Bona Fide Purchaser

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

• In re Autorama Tool & DIE Co. v. United States
  412 F.2d 369· 6th Cir.· 1969-06-16 ·cited 2×
  The court affirmed the district court's judgment regarding the priority of unsecured federal taxes but reversed the judgment concerning the priority of secured tax liens.
• Darden v. Houtz
  353 F.2d 369· 4th Cir.· 1965-11-10 ·cited 2×
  The court held that the plaintiff failed to prove a contract with the defendant Houtz, failed to prove Houtz had notice of the plaintiff's prior contract, and failed to prove sufficient tender or performance of his own contract.
• James Talcott, Inc. v. Kolberg
  344 F.2d 119· 6th Cir.· 1965-04-20 ·cited 2×
  The court held that the District Court's findings of forgery, unproven signature, and fraud were supported by the evidence, and no error of law occurred.
• Alexander Schroeder Lumber Co. v. Minerales y Metales
  331 F.2d 135· 5th Cir.· 1964-04-20 ·cited 2×
  The court held that Schroeder's actions in unloading, re-manufacturing, and retaining the lumber constituted conversion, and the trial court's damage calculation was fair.
• Donoghue v. Beeler
  149 So. 2d 534· Fla.· 1963-01-30 ·cited 2×
• Ohio Cas. Ins. Co. v. Smith
  297 F.2d 265· 7th Cir.· 1962-01-11 ·cited 2×
  The court held that a recipient of embezzled funds who receives them in good faith for valuable consideration, without knowledge of the felony, prevails over the victim, and that the trial court did not err in directing a verdict for the defendants.
• Frederica Gonterman v. John Nicholas in Bankr. of Osceola Groves, Inc.
  270 F.2d 509· 5th Cir.· 1959-10-06 ·cited 2×
  A conveyance cannot be fraudulent as to creditors if no creditors existed at the time of the transfer, and a conveyance with adequate consideration, even between related parties, is not fraudulent.
• Mfrs. & Traders Tr. Co. v. First Nat'l Bank IN Fort Lauderdale
  113 So. 2d 869· Fla. 2d DCA· 1959-07-22 ·cited 2×
  Manufacturers and Traders Trust Company appeals a foreclosure decree, arguing that First National Bank's second mortgage lacked consideration and was subordinate to its earlier judgment lien. The court affirmed, holding that the bank's acceptance of a renewal note with a definite
• Abramson v. George Gardner in Bankr. of the Est. of Feldman-Selje Corp. Bankrupt
  253 F.2d 518· 9th Cir.· 1958-03-11 ·cited 2×
  The court held that a judicial sale of property to a creditor with knowledge of the debtor's insolvency, within four months of bankruptcy, is voidable by the trustee, especially when there was no change in possession.
• Gillespie v. W. A. Ransom Lumber Co.
  234 F.2d 285· 5th Cir.· 1956-06-15 ·cited 2×
  The court held that the sale of logs to Ransom was valid because Ransom was a bona fide purchaser and title had not yet passed to Gillespie under Louisiana law, as Gillespie had not paid the full price and taken possession.
• H. R. Goldtrap and wife v. Mancini
  86 So. 2d 141· Fla.· 1956-01-11 ·cited 2×
  The Florida Supreme Court affirmed a judgment quieting title to real property in favor of a bona fide purchaser who acquired land through an estate sale, rejecting the appellants' challenge to the validity of the probate administration proceedings on the grounds that such challen
• United States v. Fid. & Deposit Co. of Md.
  214 F.2d 565· 5th Cir.· 1954-07-06 ·cited 2×
  The court held that a bona fide mortgagee's lien is superior to prior federal tax liens when the mortgagee had no notice of the mortgagor's fraudulent conveyance of the property. It also held that federal tax liens do not automatically attach to property fraudulently conveyed bef
• Smith v. Landis
  211 F.2d 166· 5th Cir.· 1954-03-12 ·cited 2×
  A devolutive appeal from a judgment rejecting a claim of nullity and ordering a sale does not stay the execution of that judgment, and a sale conducted under such a judgment is valid against a subsequent claim of nullity based on a later reversal of the original underlying judgme
• Schockett v. Bromley
  198 F.2d 257· 10th Cir.· 1952-06-28 ·cited 2×
  An order denying leave to intervene, where intervention is permissive and discretionary, is not appealable absent an abuse of discretion.
