Bona Fide Purchaser

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

• Aguon v. Pilar Lujan Calvo
  829 F.2d 845· 9th Cir.· 1987-10-05 ·cited 13×
  The court held that the Marketable Title Act, not equitable estoppel, governs the dispute, and reversed and remanded because the lower courts failed to consider the Act.
• Niccolls v. Jennings
  92 So. 2d 829· Fla.· 1957-01-30 ·cited 13×
  Mary Hall Niccolls appeals a decree requiring her to return stock fraudulently obtained from innocent third parties through a stock broker's scheme. The Florida Supreme Court affirmed the lower court's decision, holding that even though Niccolls was a good-faith purchaser under t
• Ritch v. Eichelberger
  13 Fla. 169· Fla.· 1869-01-01 ·cited 13×
  Ritch, a mortgagee, sued to set aside a foreclosure sale of mortgaged property conducted by the sheriff under a judgment execution, alleging that the defendants conspired to manipulate the sale process to deprive him of his security despite having other unsold property sufficient
• Nationstar Mortg., LLC v. Ronald and Susan Weiler
  227 So. 3d 181· Fla. 2d DCA· 2017-05-26 ·cited 12×
  Nationstar Mortgage appealed a trial court order denying its motion to vacate a foreclosure judgment, certificate of sale, and certificate of title. The court reversed, holding that the trial court violated Nationstar's due process rights by allowing the Weilers (nonparty purchas
• Dian Lewis v. Fifth Third Mortg. Co.
  38 So. 3d 157· Fla. 3d DCA· 2010-02-10 ·cited 12×
  Dian Lewis, a Florida attorney residing in the Bahamas, appealed the trial court's denial of her motion to vacate a default judgment and final foreclosure judgment on her Miami property. The court affirmed, holding that the affidavit of diligent search was facially sufficient to
• In re Forfeiture of One 1988 Lincoln Town CAR v. DeGregorio
  826 So. 2d 342· Fla. 2d DCA· 2002-05-01 ·cited 12×
  The appellate court reversed a summary judgment in favor of a claimant in a forfeiture action, finding the claimant lacked standing to contest the forfeiture of a 1988 Lincoln Town Car because he did not hold legal title. The court also clarified that the 45-day deadline for fili
• In re Prof'l Inv. Props. OF Am. v. Kent
  955 F.2d 623· 9th Cir.· 1992-01-30 ·cited 12×
  The court held that the contents of the involuntary bankruptcy petition provided sufficient inquiry notice to the trustee of the Briggs' unrecorded interest, precluding the trustee from invoking avoidance powers under 11 U.S.C. § 544.
• Caribank v. Frankel
  525 So. 2d 942· Fla. 4th DCA· 1988-05-11 ·cited 12×
  Caribank appealed a summary final judgment of foreclosure in which the trial court found that the Frankels' equitable lien, arising from their contract and deposit with Three "D" Development, was superior to Caribank's mortgage lien because Caribank had actual knowledge of the Fr
• In re Worcester v. Worcester
  811 F.2d 1224· 9th Cir.· 1987-02-26 ·cited 12×
  The court held that a material irregularity in the foreclosure sale notice, coupled with a grossly inadequate price, is sufficient to set aside the sale under California law, and that the debtor's tender of payment was validly made.
• In re Forfeiture OF ONE 1946 Lockheed L-18 Loadstar v. City OF Zephyrhills
  493 So. 2d 10· Fla. 2d DCA· 1986-07-11 ·cited 12×
  The court held that an unrecorded bill of sale for an aircraft does not establish ownership for the purpose of protecting the aircraft from forfeiture under Florida law.
• Holly Hill Acres, Ltd. v. Charter Bank OF Gainesville
  314 So. 2d 209· Fla. 2d DCA· 1975-05-30 ·cited 12×
  A note that incorporates the terms of a mortgage by reference is non-negotiable, preventing the assignee from being a holder in due course and allowing the maker to raise defenses against the assignee.
• Mariam v. Katiba Cook and Audrey M. Katiba
  190 So. 2d 309· Fla.· 1966-09-21 ·cited 12×
  The Florida Supreme Court reversed the District Court of Appeal, holding that J. J. Katiba is equitably estopped from denying petitioners' title to real property based on his 1942 deed conveying the property to their predecessor, even though he later acquired an after-acquired in
• United States & Ellis Campbell, Jr. v. Creamer Indus., Inc.
