Deed As Mortgage

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

• Markell v. Hilpert
  140 Fla. 842· Fla.· 1939-12-05 ·cited 45×
  The Florida Supreme Court affirmed a lower court finding that an absolute deed from the Hilperts to Frank E. Markell was intended as a mortgage to secure a $65,000 loan, even though the deed contained language of absolute conveyance and the parties simultaneously executed a repur
• Iola v. Brumick
  131 Fla. 46· Fla.· 1938-01-08 ·cited 45×
  The Florida Supreme Court affirmed the trial court's dismissal of plaintiffs' bill of complaint seeking to set aside a deed as a void mortgage. The court held that under Florida law, the deed executed by the Brumicks to Morris in settlement of a foreclosure action was an absolute
• Elliott v. Rubie C. Conner
  63 Fla. 408· Fla.· 1912-01-01 ·cited 40×
  A married woman (Rubie C. Conner) conveyed Florida real property to J. M. Elliott, Jr. to secure her husband's debt to Elliott. The court held that despite the deed's absolute language and Elliott's claim it was an unconditional sale, the instrument constituted a mortgage under F
• Serafina W. de Bartlett v. Eloisa B. de Wilson and Jose O. Wilson
  52 Fla. 497· Fla.· 1906-06-01 ·cited 32×
  This case addresses whether an absolute deed of conveyance for real property should be treated as a mortgage when executed to secure payment of a debt. The Florida Supreme Court held that parol evidence is admissible to show such an intent, and that where a creditor's agent accep
• The First Nat'l Bank of Fla. v. Ashmead
  23 Fla. 379· Fla.· 1887-06-01 ·cited 31×
  The Florida Supreme Court held that an absolute deed of conveyance executed by a husband and wife to secure a debt on homestead property constitutes a valid mortgage, despite lacking the formal characteristics of a traditional mortgage instrument. The court established that parol
• Fay Stokes Stovall v. Stokes
  94 Fla. 717· Fla.· 1927-10-21 ·cited 28×
  In this Florida equity case, a mother conveyed her home to her son via a deed that the trial court treated as an absolute conveyance, but the appellate court held the deed was a mortgage securing a loan and future advances. The court reversed and remanded for proper accounting of
• Wm. B. Lindsay v. Mathews
  17 Fla. 575· Fla.· 1880-01-01 ·cited 21×
  The Florida Supreme Court held that a conveyance by Robinson to Church, with Church subsequently conveying to defendants, constituted a mortgage securing Matthews' debt to Church, not an absolute sale. Matthews, as the owner of the equity of redemption, has the right to redeem by
• Natural Res., Inc. v. Wineberg
  349 F.2d 685· 9th Cir.· 1965-08-02 ·cited 18×
  A purchaser is deemed to have constructive notice of a prior unrecorded deed if the property is possessed by another, especially when signs indicate a possessory claim, thus precluding the purchaser from being considered a bona fide purchaser.
• Rosenthal et ux. v. LE MAY et ux.
  72 So. 2d 289· Fla.· 1954-03-12 ·cited 18×
  The Florida Supreme Court reversed the trial court's determination that a property deed was a mortgage and held it was instead a conditional sale with an option to repurchase. The court found that despite the plaintiff's financial distress and the price disparity, the parties int
• Bannon v. Trammell
  96 Fla. 408· Fla.· 1928-08-01 ·cited 16×
  Appellants Patrick and Anna Margaret Bannon appeal from a decree awarding the complainant C. M. Trammell $5,076 based on the court's finding that a 1920 deed to land was a mortgage to secure a debt rather than an absolute conveyance. The Supreme Court reversed, finding insufficie
• Freeman F. Gross and Leah L. Gross v. Hammond
  123 Fla. 471· Fla.· 1936-03-25 ·cited 15×
  This case concerns whether a mortgagor can enforce an equitable right of redemption after a foreclosure sale when the original mortgage debt remains unsatisfied. The Florida Supreme Court reversed the lower court's dismissal, holding that the option agreement between Gross and Mu
• McLENDON v. Dorema Davis and Mary V. Davis
  131 So. 2d 765· Fla. 3d DCA· 1961-06-19 ·cited 14×
  A deed absolute on its face can be deemed a mortgage if intended to secure payment of money, especially considering the grantor's distressed circumstances and the debtor-creditor relationship.
• Thomas v. Thomas
  96 So. 2d 771· Fla.· 1957-06-12 ·cited 13×
  A.C. Thomas, Jr. conveyed property to his brother L.C. Thomas while simultaneously entering into a purchase agreement to buy it back. The lower court held this was a conditional sale, but the Florida Supreme Court reversed, finding the transaction was actually a mortgage arrangem
• McKinney v. Gainey
  96 Fla. 547· Fla.· 1928-10-26 ·cited 13×
  The court affirmed a lower court's decision that a warranty deed, absolute on its face, was actually a mortgage. This ruling was based on evidence showing the deed was intended to secure a debt, aligning with statutory provisions that treat such instruments as mortgages.