• Taylor Engines, Inc. v. ALL Steel Engines, Inc.
  192 F.2d 171· 9th Cir.· 1951-10-26 ·cited 2×
  The court held that a subsequent grantee of patent rights, who acquired title with notice of a prior unrecorded license, takes subject to that license, and the grantor's after-acquired title inures to the benefit of the prior grantee.
• Gould v. Hiram Walker & Sons, Inc.
  142 F.2d 544· 7th Cir.· 1944-05-13 ·cited 2×
  A purchaser at an auction sale, where the terms explicitly state the sale is subject to all outstanding equities and without warranty, has a duty to investigate title and cannot claim to be a bona fide purchaser without notice if they fail to do so.
• Thlocco v. Magnolia Petroleum Co.
  141 F.2d 934· 5th Cir.· 1944-04-12 ·cited 2×
  A good faith purchaser for value from a trustee, relying on a Texas statute protecting such transactions, acquires good title, and limitations statutes run against an adjudicated incompetent of sound mind.
• Knott Cnty. v. Aid Ass'n for Lutherans
  140 F.2d 630· 6th Cir.· 1944-01-24 ·cited 2×
  A county is estopped from asserting the illegality of its bonds against an innocent purchaser when the bonds contain recitals of compliance with law and constitutional limitations.
• Newfield v. Oosterhuis. in re A. Stieglitz & Co., Inc.
  137 F.2d 437· 2d Cir.· 1943-08-10 ·cited 2×
  The court held that the trial court's findings were supported by the evidence, and therefore the judgment must be affirmed.
• In re Hutcherson. Hutcherson v. Jeffrey
  133 F.2d 959· 7th Cir.· 1943-02-24 ·cited 2×
  The court held that an unrecorded assignment of a judgment, even if made before the Chandler amendment, constituted a voidable preference under the Bankruptcy Act because it was not perfected against a bona fide purchaser and was subject to the Act's provisions.
• Fleeger v. Ames
  120 F.2d 803· 10th Cir.· 1941-06-11 ·cited 2×
  The court held that the evidence was sufficient to establish fraud and that the claims were not barred by laches or estoppel.
• Coconut Grove Exch. Bank v. Fleming Novelty Works
  107 Fla. 1· Fla.· 1932-10-08 ·cited 2×
  Coconut Grove Exchange Bank sought to foreclose on chattel mortgages held by Fleming Novelty Works, but the court upheld the lower court's finding that the mortgages and subsequent assignments lacked valid consideration and were not made in good faith, making them void as to cred
• Adolph Ullman and L. S Heilbron v. Lockhart
  51 Fla. 602· Fla.· 1906-01-01 ·cited 2×
  Lockhart sought to foreclose a mortgage he claimed to have purchased from M. J. Terrell, who held a mortgage from C. P. McGrath. The lower court found the mortgage fraudulent but still granted Lockhart priority over certain judgment creditors, relying on those creditors' claims o
• Alvarez v. Bowden
  39 Fla. 450· Fla.· 1897-06-01 ·cited 2×
  Appellant Alvarez sought to enjoin appellee Bowden from selling real property under execution. The Florida Supreme Court reversed the trial court's dissolution of the injunction, finding the evidence insufficient to support a finding that Alvarez's deed from the judgment debtor w
• Lucinda Gainer v. Russ
  20 Fla. 157· Fla.· 1883-06-01 ·cited 2×
  A creditor sought to set aside a land conveyance by judgment debtors to their relative, alleging it was fraudulent and made to hinder debt collection. The Florida Supreme Court affirmed the lower court's decree setting aside the deed, finding the conveyance was made to shield ass
• Loring v. Dunning & Palmer
  16 Fla. 119· Fla.· 1877-01-01 ·cited 2×
  In this creditor's bill, the Florida Supreme Court upheld a decree treating a conveyance of property by judgment debtor Mrs. Carr to Caleb Loring as constructively fraudulent and imposing a lien on the property to the extent of consideration paid by Loring, rather than allowing a
• B.A. Mortg., LLC v. Baigorria
  Fla. 4th DCA· 2020-07-15 ·cited 1×
  A mortgage recorded in the public records constitutes constructive notice of a prior encumbrance, and a purchaser who fails to conduct a title search cannot ignore documents in the public records; therefore, the homeowners had constructive notice of the mortgage and were not bona
• Bazzichelli v. Deutsche Bank
  274 So. 3d 414· Fla. 3d DCA· 2019-04-03 ·cited 1×
  Francesca Bazzichelli appeals an order denying her motion to vacate a foreclosure judgment and certificate of title after Deutsche Bank sought to correct an erroneous abbreviation of its name in the final judgment and related documents. The court affirmed the trial court's denial
• Benavente v. Ocean Vill. Prop. Owners Assoc., Inc.
