Fla.· 1910-01-01 ·cited 3×
  The Florida Supreme Court affirmed a decree foreclosing the Cummer Lumber Company's mortgage on real estate purchased through a partnership between Lorenzo Taylor and Richard Silsbe Jr. The court held that Silsbe, as the ostensible owner and active partner, had authority to encum
• Soknoh P'rs v. Audio Visions S., Inc.
  319 So. 3d 175· Fla. 2d DCA· 2021-05-12 ·cited 2×
  The appellate court reversed a grant of summary judgment, finding that a genuine issue of material fact existed regarding whether the buyer of real property had notice of an unrecorded parking easement. The court determined that the buyer's knowledge of a "handshake deal" for par
• Citimortgage v. Porter
  261 So. 3d 739· Fla. 3d DCA· 2018-12-19 ·cited 2×
  CitiMortgage appeals summary judgment favoring Sun West regarding priority of mortgage liens on a residential property. CitiMortgage's first mortgage was recorded in 2005, but suspicious documents—including a satisfaction purportedly executed in 2009 but recorded in 2012 and a di
• 90 Cwelt-2008 v. Yacht Club at Portofino Condo Assoc.
  245 So. 3d 925· Fla. 3d DCA· 2018-04-25 ·cited 2×
  Where a foreclosure judgment is void due to lack of proper service of process on an interested party, the trial court may vacate the certificates of sale and title as a necessary and logical extension of vacating the void judgment, and the bona fide purchaser protection statute d
• Suzana Popescu v. Laguna Master Ass'n, Inc.
  184 So. 3d 1196· Fla. 4th DCA· 2016-01-06 ·cited 2×
  A foreclosure purchaser appealed the trial court's vacation of her certificate of sale and certificate of title after the homeowner exercised the right of redemption by paying off the association lien prior to the foreclosure sale, even though the purchaser had no notice of this
• Desak v. Vanlandingham
  98 So. 3d 710· Fla. 1st DCA· 2012-10-05 ·cited 2×
  The personal representative of Helen Desak's estate appealed the dismissal of a fraudulent transfer claim against Vanlandingham Farms, Inc., challenging whether the statute of limitations had run. The court reversed, holding that recording a deed alone does not establish that a c
• Mayfield v. First City Bank OF Fla.
  95 So. 3d 398· Fla. 1st DCA· 2012-08-02 ·cited 2×
  The Mayfields purchased property in 2009 and obtained a mortgage from BB&T, both properly recorded. Unknown to them, a prior deed and mortgage from 2006 had been recorded for only 73 minutes before being voided due to clerk error, then the Mayfields purchased the same property. F
• Starlines Int'l Corp. v. Union Planters Bank, N.A.
  976 So. 2d 1172· Fla. 4th DCA· 2008-03-19 ·cited 2×
  Starlines International Corp. purchased a one-half interest in real property secured by a mortgage taken out by Alma O'Connell. The mortgage secured Note 2 ($400,000), but a dragnet clause in Note 2 also purported to secure pre-existing Note 1 ($825,000). The court reversed summa
• Mercedes Homes, Inc. v. Goldsmith
  866 So. 2d 779· Fla. 4th DCA· 2004-03-03 ·cited 2×
• United States v. Medina Cuartes
  155 F. Supp. 2d 1338· S.D. Fla.· 2001-04-11 ·cited 2×
  The court adopted the magistrate judge's report and recommendation, denying the petitioner's claim to forfeited funds because he failed to establish bona fide purchaser status due to objectively unreasonable reliance on a third-party intermediary.
• Dubai Islamic Bank v. Attorneys' Title Ins. Fund
  778 So. 2d 413· Fla. 3d DCA· 2001-01-31 ·cited 2×
• Gordon v. Aqua-Solar Assocs.
  722 So. 2d 910· Fla. 1st DCA· 1998-12-04 ·cited 2×
  The court held that factual issues exist regarding whether Parkside had implied actual notice of the Gordons' claim, precluding summary judgment.
• Bancflorida v. Hayward
  659 So. 2d 1329· Fla. 3d DCA· 1995-09-06 ·cited 2×
  BancFlorida appealed summary judgments in consolidated foreclosure cases, arguing it held purchase money mortgages with priority over contract purchasers' equitable liens. The Third District Court of Appeal affirmed, holding that while BancFlorida was a purchase money mortgagee,
• First Nat'l Bank OF the Fla. Keys v. Rosasco
  622 So. 2d 554· Fla. 3d DCA· 1993-08-03 ·cited 2×
  The court held that the bank, as a bona fide purchaser with a perfected security interest in the stock, was entitled to the proceeds from its sale, free of any adverse claims.
