Contract For Deed

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

• Realty Sec. Corp. v. Johnson
  93 Fla. 46· Fla.· 1927-01-18 ·cited 125×
  Realty Securities Corporation sought to remove a cloud on title caused by a recorded contract for deed that it claimed to have lawfully forfeited due to the vendee's abandonment and default. The court held that when a vendee abandons a contract and removes himself from the jurisd
• Marion Mortgate Co. v. Grennan
  106 Fla. 913· Fla.· 1932-10-04 ·cited 43×
  Marion Mortgage Company seeks to foreclose a mortgage on property that was sold under a contract for deed to the Reeds, who took possession nearly two years before the mortgage was executed. The Florida Supreme Court affirms the trial court's dismissal of the foreclosure bill, ho
• H & L Land Co., Inc. v. Warner
  258 So. 2d 293· Fla. 2d DCA· 1972-02-11 ·cited 35×
  A vendor under a specifically enforceable installment land sale contract, who has received part of the purchase price and given the vendee possession, cannot unilaterally extinguish the vendee's equitable title upon default but must foreclose, similar to a purchase money mortgage
• Atl. Beach Improvement Corp. v. Vivienne E. Hall
  143 Fla. 778· Fla.· 1940-07-23 ·cited 27×
  This case involves a dispute over the ownership of a parcel of land that was formerly a highway right-of-way. The appellate court reversed the lower court's decision, finding that the complainant failed to demonstrate sufficient title to maintain the suit in equity.
• Brown v. First Nat'l Bank IN Lenox
  844 F.2d 580· 8th Cir.· 1988-04-21 ·cited 20×
  A contract for deed is classified as an executory contract under Iowa law for purposes of Chapter 12 of the Bankruptcy Code, not a lien.
• Ton-Will Enters., Inc. v. T & J Losurdo, Inc.
  440 So. 2d 621· Fla. 2d DCA· 1983-11-16 ·cited 15×
  The grant of summary judgment was improper because material factual issues existed regarding the affirmative defenses of fraudulent misrepresentation and lack of consideration, and the plaintiff failed to demonstrate their legal insufficiency.
• Huguley v. Hall
  157 So. 2d 417· Fla.· 1963-11-06 ·cited 14×
  Petitioner sought certiorari review of an appellate decision affirming summary judgment in a contract-for-deed dispute, claiming the decision conflicted with prior Florida Supreme Court precedent regarding a buyer's equity of redemption. The Supreme Court discharged the writ, hol
• Dickson v. The Ridge Realty Co.
  141 Fla. 807· Fla.· 1940-02-20 ·cited 14×
  In this specific performance case, the Florida Supreme Court held that a vendor cannot unilaterally cancel a land sale contract without providing reasonable notice to the vendee of the seller's insistence on payment, even when the vendee has defaulted on quarterly installments. T
• English v. Clark
  289 So. 2d 33· Fla. 1st DCA· 1974-01-31 ·cited 12×
  The court held that the trial court's conclusions of law were not supported by the facts, warranting reversal and remand for further proceedings.
• Aloys Holzer and Lawrence Holzer v. United States
  244 F.2d 562· 8th Cir.· 1957-06-05 ·cited 12×
  The court held that the district court did not abuse its discretion in denying a temporary injunction, as the appellate court does not decide the merits on such an appeal.
• Lafferty v. Dorothea M. Detwiler
  155 Fla. 95· Fla.· 1944-10-13 ·cited 12×
• In re Donahue v. Donahue
  862 F.2d 259· 10th Cir.· 1988-12-01 ·cited 8×
  The court held that the divorce decree created an equitable lien in favor of Parker, making her a secured creditor whose claim could not be discharged in bankruptcy.
• In re Speck v. The First Nat'l Bank OF Sioux Falls
  798 F.2d 279· 8th Cir.· 1986-07-31 ·cited 8×
  The court held that a contract for deed under South Dakota law is an executory contract within the meaning of 11 U.S.C. § 365, requiring acceptance or rejection in bankruptcy.