  260 So. 3d 313· Fla. 4th DCA· 2018-11-28 ·cited 1×
  The Homeowners appealed a nonfinal order denying their motion to vacate a foreclosure judgment and quash constructive service of process. The Association foreclosed on a lien for unpaid assessments but failed to properly exercise due diligence in locating the Homeowners before re
• Wallace v. Watkins
  253 So. 3d 1204· Fla. 5th DCA· 2018-08-17 ·cited 1×
  Bernice Wallace and Rodney Strawter appealed an order reopening the summary administration of Helen Watkins's estate and determining that Terry Watkins Sr., Delphine Watkins, and Joyce Watkins were intestate heirs despite their exclusion from the original 2001 summary administrat
• HSBC Bank USA, N.A. v. Perez
  165 So. 3d 696· Fla. 4th DCA· 2015-05-06 ·cited 1×
  Two banks held nearly identical promissory notes for the same mortgage loan due to a fraudulent scheme. HSBC Bank and LaSalle Bank both sought to foreclose. The court held that the Uniform Commercial Code (Article 9), not Florida's mortgage recording statute, governs priority bet
• United States v. Smith
  1991 WL 182838· M.D. Fla.· 2013-07-12 ·cited 1×
  The court held that the petitioner, as liquidator of TCI FX Traders, failed to establish a superior title or bona fide purchaser status for the forfeited funds, thus the government's motion for summary judgment was granted.
• United States v. Browne
  552 F. Supp. 2d 1342· S.D. Fla.· 2008-04-24 ·cited 1×
  The court held that Patricia Browne's petition to adjudicate her interest in forfeited property should be dismissed for failure to state a claim, as she failed to establish a legal interest under New York law or bona fide purchaser status.
• Mortg. Elec. Registration Sys. v. Mahler
  928 So. 2d 470· Fla. 4th DCA· 2006-05-03 ·cited 1×
  MERS appealed a trial court order finding that the Daleys satisfied a foreclosure judgment and were bona fide purchasers of property. The Fourth District reversed, holding that the Daleys failed to satisfy the judgment under Florida Statute section 701.04 (the specific statute co
• United States v. One Single Fam. Residence at 2200 SW 28th Ave.
  204 F. Supp. 2d 1361· S.D. Fla.· 2002-05-15 ·cited 1×
  The court held that the government met its burden to show the property was subject to forfeiture, and that federal forfeiture law preempts state homestead protections.
• Williams v. Aloisi
  271 B.R. 676· M.D. Fla.· 2002-01-15 ·cited 1×
  The court affirmed the bankruptcy court's denial of relief from the automatic stay but reversed and remanded the denial of equitable relief against the debtor's home, requiring further findings on the debtor's knowledge of the use of stolen funds.
• Hardemon v. United Cos. Lending Corp.
  746 So. 2d 1231· Fla. 3d DCA· 1999-12-29 ·cited 1×
  Roy Hardemon appeals from a judgment quieting title in favor of United Companies Lending Corporation, a mortgagee that loaned money to Hardemon's co-owner based on a recorded deed. The court affirmed, holding that United was a bona fide purchaser for value without notice and is t
• Decker v. United States
  837 F. Supp. 1148· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that petitioners failed to prove by a preponderance of the evidence that they held a superior legal interest in the forfeited properties or that they were bona fide purchasers without cause to believe the property was subject to forfeiture.
