Bona Fide Purchaser

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

• Nevin v. Hoffman
  431 F.2d 43· 10th Cir.· 1970-09-02 ·cited 10×
  A deed procured from a mentally incompetent grantor by fraud is voidable, not void, as to a subsequent bona fide purchaser for value without notice.
• United States v. Hickox
  356 F.2d 969· 5th Cir.· 1966-02-25 ·cited 10×
  The court held that the district court erred in granting a directed verdict for the defendants, as the government presented a prima facie case of fraudulent conveyances.
• James Talcott, Inc. v. Assocs. Disc. Corp. & Mr. & Mrs. F. O. McConnell
  302 F.2d 443· 8th Cir.· 1962-04-18 ·cited 10×
  The court held that the distinction between a repossession and a trade-in, in the absence of evidence of prior conduct regarding trade-ins, was sufficient to prevent estoppel against the first assignee of a conditional sale contract.
• Miami Nat'l Bank v. Nelse S. Knudsen for Ludman Corp.
  300 F.2d 289· 5th Cir.· 1962-02-26 ·cited 10×
  The court held that the Florida Assignment of Accounts Receivable Act establishes a mandatory and exclusive system for perfecting assignments of accounts receivable through notice-filing with the Secretary of State.
• LEE Cnty. Bank v. Metro. Life Ins. Co., Inc.
  126 So. 2d 589· Fla. 2d DCA· 1961-01-20 ·cited 10×
  Lee County Bank sought to foreclose a mortgage on property sold to the Howes under an unrecorded contract. The court affirmed summary judgment for the Howes, holding that actual possession of real property puts a mortgagee on constructive notice of the possessor's rights, and the
• Peoples Loan & Fin. Corp. v. Lawson
  271 F.2d 529· 5th Cir.· 1959-11-03 ·cited 10×
  The dissenting judge holds that the insurance company, owning ninety-five percent of the claim, was an indispensable party and should have been joined in the action.
• Sauget v. Villagomez
  228 F.2d 374· 9th Cir.· 1955-12-19 ·cited 10×
  The court held that the appellant, who failed to register his deed, was not protected by the Guam registry statutes against a prior unregistered equitable interest in the land.
• United States v. Johnson
  208 F.2d 729· 5th Cir.· 1953-12-29 ·cited 10×
  The court held that the trial court erred in finding the mortgage invalid for lack of consideration, as the witness testimony regarding simultaneous execution was unimpeached and the mortgage was valid as to the defendant.
• In re Calton Crescent v. Becker
  173 F.2d 944· 2d Cir.· 1949-03-03 ·cited 10×
  The dissenting judge believes profits from a director's improper purchase of bonds should be distributed among creditors, not retained by the director.
• Wimbish v. Douglass
  92 Fla. 224· Fla.· 1926-07-12 ·cited 10×
  John L. Wimbish, assignee of a real estate purchase contract for commercial property in Sanford, Florida, sought specific performance against the original vendors and subsequent purchasers. The court upheld the lower court's decision granting specific performance, finding that th
• Sirkin v. Schupler
  90 Fla. 68· Fla.· 1925-06-24 ·cited 10×
  A mortgage foreclosure case where the trial court found that a subsequent purchaser had actual notice of the mortgage at the time of purchase, thus taking the property subject to the mortgage lien despite the mortgage not being recorded until after the deed was delivered.