• Cap. Fire Ins. Co. of Cal. v. Langhorne
  146 F.2d 237· 8th Cir.· 1945-01-02 ·cited 8×
  Under Minnesota law, a vendor under a contract for deed, named as a beneficiary in a fire insurance policy's 'open mortgage clause' (or equivalent loss payable clause), has a direct right of action against the insurer to recover their interest, even if the vendee's claim is barre
• Purcell v. Williams
  511 So. 2d 1080· Fla. 1st DCA· 1987-08-26 ·cited 7×
  The Purcells sold real property to Williams under an installment land sale contract. After Williams failed to obtain required insurance and the house burned down, destroying the dwelling and causing Williams' death, the trial court cancelled the contract but denied the Purcells a
• Bird Rd. Commercial Sites, Inc. v. Feldstein
  214 So. 2d 658· Fla. 3d DCA· 1968-10-15 ·cited 7×
  The Court should grant certiorari to review whether the exclusion of Negroes from Selective Service boards deprives them of jurisdiction to induct Negroes, particularly when the challenge is made pre-induction.
• Walker v. Franklin
  669 So. 2d 1088· Fla. 4th DCA· 1996-03-13 ·cited 6×
• In re Maanum v. Rieffer
  828 F.2d 459· 8th Cir.· 1987-09-08 ·cited 6×
  The automatic stay under 11 U.S.C. § 362(a) does not stay the statutory time period for a debtor to cure a contract for deed cancellation; this period is temporarily stayed by 11 U.S.C. § 108(b).
• Freidus v. First Nat'l Bank OF Council Bluffs
  928 F.2d 793· 8th Cir.· 1991-03-08 ·cited 5×
  The court held that the district court did not abuse its discretion in admitting settlement negotiation letters and excluding evidence of tax consequences, and that jury instructions were not erroneous.
• United States v. Newcomb
  682 F.2d 758· 8th Cir.· 1982-07-15 ·cited 4×
  The court held that the Uniform Commercial Code (UCC) Article 9, as adopted in Missouri, governs security interests in growing crops, and the description of the real estate in the security agreement was adequate.
• Clark v. English
  319 So. 2d 170· Fla. 1st DCA· 1975-08-26 ·cited 4×
  In this real property dispute, the court affirmed the trial court's judgment enforcing a contract for deed between the Clarks (sellers) and the Englishes (purchasers) after the case was remanded for further proceedings. The court held that the Englishes had substantially complied
• Rock Springs Land Co. v. Dillard West and Goldia West
  281 So. 2d 555· Fla. 4th DCA· 1973-08-29 ·cited 4×
  A real estate seller brought suit to recover the balance due under a land contract after accepting a check marked 'paid in full' based on an erroneous calculation. The court held that the seller's unilateral mistake regarding the balance due, made without buyer reliance or detrim
• Thoelke v. Morrison
  172 So. 2d 604· Fla. 2d DCA· 1965-03-10 ·cited 4×
  In this contract dispute, the Thoelkes executed a contract for deed to sell property to the Morrisons, then attempted to rescind by telephone before the contract was delivered. The trial court granted the Morrisons' request for specific performance, and the appellate court affirm
• Klein v. Melania Flores Meza & Kendall Acres Condo. Ass'n, Inc.
  4 So. 3d 51· Fla. 3d DCA· 2009-02-18 ·cited 2×
  Linda Klein appeals a judgment quieting title in Melania Flores Meza to a condominium unit. The court reverses, holding that Meza cannot acquire title through adverse possession because her occupancy was under an executory contract for deed and she failed to make the required bal
• Krabbenhoft v. Commissioner OF Internal Revenue
  939 F.2d 529· 8th Cir.· 1991-06-27 ·cited 2×
  The court affirmed the lower court's decision, finding that the statutory interpretation, though harsh, was not legally erroneous.