• Hayes v. H.J.S.B.B. Joint Venture
  595 So. 2d 1000· Fla. 4th DCA· 1992-03-04 ·cited 2×
  The court reversed a judgment quieting title to property in favor of a joint venture against subsequent purchasers. The court held that under Florida's Uniform Partnership Act, joint ventures are governed by partnership law, and bona fide purchasers without notice of a quitclaim
• Battles v. State
  593 So. 2d 587· Fla. 1st DCA· 1992-02-07 ·cited 2×
  Harry Battles appeals his conviction for dealing in stolen property and the trial court's restitution order requiring him to repay a good faith purchaser. The court affirms both the conviction and restitution order, holding that a good faith purchaser for value of stolen property
• In re Woods Farmers Coop. Elevator Co. v. Carter
  946 F.2d 1411· 8th Cir.· 1991-10-24 ·cited 2×
  The court held that the bankruptcy trustee could not avoid the statutory liens because they were enforceable against a bona fide purchaser under North Dakota law, even if not against a buyer in the ordinary course of business.
• United States v. Kramer
  807 F. Supp. 707· S.D. Fla.· 1991-07-22 ·cited 2×
  The court found that the evidence presented at the ancillary hearing sufficiently corroborated the jury's verdict of guilty on RICO counts, establishing the money laundering activities and justifying the forfeiture of assets.
• N. Am. Sav. Ass'n v. Metroplex Dev. P'ship
  931 F.2d 1073· 5th Cir.· 1991-05-28 ·cited 2×
  The court held that the notice of appeal was timely filed and reversed the summary judgment, finding that the plaintiff failed to present evidence of asset distribution to the defendant under the Trust Fund Doctrine.
• Interstate Cigar Co. & ICC Ind. Warehouse v. The United States
  928 F.2d 221· 7th Cir.· 1991-03-19 ·cited 2×
  The court held that the district court erred in granting summary judgment for the government, as the plaintiff's potential remedy against its supplier was not an adequate remedy at law to preclude equitable relief.
• Boyd v. LaMASTER
  927 F.2d 237· 6th Cir.· 1991-03-07 ·cited 2×
  A donee of trust assets, even if innocent, can be compelled to return them if they were wrongfully transferred from the trust, and the statute of limitations does not begin to run until the life tenant's death.
• In re Seaway Express Corp. v. Warren L. Erickson for Seaway Express Corp.
  912 F.2d 1125· 9th Cir.· 1990-08-30 ·cited 2×
  A bankruptcy trustee, acting as a bona fide purchaser of real property under 11 U.S.C. § 544(a)(3), prevails over a creditor's unrecorded equitable interest in that property, even if the debtor's acquisition of the property breached a contract, provided the trustee had no actual
• Moats v. First Sanlando Bank, N.A.
  567 So. 2d 446· Fla. 5th DCA· 1990-08-23 ·cited 2×
  Summary judgment for the Bank is reversed because material issues of fact regarding ownership of the horses remain unresolved.
• Zois Shuttie v. Festa Rest., Inc.
  566 So. 2d 554· Fla. 3d DCA· 1990-08-14 ·cited 2×
  Artist Zois Shuttie delivered 16 paintings to gallery owner John Guggenheim as a consignee/agent for sale on consignment. Guggenheim subsequently loaned the paintings to Festa Restaurant as security for a $25,000 loan without Shuttie's permission. Shuttie sued in replevin to reco
• United States v. Anthony Stazola. Appeal of Lavinia Gibbons and Sylvester Miller
  893 F.2d 34· 3d Cir.· 1990-01-08 ·cited 2×
  The court held that the district court had the authority to order eviction under 21 U.S.C. § 853(g) and that state law provisions regarding uninhabitable premises did not extend the tenants' possessory interest beyond November 30, 1989.
• Kivel v. United States
  878 F.2d 301· 9th Cir.· 1989-06-26 ·cited 2×
  A reasonable inspection of the public index of deeds, under California law, requires a searcher to investigate documents that may impart notice of a taxpayer's alias, even if those documents appear to be of historical or limited current effect.
• Crudele v. Accent Realty OF Jacksonville, Inc.
  541 So. 2d 742· Fla. 3d DCA· 1989-04-11 ·cited 2×
• Green v. Foley
  856 F.2d 660· 4th Cir.· 1988-09-13 ·cited 2×
  The court held that the district court abused its discretion in denying relief from judgment under Fed.R.Civ.P. 60(b)(3) because newly discovered evidence of fraud and misrepresentation prevented the defendant from presenting a meritorious defense.
• In re Pitman v. Mid-State Homes, Inc.