• DeLong v. Marshall
  66 Fla. 410· Fla.· 1913-12-02 ·cited 10×
  This case concerns a vendor's equitable lien for unpaid purchase money. The court found that the vendor's lien attached to the land even when title was conveyed to a third party at the purchasers' direction, and that a subsequent transfer of the property did not extinguish this l
• Johnson v. Atlantic
  156 U.S. 618· U.S.· 1895-03-04 ·cited 10×
  Robert H. Johnson and other bondholders of the Florida Railroad Company sought to invalidate an 1866 sale of the railroad by state trustees, claiming the sale was unauthorized because the railroad was incomplete and the trustees lacked legal authority to act during the Civil War
• McRae v. Adaline McMinn
  17 Fla. 876· Fla.· 1880-06-01 ·cited 10×
  In this equity case involving disputed land distribution, the Florida Supreme Court held that a mutual mistake in describing land parcels in a distribution instrument could be reformed by equity. The court also ruled that a subsequent purchaser with constructive notice of the dis
• Alphonse Loubat v. Kipp & Young
  9 Fla. 60· Fla.· 1860-01-01 ·cited 10×
  In this 1860 Florida Supreme Court case, executors of a deceased creditor sought to foreclose a mortgage on real property, but the defendant Loubat claimed superior title based on a purchase at a judicial sale under an earlier attachment lien. The court held that the mortgage, th
• JP Morgan Chase for Residential Funding Corp. v. NEW Millennial, LC
  6 So. 3d 681· Fla. 2d DCA· 2009-03-18 ·cited 9×
  JP Morgan Chase appeals a summary judgment that prevented it from foreclosing mortgages originally made by AmSouth Bank because JP Morgan failed to record the assignments from AmSouth. The court reverses, holding that Florida Statute § 701.02's recording requirement applies only
• Morris v. Osteen
  948 So. 2d 821· Fla. 5th DCA· 2007-01-19 ·cited 9×
  Morris and Pate leased property from the Gaglianos with an option to purchase, but the property was subject to a foreclosure judgment held by Osteen (later assigned to the Barzanos). After the Gaglianos conveyed the property to the Barzanos via quitclaim deed in lieu of foreclosu
• United States v. One Single Fam. Residence Located at 6960 Miraflores Ave.
  731 F. Supp. 1563· S.D. Fla.· 1990-02-21 ·cited 9×
  A bona fide purchaser is entitled to the protection of the innocent owner exception to the civil forfeiture statute, 21 U.S.C. § 881(a)(7), and the court found Republic National Bank had actual knowledge of the illicit nature of the transaction.
• Pasternak v. Brook
  528 So. 2d 1354· Fla. 3d DCA· 1988-08-09 ·cited 9×
  The court affirmed that a note and mortgage with interest exceeding 25% under Florida's criminal usury statute is unenforceable even against a bona fide purchaser.
• Dunn v. Stack
  394 So. 2d 1076· Fla. 1st DCA· 1981-03-05 ·cited 9×
  Dunn and Nix appealed dismissal of their quiet title action for lack of jurisdiction. The court held that non-parties to a prior quiet title suit are not bound by its judgment, and the lis pendens did not provide adequate notice to bind them, so the trial court had jurisdiction t
• McCRARY v. August L. Bobenhausen
  366 So. 2d 77· Fla. 1st DCA· 1978-12-22 ·cited 9×
  McCrary purchased a half-interest in income-producing property from the Bouchers on January 28, 1976, and recorded the warranty deed the following day. A creditor of the Bouchers subsequently sued to set aside the conveyance as fraudulent under Florida's fraudulent conveyance sta
• Seattle-First Nat'l Bank v. Randall
  532 F.2d 1291· 9th Cir.· 1976-03-24 ·cited 9×
  The court held that the bank was charged with notice of adverse claims because it knew the transaction, which involved a fiduciary pledging a client's stock for a corporation the fiduciary controlled, was for the fiduciary's personal benefit, thus it was not a bona fide purchaser
• Naples Park-Vanderbilt Beach Water Dist. v. Downing
  244 So. 2d 464· Fla. 2d DCA· 1970-12-02 ·cited 9×
  The Water District and a purchaser at a foreclosure sale appealed a trial court's decision to set aside the sale based on inadequacy of price. The appellate court affirmed, finding that while inadequacy of price alone cannot overturn a sale, the trial court's judgment could be su
• PAE v. Stevens
  256 F.2d 208· 9th Cir.· 1958-02-14 ·cited 9×
  The dissenting judge believes the territorial Supreme Court's decision was not manifestly erroneous and should be affirmed.
• In re Lustron Corp. la Fayette Steel Co. v. Lustron Corp.
  184 F.2d 798· 7th Cir.· 1950-10-23 ·cited 9×
  The bankruptcy court's jurisdiction over general assets in an equity receivership is paramount and exclusive, precluding confirmation of a sale not yet confirmed before bankruptcy. A bidder at such a sale is not a bona fide purchaser with title until confirmation.
