Bona Fide Purchaser

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

• Burden v. Versman
  934 F.2d 164· 8th Cir.· 1991-05-24
  The court held that the transfers of Universal's assets were not bona fide transfers in the ordinary course of business, entitling the creditors to an equitable lien on the transferred property.
• In re First Cap. Mortg. Loan Corp. v. Segal
  917 F.2d 424· 10th Cir.· 1990-10-12
  The court held that recovered property under a preference claim automatically becomes part of the bankruptcy estate, regardless of its original character.
• Fed. Deposit Ins. Corp. v. Slinger
  913 F.2d 7· 1st Cir.· 1990-08-30
  The court held that the Purchase and Sale Agreement remained enforceable until the foreclosure sale, and that the district court correctly determined the priority of claims and Slinger's personal liability.
• Rosalinda Martinez v. Kennedy Real Est. OF Labelle, Inc.
  565 So. 2d 399· Fla. 2d DCA· 1990-08-10
  In this Florida homestead property case, the court affirmed a summary judgment determining that a mortgage executed by a deceased mother was valid and enforceable against her minor child's ownership interest in the homestead property, despite the mortgage being recorded after the
• In re Konowitz v. Konowitz
  905 F.2d 55· 4th Cir.· 1990-06-06
  A post-petition foreclosure sale transfer to a good faith purchaser is avoidable if the transfer is not perfected under state law before notice of the bankruptcy petition is filed.
• In re First Cap. Mortg. Loan Corp. v. Segal
  872 F.2d 335· 10th Cir.· 1989-03-27
  The dissenting judge believes the lower courts correctly denied recovery of funds to Research-Planning.
• Bennerson v. Beresford & Marie Small v. Frank Weisner Real Est. Co. & as Agent for William Ephraim & Frank Weisner
  842 F.2d 710· 3d Cir.· 1988-03-30
  A forged deed cannot pass good title, and purchasers with notice of pending litigation are not bona fide purchasers.
• In re Bell & Beckwith v. Connelly
  838 F.2d 844· 6th Cir.· 1988-02-02
  The court held that an attorney receiving assets as a fee from a client involved in a massive fraud had a duty to inquire into the source of those assets, and failure to do so meant he was charged with constructive knowledge of the fraud.
• In re Schauer v. Calvert
  835 F.2d 1222· 8th Cir.· 1987-12-18
  A bankruptcy trustee cannot transfer patronage margin certificates without the cooperative's consent, as federal bankruptcy law does not override state law property restrictions and the certificates are not subject to state securities law notation requirements.
• In re Rama Carson Stanford and Gene Ramon Stanford v. Butler
  826 F.2d 353· 5th Cir.· 1987-09-02
  Texas ad valorem tax liens on real property are statutory liens for purposes of the Bankruptcy Code's secured claim provisions, and are thus secured claims.
• In re Sandy Ridge OIL Co., Inc. v. Centerre Bank Nat'l Ass'n
  832 F.2d 75· 7th Cir.· 1987-08-25
  A recorded instrument that fails to disclose the preparer's name, as required by Indiana law, nevertheless imparts constructive notice to a bona fide purchaser.
• White Castle Sys., Inc. v. Blohm
  807 F.2d 313· 2d Cir.· 1986-12-16
  The court held that a right of first refusal in a lease does not survive the lease termination and a month-to-month holdover tenancy unless the parties expressly intend it to.
• Konas v. Coastal Lumber Co.
  496 So. 2d 868· Fla. 1st DCA· 1986-10-13
  Konas, a second mortgagee, appeals summary judgment favoring Coastal Lumber Company in a dispute over standing timber on mortgaged property. The court reverses, holding that an oral, unrecorded timber sale agreement is inferior to a subsequently-recorded mortgage because the sell
• Fed. Deposit Ins. Co. v. Malin
  802 F.2d 12· 2d Cir.· 1986-09-23
  A conveyance made pursuant to a separation agreement, even if intended to hinder creditors, cannot be set aside by a judgment creditor if the transferee provided fair consideration and had no knowledge of the fraud at the time of the transfer.
• Miele v. United States
  637 F. Supp. 998· S.D. Fla.· 1986-06-20
  The court held that the transfer of property from the taxpayer to his wife was a bona fide conveyance for valuable consideration and could not be set aside as a fraudulent conveyance by the United States.
• Beville v. Rolland S. Freeman
  483 So. 2d 813· Fla. 2d DCA· 1986-02-19
  The estate of Dr. Byron Beville appeals a judgment imposing a constructive trust on property he acquired as partial owner of a marina. The court reversed, holding that where parties reach an arm's-length agreement supported by valuable consideration and shareholders approve a dir
• In re WWG Indus., Inc. v. United Textiles, Inc.
  772 F.2d 810· 11th Cir.· 1985-09-30
  A mechanic's lien, properly perfected under state law, is superior to the rights of a debtor-in-possession even if the lien is perfected after the bankruptcy petition is filed, provided the perfection relates back to a time before the petition.