• United States v. Dean
  835 F. Supp. 1383· M.D. Fla.· 1993-10-22 ·cited 1×
  The court held that the petitioners failed to prove by a preponderance of the evidence that they had a legal right, title, or interest in the High Seas Restaurant that vested in them rather than Lester Clark Dean, nor that they were bona fide purchasers for value without knowledg
• Whitice Bonding Agency, Inc. v. Levitz
  559 So. 2d 755· Fla. 4th DCA· 1990-05-02 ·cited 1×
  This case concerns the priority of lien rights between a mortgage holder (Whitice) and a judgment creditor (First Union) on two properties owned by Levitz. The appellate court affirmed the trial court's finding that First Union's lien was superior on one lot but reversed the find
• F.J. Holmes Equip., Inc. v. Babcock Bldg. Supply, Inc.
  553 So. 2d 748· Fla. 5th DCA· 1989-12-14 ·cited 1×
  This case addresses the priority dispute between an equitable beneficiary of an unrecorded resulting trust and a judgment creditor's lien. The court held that a judgment creditor's lien is superior to the beneficiary's equitable interest when the creditor extended credit in relia
• Avery Dev. Corp. v. The Vill. BY THE SEA Condo. Apts., Inc.
  539 So. 2d 616· Fla. 4th DCA· 1989-03-22 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to dissolve a temporary injunction, finding a sufficient basis in the record for the injunction.
• Hadley v. EF Hutton & Co., Inc.
  707 F. Supp. 509· M.D. Fla.· 1989-03-13 ·cited 1×
  The court denied summary judgment on most issues, finding material facts in dispute, but granted summary judgment for the plaintiff on the statute of limitations defense as to negligence and conversion claims.
• Sephus v. Gozelski
  670 F. Supp. 1552· S.D. Fla.· 1987-04-29 ·cited 1×
  The court held that the execution sale was void due to lack of proper notice to the judgment debtors, violating their due process rights and Florida statutory requirements.
• Ramaria Familienstiftung v. United States
  643 F. Supp. 139· S.D. Fla.· 1986-05-29 ·cited 1×
  The court held that the property was purchased with proceeds from illegal drug activities and was subject to forfeiture, and that the mortgage was a sham. Therefore, the plaintiffs took nothing.
• Montez Howard v. Metcalf
  487 So. 2d 43· Fla. 2d DCA· 1986-03-14 ·cited 1×
  Montez Howard contracted to purchase a liquor license from Irene Kinard for $42,500, but a third party's restraining order prevented the transfer. After the restraining order was dissolved, Kinard sold the license to the Metcalfs instead. Howard sued for breach and specific perfo
• In re MacQUOWN v. MacQUOWN
  717 F.2d 859· 3d Cir.· 1983-09-26 ·cited 1×
  The court held that for purposes of determining whether a transfer occurred within one year of bankruptcy under § 14(c)(4) of the Bankruptcy Act of 1898, the relevant date is when the deed is recorded, not when it is executed, especially when the transfer is gratuitous.
• Brown v. Ignatius C. Quina and Bertha N. Quina
  192 So. 2d 544· Fla. 1st DCA· 1966-12-08 ·cited 1×
  The court reversed a summary judgment that had dismissed the plaintiffs' damages action based on the Statute of Frauds. The court held that because a prior appeal had already established the plaintiffs' easement rights through parol evidence in an equity suit, the question of the
• Davis v. Cities Serv. OIL Co.
  338 F.2d 70· 10th Cir.· 1964-11-12 ·cited 1×
  The court held that the assignee of an oil and gas lease has no duty to file an affidavit of production to protect an overriding royalty interest when the assignee itself does not obtain production from the leasehold.
• Peoples Bank & Tr. Co. v. United States
  332 F.2d 597· 5th Cir.· 1964-06-09 ·cited 1×
  The court held that the facts found by the trial court were not legally sufficient to impose a duty on the claimant-bank to investigate the husband's reputation as a liquor law violator.