  349 F.2d 625· 5th Cir.· 1965-07-02 ·cited 12×
  The federal tax lien does not attach to property that was erroneously omitted from a deed when the United States had no notice of the buyer's equitable right to reformation at the time the lien arose.
• McMAHON v. Caribbean Mills, Inc.
  332 F.2d 641· 10th Cir.· 1964-06-03 ·cited 12×
  The court held that the plaintiff was a bona fide purchaser and holder in due course of the promissory notes, and that the notes were not void as against public policy.
• Marchand v. DE Soto Mortg. Co.
  149 So. 2d 357· Fla. 2d DCA· 1963-01-30 ·cited 12×
  The court held that a lis pendens notice, filed more than one year prior, should be discharged and the deposit refunded when the underlying claim was transferred to the deposit and no statutory exceptions applied.
• Joseph Cohen in Bankr. of N.Y. Invs. Mut. Grp., Inc. v. Sutherland
  257 F.2d 737· 2d Cir.· 1958-07-30 ·cited 12×
  The court held that the trustee failed to prove insolvency at the time of the transfer, that the consideration was fair, and that the defendant acted in good faith, thus affirming the dismissal of the complaint.
• Osin v. Johnson
  243 F.2d 653· D.C. Cir.· 1957-04-11 ·cited 12×
  The court held that while bona fide purchasers for value without notice prevail over an unrecorded equitable interest, judgment creditors' priority over such interests depends on recording statutes and reliance on the record.
• In re Pure Penn Petroleum Co.
  188 F.2d 851· 2d Cir.· 1951-05-09 ·cited 12×
  The dissenting judge believes the bankruptcy court has the power under Chapter XI to authorize the sale of a debtor's assets to fund a confirmed arrangement, even if the initial plan proved unworkable.
• In re Rosen
  157 F.2d 997· 3d Cir.· 1946-11-19 ·cited 12×
  The court held that under New Jersey law, the effectiveness of an assignment of book accounts against a bankruptcy trustee is determined by whether the assignment was perfected against a bona fide purchaser, and in this case, the assignment was not perfected.
• Andrews v. ST. Louis Joint Stock Land Bank of ST. Louis
  127 F.2d 799· 8th Cir.· 1942-04-27 ·cited 12×
  The court held that bonds issued by the St. Louis Bank in exchange for bonds of other banks should be treated as St. Louis bonds for distribution purposes, and that Greenville bondholders were entitled to a lien on converted assets derived from Greenville mortgages.
• Henderson v. Boose
  142 Fla. 804· Fla.· 1939-08-01 ·cited 12×
  Julia Henderson, as trustee of her deceased husband's estate, challenged a tax deed issued by Goulds Drainage District for drainage district taxes on property the estate owned. The Florida Supreme Court held that the tax sale and deed were void because they violated statutory req
• Chandler v. Davis
  139 Fla. 469· Fla.· 1939-07-25 ·cited 12×
  The Florida Supreme Court affirmed a foreclosure decree, holding that an assignee of a mortgage who takes the assignment after maturity acquires no greater rights than the assignor possessed at the time of assignment. When Van Nest reassigned the mortgage back to the original mor
• Onyx Soda Fountain Co. v. L'Engle
  53 Fla. 314· Fla.· 1907-01-01 ·cited 12×
  This case concerns the interpretation of a Florida statute regarding fraudulent loans of goods. The court held that a conditional sales contract, where the buyer possessed the goods for over two years without the seller demanding them back, was fraudulent as to creditors and purc
• Rewis v. Williamson
  51 Fla. 529· Fla.· 1906-01-01 ·cited 12×
  This case concerns a vendor's lien for unpaid purchase money on land. The court held that a subsequent purchaser who had notice of the outstanding debt, even if not of the specific lien, could not defeat the vendor's equitable lien.
• Trs. of the Internal Improvement Fund v. Lewis
  34 Fla. 424· Fla.· 1894-06-01 ·cited 12×
  The Florida Supreme Court affirmed a decree requiring the Trustees of the Internal Improvement Fund to pay interest coupons on railroad bonds, holding that detached coupons constitute independent negotiable instruments enforceable against the trustees even after the principal bon
• Fraser v. Dep't of Hwy. Safety & Motor Vehicles
  727 So. 2d 1021· Fla. 4th DCA· 1999-02-17 ·cited 11×
  In this civil forfeiture case, the Fourth District Court of Appeal reversed a trial court's dismissal for lack of standing, holding that while a claimant must prove a bona fide ownership interest in seized currency, the claimant is entitled to an evidentiary hearing to present ev
• Est. OF Mary Grace Johnston v. TPE Hotels, Inc.