• In re Maanum v. Rieffer
  838 F.2d 991· 8th Cir.· 1988-02-08 ·cited 2×
  The dissenting judge argues that the panel opinion's interpretation of precedent unduly restricts debtors' rights under the Bankruptcy Code, particularly concerning state redemption periods.
• Nat'l Fire Ins. Co. of Hartford v. The Bd. OF Pub. Instruction OF Madison Cnty.
  239 F.2d 370· 5th Cir.· 1956-12-11 ·cited 2×
  The court held that the insurance company was liable for the full valued policy amount because the buyer of the property was effectively added as an insured, and Florida's Valued Policy Statutes applied.
• In re Carver v. Carver
  828 F.2d 463· 8th Cir.· 1987-09-08 ·cited 1×
  A judicially decreed period of redemption is not automatically stayed by 11 U.S.C. § 362(a) when a bankruptcy petition is filed, but is instead temporarily stayed under 11 U.S.C. § 108(b).
• Bell v. Thompson
  63 So. 2d 490· Fla.· 1953-02-27 ·cited 1×
  This case concerns the equitable distribution of property between two former wives of the same man, Benjamin Roy Bell. The Florida Supreme Court affirmed a lower court's decision that required one wife to pay the other half the amount she paid to "redeem" the property, thereby en
• Jacques-Meraz v. Walker
  Fla. 5th DCA· 2020-07-01
  Petitioners sought a writ of certiorari to overturn a circuit court's denial of appellate attorney's fees after successfully defending against an eviction action in county court. The District Court of Appeal held that the prevailing defendants were entitled to attorney's fees und
• JCA P'ship v. Wenzel Plumbing & Heating, Inc.
  978 F.2d 1056· 8th Cir.· 1992-11-03
  The court held that the doctrine of election of remedies and a prior settlement agreement did not preclude a breach of contract claim against WPH, but affirmed dismissal of fraud claims based on future promises and an estoppel certificate.
• Madonna Corp. & Delverde, Inc. v. Fed. Deposit Ins. Corp.
  563 So. 2d 763· Fla. 2d DCA· 1990-06-15
  Madonna Corp. and Tierra Verde, a joint venture, appealed the trial court's grant of summary judgment to the FDIC in a mortgage foreclosure dispute. The court affirmed, holding that federal law under 12 U.S.C. § 1823(e) precluded Tierra Verde's claims that an unrecorded deed in l
• In re Whispering BAY Campground, Inc. v. Fagan
  850 F.2d 443· 8th Cir.· 1988-06-28
  The court held that a Chapter 11 bankruptcy filing does not automatically stay the running of the redemption period for a contract for deed beyond the 60 days provided by 11 U.S.C. § 108(b), and that the adequacy of notice of cancellation was a matter already decided by the state
• Johnson v. United States
  799 F.2d 374· 8th Cir.· 1986-08-20
• In re Shuster v. Doane
  784 F.2d 883· 8th Cir.· 1986-03-03
  Assignments of a vendor's interest in a contract for deed are interests in real estate, perfected by recording with the county recorder, not by filing a UCC financing statement.
• United States v. 308.56 Acres OF Land
  520 F.2d 660· 8th Cir.· 1975-07-02
  The court held that a contract for deed for real property is unenforceable if it fails to specify an ascertainable price or consideration, rendering it invalid under the Statute of Frauds.
• Wadkins v. Joseph W. and Edith M. Campbell
  156 So. 2d 887· Fla. 2d DCA· 1963-10-11
  The court held that the Small Claims Court had jurisdiction because the action did not involve the title to real estate, as the resolution would not cause a party to gain or lose an interest in the property.
• Fichtenbaum v. Bald Eagle Constr. Co.
  131 So. 2d 513· Fla. 2d DCA· 1961-06-30
  The appellate court affirmed a final decree foreclosing mechanics' liens filed by subcontractors and an engineering company against owners who had contracted with a general contractor who subsequently absconded.