• Woods v. Thompson
  159 Fla. 112· Fla.· 1947-06-20 ·cited 9×
  Ray Woods, a car seller in Texas, brought a replevin action to recover an automobile after a complex transaction involving fraud. The Florida Supreme Court affirmed the trial court's judgment for the defendant-purchaser, holding that a bona fide purchaser for value is protected a
• Mun. Bond & Mortg. Corp. v. Bishop's Harbor Drainage Dist.
  154 Fla. 246· Fla.· 1944-03-07 ·cited 9×
  The court held that the creation of the drainage district was not a bona fide attempt to follow the law, rendering the bonds invalid and the purchasers not bona fide holders.
• Scott v. Simmons
  151 Fla. 628· Fla.· 1942-10-27 ·cited 9×
  The Florida Supreme Court affirmed the dismissal of a mortgage foreclosure action, holding that a mortgagee cannot recover against a vendee who took possession under an unrecorded contract before the mortgage was recorded, absent actual notice to the vendee of the mortgage's exis
• Bullard v. Fender
  140 Fla. 448· Fla.· 1939-11-07 ·cited 9×
  In this mortgage foreclosure and reformation case, G. L. Bullard sought to reform and foreclose a mortgage he claimed secured $15,000 in notes against A. R. Fender and related corporate defendants. The Florida Supreme Court affirmed the chancellor's decision holding that the mort
• Zachary Veneer Co. v. Engelken
  136 Fla. 89· Fla.· 1938-10-18 ·cited 9×
  Zachary Veneer Company challenged a foreclosure decree holding it a constructive trustee of property it received from Pena L. Cave in satisfaction of a debt, subject to F.H. Engelken's prior equitable mortgage. The Florida Supreme Court affirmed, establishing that a grantee recei
• Hubbard v. Highland Realty & Inv. Co.
  115 Fla. 834· Fla.· 1934-07-23 ·cited 9×
  Highland Realty & Investment Company sued Margaret A. Hubbard, widow of J. J. Hubbard, to enforce a defectively recorded mortgage executed by the original purchaser, Mrs. Bostick, in 1925. The Florida Supreme Court affirmed the foreclosure decree, holding that although the mortga
• Tyler v. Johnson
  61 Fla. 730· Fla.· 1911-01-01 ·cited 9×
  This case concerns whether a purchaser of property at an execution sale had notice of a prior unrecorded equitable interest. The court held that a recorded deed conveying only some co-tenants' interests, coupled with the grantee's possession, does not provide constructive notice
• Leonora T. Simms v. The City of Tampa
  52 Fla. 641· Fla.· 1906-06-01 ·cited 9×
  The Florida Supreme Court affirmed the denial of a restitution petition filed after a judgment reversal, holding that restitution cannot be compelled from third-party bona fide purchasers who are strangers to the record, particularly when sought summarily by motion or petition.
• Harkless v. Laubhan
  278 So. 3d 728· Fla. 2d DCA· 2019-07-10 ·cited 8×
  A purchaser is a bona fide purchaser without notice only when it has actual notice, constructive notice, or implied notice of an unrecorded property interest. The Laubhans were not bona fide purchasers without notice because they had implied notice of Harkless's retained right to
• Knowlan Dawson v. Wachovia Bank, N.A.
  61 So. 3d 1218· Fla. 3d DCA· 2011-05-18 ·cited 8×
  Knowlan Dawson appealed the trial court's denial of his motions to vacate a foreclosure sale and strike the final judgment of foreclosure on commercial property. Dawson defaulted on a mortgage with Wachovia Bank, entered into a forbearance agreement which he later breached, and r
• Douglas Martin, M.D. v. Lenahan
  658 So. 2d 119· Fla. 4th DCA· 1995-06-07 ·cited 8×
  Dr. Martin and his malpractice insurer appealed a trial court order denying their claim for restitution of attorney's fees and costs paid to the Lenahans' counsel from settlement funds, after the Lenahans were discovered to have committed fraud in obtaining the original judgment.