• United States v. LaROSA
  765 F.2d 693· 7th Cir.· 1985-06-20
  The court held that parol evidence was admissible to reform a deed when the written description conflicted with physical boundary markers, and the purchasers were not bona fide purchasers due to constructive notice.
• Mooring v. Brown
  763 F.2d 386· 10th Cir.· 1985-05-28
  A recorded judgment lien is superior to the rights of subsequent purchasers and improvers, even if they are unaware of the lien, unless they qualify as good faith improvers based on a reasonable, non-negligent mistake.
• Great Am. Mgmt. & Inv. v. Fowler
  430 So. 2d 545· Fla. 2d DCA· 1983-04-29
  Great American Management and Investment appealed a judgment ruling that Fowler, White's law firm lien on Skyway Development Corporation's property was superior to Great American's mortgage lien. The appellate court reversed, holding that the law firm was not a bona fide purchase
• Kimberly & European Diamonds, Inc. v. Burbank
  684 F.2d 363· 6th Cir.· 1982-07-29
  The court held that the Uniform Commercial Code provision allowing a person with voidable title to transfer good title to a good faith purchaser was inapplicable, and thus the defendant, who was not a bona fide purchaser, could not acquire title to the converted diamond.
• Edwina Rossi v. Madison
  407 So. 2d 978· Fla. 4th DCA· 1981-12-14
  The appellate court held that the buyer of a liquor license had notice of the lessor's claim to the license, thus was not a bona fide purchaser.
• LaGROW v. Flagship Bank OF Orlando
  400 So. 2d 123· Fla. 5th DCA· 1981-06-17
  The court held that the bank failed to satisfy its duty of inquiry to attain bona fide purchaser status regarding the LaGrows' interest in the property.
• Riggs v. Morgan
  390 So. 2d 157· Fla. 3d DCA· 1980-11-18
  Mercedes Riggs appeals a trial court judgment requiring her to convey property to Jimmy Brown (who held an oral contract to sell it to the Morgans) and awarding damages to the Morgans for breach of the underlying oral sales contract. The court enforced the oral contract through s
• Cap. Am., Inc. v. Indus. Discounts, Inc.
  383 So. 2d 936· Fla. 4th DCA· 1980-05-07
  Capital America sought rescission and subrogation rights after purchasing property from B.E.C., Inc. and later discovering that B.E.C., Inc. had fraudulently represented that prior mortgages held by Industrial Discounts, Inc. had been paid off when they had not. The court affirme
• Groves v. Cumberland Cap. Corp. & Richard Dance
  522 F.2d 446· 6th Cir.· 1975-07-31
  The court affirmed the district court's judgment, finding that the defendant was not a bona fide purchaser for value based on Tennessee law.
• Elmando Sewer v. Martin
  511 F.2d 1134· 3d Cir.· 1975-03-03
  A grantor's lien can be imposed on property even if the grantee's spouse, who handled the transaction, was unaware of the full consideration, and the spouse holding title is not considered a bona fide purchaser if they abdicated responsibility.
• In re LEE v. United States
  468 F.2d 1249· 9th Cir.· 1972-08-28
  The bankrupt administratrix held the liquor license as a constructive trustee for the decedent's estate due to her breach of fiduciary duty.
• Harmony Homes, Inc. v. Zeit
  260 So. 2d 218· Fla. 1st DCA· 1972-04-06
  Harmony Homes, a mobile home manufacturer, appealed a summary judgment awarding possession to the Zeits, good faith purchasers who bought a mobile home from an intermediary dealer without receiving a certificate of title at sale. The court affirmed, holding that good faith purcha
• Johns-Manville Corp. v. Vill. OF DeKALB
  439 F.2d 656· 8th Cir.· 1971-03-12
  The validity of revenue bonds issued to a bona fide purchaser is determined by the regularity of the authorization and issuance proceedings and the stated public purpose, not by the legality of the specific project financed.
• Chevron OIL Co. v. Clark
  432 F.2d 280· 5th Cir.· 1970-09-28
  A tender of a letter of credit, even if protested, may be sufficient security if the operator demands more than the agreement allows and retains the tender. A suspended corporation's assets cannot be validly transferred by its president without board approval, especially when the
• Girlie v. Seymour Katz
  237 So. 2d 58· Fla. 3d DCA· 1970-06-16
  A former husband cannot create an enforceable lien on his undivided interest in homestead property by executing notes and mortgages to his attorney, even if assigned to a third party.
• Merchants-Produce Bank v. Mack Trucks, Inc.
  411 F.2d 1174· 8th Cir.· 1969-06-13
  The court held that the bank's failure to comply with Missouri's motor vehicle title transfer statute rendered its mortgage invalid against a bona fide purchaser.
• Dailey v. Am. Steel Fence Co., Inc.
  31 Fla. Supp. 200· Lake Cty. Cir. Ct.· 1969-02-25
  A fence sold under an unrecorded retain-title contract was removed by the vendor when subsequent bona fide purchasers of the property took possession without knowledge of the agreement. The court held that the vendor's unrecorded agreement to keep the fence as personalty cannot b
• Wilson v. Hanson A. Mitchell and Shirley D. Mitchell
  203 So. 2d 213· Fla. 3d DCA· 1967-10-24
  The appellate court reversed a summary final decree, finding that material issues of fact remained regarding an agency relationship and whether certain defendants were bona fide purchasers. The court emphasized the movant's burden to conclusively show the non-existence of factual
• Wheeler v. Nat'l Labor Relations Bd.