• Compass Enters., Inc. v. Earls
  397 So. 2d 1039· Fla. 5th DCA· 1981-05-13 ·cited 12×
  Compass Enterprises sought to foreclose on a mortgage given by the Earlses, who counterclaimed that a deed they had executed was a security device subject to redemption. After a pre-trial stipulation of facts, the trial court ruled the deed was a mortgage and entered judgment for
• Kasey v. Molybdenum Corp. OF Am.
  336 F.2d 560· 9th Cir.· 1964-08-28 ·cited 12×
  The court held that the action for recovery of mining properties was barred by California's five-year statute of limitations because the appellants were neither seised nor possessed of the property within the statutory period, and the deeds conveyed absolute title.
• Munroe v. Carroll
  80 Fla. 206· Fla.· 1920-07-05 ·cited 12×
  Complainants sought to establish that a 1894 deed was actually a mortgage securing a debt owed to Charles T. Carroll, but the trial court excluded their testimony regarding transactions with the deceased Carroll. The Florida Supreme Court affirmed, holding that under Section 1505
• Bridger v. Thrasher
  22 Fla. 383· Fla.· 1886-06-01 ·cited 12×
  A Florida equity case involving competing claims to land purchased with disputed funds and conveyed through a series of trustees. The Supreme Court reversed the lower court's overruling of a demurrer, finding the bill of complaint too confused and contradictory to state a viable
• Oregrund Ltd. P'ship v. Sheive
  873 So. 2d 451· Fla. 5th DCA· 2004-05-07 ·cited 10×
  Oregrund Limited Partnership and Euramerican Investment Consultants Corp. challenged the trial court's dismissal of their complaint alleging usury against investors who structured a sale-leaseback transaction involving valuable real estate. The Fifth District Court of Appeal reve
• Lucile J. Turner v. Idell C. Wheeler
  498 So. 2d 1039· Fla. 1st DCA· 1986-12-16 ·cited 8×
  Turner appeals a judgment declaring a 1970 deed to real property a mortgage and quieting title in Wheeler. The court affirms, holding that the deed was intended as security for a loan and therefore constitutes a mortgage rather than a conveyance of legal title, and that Turner fa
• Maston G. O'Neal, Jr. v. MacNEILL
  216 So. 2d 465· Fla. 3d DCA· 1968-11-19 ·cited 6×
  In this Florida appellate case, the court addressed whether a deed transferring real property constituted an absolute conveyance or a mortgage security device, and whether the grantor remained liable for mortgage payments and other costs after transferring full title to the prope
• Holland v. State
  388 So. 2d 1080· Fla. 1st DCA· 1980-09-25 ·cited 5×
  Landowners appealed a circuit court order dismissing their claim that a 1969 warranty deed conveying property to the State for road right-of-way purposes did not include subsurface oil and gas rights. The appellate court affirmed, holding that the statutory form deed conveyed fee
• Monroe R. Meyerson v. Werner
  683 F.2d 723· 2d Cir.· 1982-07-14 ·cited 4×
  The court held that a deed intended as security under New York law must be considered a mortgage, regardless of parties' intent or judicial approval.
• State Inv. Holding, Inc. v. Merrick P'ship, LLC
  103 So. 3d 232· Fla. 3d DCA· 2012-12-12 ·cited 3×
  The appellate court affirmed the trial court's denial of a temporary injunction, finding no abuse of discretion because the appellant failed to demonstrate irreparable harm.
• Lewis v. Kellner
  428 F.2d 1219· 9th Cir.· 1970-07-02
  The court held that genuine issues of fact exist, precluding summary judgment, and the case should proceed to trial.
• Clark v. Howard
  192 So. 2d 302· Fla. 3d DCA· 1966-11-29
  A woman sought a declaratory judgment regarding her rights under two deeds to real property, alleging her brother improperly filled in a blank deed and recorded it.
• Dower v. Thomas J. Bomar for Kitimat Corp.
  313 F.2d 596· 5th Cir.· 1963-02-13
  The court held that the bankruptcy court had summary jurisdiction to adjudicate title to the property and that the trustee's action was timely brought under federal law, despite state statute of limitations concerns.
• Evans v. Burdette E. Simmons
  129 Fla. 711· Fla.· 1937-10-28
  Evans appeals from a decree treating a deed as a mortgage and requiring him to pay the outstanding debt balance to obtain reconveyance of the property. The Florida Supreme Court affirms, finding substantial evidence supports the lower court's decision.
• Cordelia Sheill Bostwick v. Val M. Antuono
  156 So. 435· Fla.· 1933-10-26
  Bostwick sued Antuono on a mortgage assumption clause in a deed purporting to convey property subject to a mortgage. Antuono claimed the deed was actually a mortgage lien securing a loan, not an absolute conveyance, and that the assumption clause was incorporated without his know