• Marks v. Harris Millman and Valerie Millman
  641 So. 2d 414· Fla. 3d DCA· 1993-06-15 ·cited 8×
  Multiple investors appealed an adverse judgment in proceedings supplementary whereby a judgment creditor sought to execute on mortgage notes held by a mortgage broker. The court reversed, holding that where a judgment debtor holds assets upon a resulting trust for beneficial owne
• In re Elna Kay Brooks v. Wash. Mut. Sav. Bank
  871 F.2d 89· 9th Cir.· 1989-03-23 ·cited 8×
  The trustee of a wife's bankruptcy estate lacks standing to avoid a deed of trust rerecorded in violation of her husband's prior bankruptcy's automatic stay.
• United States v. One Single Fam. Residence Located at 2901 S.W. 118th Court
  683 F. Supp. 783· S.D. Fla.· 1988-03-11 ·cited 8×
  A claimant seeking innocent owner status under 21 U.S.C. § 881(a)(6)-(7) must demonstrate both a lack of actual knowledge of the illegal activity and that they took all reasonable steps to prevent the property's use in illegal activity, even if they acquired an interest after the
• Shacket v. Philko Aviation, Inc.
  841 F.2d 166· 7th Cir.· 1988-03-02 ·cited 8×
  The court held that Philko Aviation, Inc. had actual notice of the prior sale of the airplane to the Shackets, thus defeating Philko's claim to ownership despite its later recording of a bill of sale with the FAA.
• United States v. Jones
  837 F.2d 1332· 5th Cir.· 1988-02-22 ·cited 8×
  The court held that the forfeiture statute does not exempt sums paid or committed to counsel for legitimate attorney's fees.
• In re Gulino v. Gulino
  779 F.2d 546· 9th Cir.· 1985-12-30 ·cited 8×
  The court held that the transferees' possession of the real property perfected the transfer at the time of the sale, making it effective outside the 90-day preference period, even though the deed was recorded later.
• Mills v. Damson OIL Corp.
  686 F.2d 1096· 5th Cir.· 1982-09-14 ·cited 8×
  The Fifth Circuit Court of Appeals certified several questions of Mississippi law to the Mississippi Supreme Court. These questions concern the effect of a defectively acknowledged deed on constructive notice, the applicability and retroactivity of a curative statute for defectiv
• Laden v. Andrus
  595 F.2d 482· 9th Cir.· 1979-04-02 ·cited 8×
  The court held that the Department of Interior properly determined the land was mineral in character and the purchaser was not an innocent purchaser for value, thus denying the patent application.
• Hodges v. Surratt
  366 So. 2d 768· Fla. 2d DCA· 1978-12-13 ·cited 8×
  The personal representative of a decedent's estate challenged conveyances of real and personal property to the Surratts, alleging fraud, undue influence, and misuse of power of attorney. The jury found that Mrs. Surratt exerted undue influence to obtain signatures on financial do
• Am. Acceptance Corp. v. Glendora Better Builders, Inc.
  550 F.2d 1220· 9th Cir.· 1977-03-30 ·cited 8×
• United States v. The Adams Bldg. Co., Inc.
  531 F.2d 342· 6th Cir.· 1976-02-09 ·cited 8×
  The court held that tax waivers executed by a dissolved corporation's president were effective to extend the assessment period, and that transferred corporate assets could be recovered by the government.
• Isidore Cherno-Appellant v. Dutch Am. Mercantile Corp.
  353 F.2d 147· 2d Cir.· 1965-11-09 ·cited 8×
  A subordination agreement alone does not constitute an equitable assignment of a chattel mortgage, and failure to file an assignment renders it void against creditors and subsequent bona fide purchasers.
• Marucci v. Millie Linder
  177 So. 2d 237· Fla. 2d DCA· 1965-07-14 ·cited 8×
  In this equity case, a mortgage lender challenged a trial court's decision canceling a mortgage as to the borrower's home and furnishings while preserving it on the duplex property. The court affirmed the cancellation of the mortgage on the home property, finding that the lender
• Greif Bros. Cooperage Corp. v. United States Gypsum Co.
  341 F.2d 167· 8th Cir.· 1965-02-09 ·cited 8×
  The court held that the tax description used by Gypsum for newly formed accretions was legally sufficient under Arkansas law, vesting title in Gypsum, while Greif Bros.' tax description was void. For the second tract, the court found Greif Bros.' deed valid and Gypsum charged wit