  382 F.2d 172· D.C. Cir.· 1967-07-20
  The court held that the National Labor Relations Board's declination to order a bona fide successor employer to reinstate employees discriminatorily discharged by a prior owner was within the Board's authority and supported by substantial evidence.
• Am. Sterilizer Co. v. Brown
  378 F.2d 237· 2d Cir.· 1967-05-01
  The court held that the conditional seller prevailed because the buyer's assignee could not establish title, as the corporation that granted the mortgage never owned the equipment sold under the conditional sales contract.
• Habersin Camera Shops, Inc. v. Am. Express Co.
  28 Fla. Supp. 97· Dade Cty. Small Cl. Ct.· 1967-03-25
  A camera shop owner recovered $780 plus costs from American Express for stolen and forged traveler's checks he accepted in good faith from customers who presented identification matching the signature on the checks. The court held that traveler's checks function as the equivalent
• PAN Am. Petroleum Corp. & Socony Mobil Oil Co., Inc. v. Verde OIL Co., Inc.
  367 F.2d 461· 5th Cir.· 1966-10-25
  The court held that the evidence was insufficient to establish that the purchaser had notice of the seller's fraudulent intent, thus the conveyance could not be set aside.
• Richter's Jewelry Co., Inc. v. Frank's Fine Jewelry, Inc.
  188 So. 2d 37· Fla. 3d DCA· 1966-06-21
  Richter's Jewelry appeals from a summary judgment in favor of Frank's Fine Jewelry in a replevin action to recover a diamond ring. The court reversed, holding that the original seller transferred a voidable title to the fraudulent buyer by delivering the ring without restriction,
• Pac. Metal Co. v. Fairell D. Joslin
  359 F.2d 396· 9th Cir.· 1966-03-10
  The court held that a conditional sale contract, which contained provisions allowing for repossession and a deficiency judgment, was invalid as a conditional sale under Washington law and could not be reformed to affect the rights of the bankruptcy trustee representing creditors.
• Butler v. Mirabelli
  179 So. 2d 868· Fla. 2d DCA· 1965-10-21
  Butler, who regained possession of a yacht from Mach II, appeals a replevin judgment that awards him possession of the vessel subject to Mirabelli's chattel mortgage lien and interest damages rather than loss-of-use damages. The court affirms, holding that the trial court properl
• Talley Holmes v. Erline B. Jones
  343 F.2d 301· D.C. Cir.· 1965-01-14
  A conveyance found void due to the grantor's lack of understanding cannot support a subsequent trust deed, even if the assignee is a bona fide purchaser.
• In re Jones v. Bank OF Lincolnwood
  329 F.2d 360· 7th Cir.· 1964-03-20
  The court held that petitioners ratified the trust deed transaction and were estopped from denying its validity due to their actions and reliance by the respondent.
• Wallace v. Kilbride
  319 F.2d 760· 3d Cir.· 1963-06-20
  The court held that a transfer of property to a husband, for which the wife paid the purchase price, creates a resulting trust in favor of the wife, and such a transfer is not fraudulent as to the husband's creditors.
• United States v. Cambridge Tr. Co.
  300 F.2d 76· 1st Cir.· 1962-03-06
  The appellate court affirmed a jury's wrongful death verdict, finding the award of $16,000.00 not grossly inadequate and that improper arguments by defense counsel did not warrant a new trial.
• Universal C. I. T. Credit Corp. v. Thursbay Chevrolet Co., Inc.
  136 So. 2d 15· Fla. 1st DCA· 1961-12-12
  Universal C.I.T. Credit Corporation sought subrogation rights to a mortgage on the Cannington home after funds from illegal "out of trust" car sales were allegedly used to pay off the mortgage. The court held that Universal C.I.T. failed to prove its entitlement to subrogation un
• Castner v. Ziemer
  125 So. 2d 134· Fla. 2d DCA· 1960-12-07
  A purchaser of a used motor vehicle cannot claim bona fide purchaser status if they fail to inquire with the Motor Vehicle Commissioner about the title status, as the burden is placed on the purchaser by statute.
• Newell R. Hays v. W. B. Darden in Bankr. of Tri-State Constr. Co.
  284 F.2d 932· 10th Cir.· 1960-11-09
  The court held that the trustee could recover the reasonable value of fraudulently transferred property, less offsets for valid liens discharged by the transferee, but not also recover for the use value of that property.
• Roth v. Raidle
  16 Fla. Supp. 55· Palm Beach Cty. Cir. Ct.· 1960-03-24
  In a breach of contract and fraudulent conveyance case, the court dismissed plaintiff's amended complaint for failure to state a cause of action in equity, finding that the plaintiff had not adequately alleged facts showing the initial sale from Dolin to County Land Development C