  843 F.2d 235· 6th Cir.· 1988-03-30 ·cited 2×
  A mortgage transfer made on the same day as the transfer of a warranty deed, in exchange for the deed, constitutes a contemporaneous exchange for new value under 11 U.S.C. § 547(c)(1), and is not avoidable as a preference.
• In re Hagendorfer v. Smith
  803 F.2d 647· 11th Cir.· 1986-11-03 ·cited 2×
  A mortgage with a mutual mistake in the property description, which is recorded and identical to the error in the deed, provides constructive notice to a trustee in bankruptcy, allowing for reformation of the mortgage.
• Winkler v. Texoma Prod. Co.
  758 F.2d 1360· 10th Cir.· 1985-04-01 ·cited 2×
  The court held that the plaintiff failed to exhaust administrative remedies by not appealing the Bureau of Land Management's decision regarding lease assignments.
• Hockett v. Larson
  742 F.2d 1123· 8th Cir.· 1984-09-06 ·cited 2×
  A deed with one genuine grantor signature and one forged signature is partially valid, conveying only the interest of the genuine grantor and severing the joint tenancy.
• Brown & Root, Inc. v. Ring Power Corp.
  450 So. 2d 1245· Fla. 5th DCA· 1984-06-07 ·cited 2×
  Brown & Root seeks to recover a Caterpillar loader stolen from it in Texas and later purchased in good faith by Ring Power Corporation in Louisiana. The court held that Florida's public policy against allowing thieves to transfer title to innocent purchasers outweighs comity cons
• Geosearch, Inc. v. Watt
  721 F.2d 694· 10th Cir.· 1983-11-07 ·cited 2×
  The court held that the "Amendment and Disclaimer" filed by RSC was effective, rendering the first drawees qualified. Consequently, second drawees and their assignees lack standing to contest leases issued to qualified first drawees, and overriding royalty interests of RSC and it
• In re Destro v. Stuhley
  675 F.2d 1037· 9th Cir.· 1982-04-26 ·cited 2×
  An equitable lien, established through partial performance and estoppel, is superior to a bankruptcy trustee's claim as a judgment lien creditor, even if not perfected as a legal lien.
• Theadores W. Ross v. Chase Fed. Sav. & Loan Ass'n
  424 So. 2d 779· Fla. 3d DCA· 1981-06-30 ·cited 2×
• In re Mission Marine Assocs., Inc.
  633 F.2d 678· 3d Cir.· 1980-10-30 ·cited 2×
  The court held that a New Jersey statutory lien for materials furnished for vessel construction is invalid against a debtor in bankruptcy if it would be invalid against a bona fide purchaser under New Jersey law.
• Cull v. Hurth
  384 So. 2d 295· Fla. 4th DCA· 1980-06-11 ·cited 2×
  The court held that the trial court's order, which denied a motion to set aside a judicial sale while simultaneously reserving ruling on a motion to vacate the underlying final judgment, constituted a departure from the essential requirements of law.
• Hastings Potato Growers Ass'n v. Pomar
  296 So. 2d 55· Fla. 1st DCA· 1974-06-18 ·cited 2×
  A Florida agricultural cooperative sought to foreclose on a mortgage of trust property held by a trustee. The trial court voided the mortgage because the trustee lacked authority to encumber trust property without court approval, which the court had previously ordered. The appell
• Edina State Bank v. MR. Steak, Inc.
  487 F.2d 640· 10th Cir.· 1973-09-14 ·cited 2×
  A restriction on stock transfer is ineffective against a pledgee who lacks actual knowledge of it, even if the issuer believes the stock was purchased for investment, if the restriction is not conspicuously noted on the certificate as required by UCC § 8-204.
• Golden v. Hayes
  277 So. 2d 816· Fla. 1st DCA· 1973-05-22 ·cited 2×
  Appellants challenge a judgment declaring the appellee owns all oil and mineral rights to property the appellants purchased. The court affirmed, finding that a correction deed from 1954 properly reaffirmed the appellee's original mineral rights reservation and that subsequent pur
• In re Steel Structures, Inc. v. Star Mfg. Co. & Detroit Gasket & Mfg. Co.
  466 F.2d 207· 6th Cir.· 1972-08-03 ·cited 2×
  The court affirmed the lower court's decision, holding that the transaction constituted a fraudulent conveyance and a voidable preference under the Bankruptcy Act.
• Zofnas v. Eveline Foulds Holwell
  234 So. 2d 1· Fla.· 1970-04-08 ·cited 2×
  Although deeds executed by a married woman without her husband's joinder are void, she can be estopped from asserting their invalidity under specific circumstances where equity demands it.