  719 So. 2d 22· Fla. 5th DCA· 1998-09-11 ·cited 11×
  Mary Grace Johnston appeals from a judgment extinguishing her perpetual easement over property now owned by TPE Hotels. The court affirmed, holding that when both the dominant and servient tenement owners joined in recording a subdivision plat that failed to disclose the easement
• United States v. Land
  937 F.2d 98· 3d Cir.· 1991-06-17 ·cited 11×
  A donee of money traceable to drug transactions can assert an innocent owner defense under 21 U.S.C. § 881(a)(6) even if not a bona fide purchaser for value.
• Accent Realty OF Jacksonville, Inc. v. Crudele
  496 So. 2d 158· Fla. 3d DCA· 1986-09-16 ·cited 11×
  Accent Realty appeals a judgment quieting title to property in Crudele's name, free of Accent Realty's lien, on grounds of res judicata and collateral estoppel. The court reverses, holding that an earlier mandamus order was interlocutory and not final, and that Accent Realty acqu
• NEW Jersey Bank v. Bradford Sec. Operations, Inc.
  690 F.2d 339· 3d Cir.· 1982-09-30 ·cited 11×
  A "complete defense" under UCC § 8-202(3) for lack of genuineness does not preclude a common-law negligence claim, and the court affirmed the finding of negligence against the defendant.
• Kunstsammlungen ZU Weimar v. Elicofon
  678 F.2d 1150· 2d Cir.· 1982-05-05 ·cited 11×
  The court held that the Grand Ducal Art Collection, including the Duerer paintings, constituted public property of the State of Weimar and later the GDR, and that Elicofon did not acquire valid title due to New York law governing stolen art.
• Gutekunst v. Cont'l Ins. Co.
  486 F.2d 194· 2d Cir.· 1973-10-16 ·cited 11×
  A bank's failure to investigate a stranger presenting bearer bonds for a loan does not constitute bad faith under New York law if the bank lacked actual knowledge of suspicious circumstances.
• W. Coast Lumber Co. v. Griffin
  56 Fla. 878· Fla.· 1908-06-01 ·cited 11×
  West Coast Lumber Company purchased land from intermediate grantees without notice of prior unrecorded deeds. The Florida Supreme Court reversed the lower court's cancellation of the defendant's deeds, holding that a good faith purchaser without notice is protected against unreco
• Scipio v. Wright
  101 U.S. 665· U.S.· 1879-10-01 ·cited 11×
  A New York town issued bonds purportedly authorized by an 1852 state statute to borrow money for railroad construction, but the town later exchanged seventeen of the twenty-five bonds directly to the railroad company in payment for stock rather than borrowing money and paying the
• Ventress v. Smith
  10 Pet. 161· U.S.· 1836-01-01 ·cited 11×
  An administrator ad colligendum appointed to collect the personal property of a deceased Alabama resident brought suit in Mississippi to recover five enslaved people that had been sold without court authorization by the original administrator and subsequently purchased by the def
• Pianeta Miami, Inc. v. Lieberman
  949 So. 2d 215· Fla. 3d DCA· 2006-11-15 ·cited 10×
  Pianeta Miami appeals from a trial court order denying its motion to release funds held in escrow that exceeded the final judgment amount plus prejudgment interest. The court holds that the order improperly restrains Pianeta's unrestricted assets and constitutes an unjustified in
• Godsell v. United Guar. Residential Ins.
  923 So. 2d 1209· Fla. 5th DCA· 2006-03-17 ·cited 10×
  Mary Godsell challenges a foreclosure judgment entered against her after service by publication when the mortgagee failed to make adequate diligent search efforts to locate her Canadian address. The Fifth District Court of Appeal reversed the lower court's denial of her motion to
• Cochran v. Jones
  707 So. 2d 791· Fla. 4th DCA· 1998-02-04 ·cited 10×
  Sheriff Cochran appealed the trial court's denial of his forfeiture petition for a stolen Mercedes-Benz that had altered VINs. The Fourth District reversed, holding that the trial court failed to properly address whether the appelees had legal standing to contest the forfeiture u
• Med. Facilities Dev., Inc. v. Little ARCH Creek Props., Inc.
  656 So. 2d 1300· Fla. 3d DCA· 1995-03-15 ·cited 10×
  Medical Facilities Development, Inc. filed a lis pendens against property owned by Little Arch Creek Properties, Inc. to preserve its claim in a specific performance action, preventing LACPI from completing a sale to another buyer. The Florida District Court of Appeal affirmed th
• United States v. Lawrence W. Lavin Wmot Enters., Inc.
  942 F.2d 177· 3d Cir.· 1991-08-06 ·cited 10×
  A proceeding under 21 U.S.C. § 853(n) is civil in nature, making the appeal timely, and a victim of embezzlement does not qualify as a 'bona fide purchaser for value' under § 853(n)(6)(B) because such a transaction is inadvertent and tortious, not a volitional business transactio
• Pelfresne v. Vill. OF Williams BAY
  865 F.2d 877· 7th Cir.· 1989-01-13 ·cited 10×
  The court affirmed the denial of a preliminary injunction, finding that the plaintiff was unlikely to succeed on the merits and would not suffer irreparable harm, while deferring the Anti-Injunction Act issue for further factfinding.
• M.W. Braxton v. United States
  858 F.2d 650· 11th Cir.· 1988-10-24 ·cited 10×
  The court should not have allowed the government to file a counterclaim for past due rent against Braxton.
• Mainer v. Canal Auth. OF the State of Fla.
  467 So. 2d 989· Fla.· 1985-04-18 ·cited 10×
  The Florida Supreme Court held that once a governmental entity acquires land in fee simple through condemnation, purchase, or donation in good faith for a public purpose, the former owner cannot recover the land merely because the intended public use is abandoned or never complet
• In re Tape City v. Tape City
  677 F.2d 401· 5th Cir.· 1982-04-30 ·cited 10×
  The court held that the Louisiana vendor's privilege, as a valid statutory lien, is enforceable against a debtor in possession under the Bankruptcy Code, even after the filing of bankruptcy.
• Flagship State Bank OF Jacksonville v. Costa Carantzas
  352 So. 2d 1259· Fla. 1st DCA· 1977-12-16 ·cited 10×
  Flagship Bank appeals a judgment dismissing its levy on property previously sold at an execution sale to Carantzas. The court affirms the dismissal of the levy but reverses the ratification of the bill of sale because Carantzas improperly made a credit bid (applying judgment debt
• United States Fid. & Guar. Co. v. Royal Nat'l Bank OF NEW York & Merrill Lynch
  545 F.2d 1330· 2d Cir.· 1976-12-14 ·cited 10×
  The court held that the bank (Royal) acted in good faith and observed reasonable commercial standards under N.Y.U.C.C. § 8-318, and the brokerage firm (Merrill Lynch) could rely on its customer (Royal) without further inquiry into Royal's customer (Mazzochi).
• Rolland v. Ford L. Thompson
  305 So. 2d 239· Fla. 1st DCA· 1975-01-16 ·cited 10×
  The appellate court affirmed the trial court's decision, finding sufficient evidence to support the trial judge's finding that the appellee (Thompson) lacked notice of the appellant's (Rolland's) alleged prior contract, thus quieting title in Thompson.
• Syd P. Krantz v. Donner
  285 So. 2d 699· Fla. 4th DCA· 1973-11-09 ·cited 10×
  Krantz appealed a summary judgment dismissing his action for specific performance of real property option contracts. The court reversed, finding genuine issues of material fact existed regarding alleged fraudulent conveyance of the property to avoid the option contracts, precludi
• Guam Scottish Rite Bodies v. Flores
  486 F.2d 748· 9th Cir.· 1973-10-26 ·cited 10×
  The court held that the judgment must be vacated and remanded because the trial court did not clearly address the impact of the Land Title Registration Act of Guam on the parties' claims.
• Cap. Invs. Co. v. Executors OF the Estate OF Arthur R. Morrison
  484 F.2d 1157· 4th Cir.· 1973-09-12 ·cited 10×
  The court held that the Uniform Commercial Code, not general equitable principles, governs the rights of transferees of negotiable instruments, and that the defendant was not a holder in due course.