Equitable Mortgage

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

• Alabama-Florida Co. v. Mays
  111 Fla. 100· Fla.· 1933-06-15 ·cited 66×
  Alabama-Florida Co., assignee of a mortgage and promissory notes, sought to enforce a lien on real property conveyed to subsequent purchasers who did not assume the mortgage debt, claiming the mortgagee acquired a vendor's lien through the original purchaser's assumption agreemen
• Rubie C. Connor v. Connor
  59 Fla. 467· Fla.· 1910-01-01 ·cited 58×
  A wife sought to redeem land conveyed to a creditor as security for her husband's debt, claiming the transaction was a mortgage despite language stating it was an absolute conveyance. The Florida Supreme Court reversed the dismissal, holding that a deed absolute on its face may b
• Craven v. Hartley
  102 Fla. 282· Fla.· 1931-06-30 ·cited 50×
  The Florida Supreme Court affirmed that a loan used to complete the purchase of property cannot be exempted as homestead when the lender relied on an oral promise to secure a mortgage on the property. The court held that an equitable lien attaches to property purchased with borro
• Gables Racing Assoc., Inc. v. Persky
  148 Fla. 627· Fla.· 1940-10-25 ·cited 45×
  The Florida Supreme Court affirmed a decree enforcing an equitable mortgage lien against Gables Racing Association for $15,000 owed to Robert Persky, finding that the chancellor correctly admitted conflicting evidence and properly determined factual issues on behalf of the lender
• Pittman v. Milton
  69 Fla. 304· Fla.· 1915-03-17 ·cited 41×
  Ida Baker Pittman and heirs of N.A. Baker sought accounting for proceeds of a $10,000 life insurance policy on N.A. Baker's life that had been assigned to W.H. Milton's firm to secure indebtedness. The Florida Supreme Court reversed the trial court's dismissal, holding that the a
• 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
• Fed. Deposit Ins. Corp. v. McCULLOUGH
  911 F.2d 593· 11th Cir.· 1990-09-10 ·cited 35×
  The D'Oench, Duhme doctrine and federal common law protections extend to the FSLIC as a receiver, barring defenses based on unrecorded oral agreements, even when the FSLIC is later substituted as the real party in interest.
• Blumin v. Ellis
  186 So. 2d 286· Fla. 2d DCA· 1966-05-04 ·cited 33×
  Stockholders of Palmdale Water and Gas Company brought suit to enforce an equitable lien on assets sold to General Utilities, which subsequently went bankrupt. The court held that the stockholders had enforceable equitable liens under the purchase agreement, rejecting defenses ba
• 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 Van Eepoel Real Est. Co. v. The Sarasota Milk Co.
  100 Fla. 438· Fla.· 1930-08-01 ·cited 26×
  In a priority dispute between an unrecorded mortgage and a mechanic's lien on the same property, the Florida Supreme Court held that the mechanic's lien takes priority because the mortgagee failed to promptly record its mortgage, thereby estopping it from claiming priority over a
• Oates v. The Prudential Ins. Co. of Am.
  107 Fla. 224· Fla.· 1932-11-14 ·cited 23×
  The Florida Supreme Court affirmed a lower court decree that an invalid mortgage on a married woman's separate property could not be enforced as a lien, but the property could be charged in equity for a debt created by an agreement in writing for the benefit of that property, inc
• Thalheimer v. Tischler
  55 Fla. 796· Fla.· 1908-01-01 ·cited 23×
  This case addresses whether a lessee's equitable interest in property—consisting of a leasehold combined with an option to purchase and a right to compensation for improvements—can be sold under execution. The Florida Supreme Court held that such mixed legal and equitable interes
• Margarum v. The J. S. Christie Orange Co.
  37 Fla. 165· Fla.· 1896-01-01 ·cited 21×
  Theodore Margarum, as administrator of John Loomis's estate, sought to foreclose a trust deed executed by The J. S. Christie Orange Company to secure bond payments. The Florida Supreme Court reversed the lower court's dismissal, holding that the instrument could be enforced as an
• Gables Racing Assoc., Inc. v. Persky
  131 Fla. 842· Fla.· 1938-03-30 ·cited 20×
  The Florida Supreme Court affirmed the trial court's orders permitting amendment of a mortgage enforcement bill to include a claim for equitable lien and denying dismissal of the amended bill. The court held that amendment to conform to proof and assert an equitable remedy does n
• Wm. Blumer v. Pollak & Co.
  18 Fla. 707· Fla.· 1882-01-01 ·cited 20×
  This case addresses the conditions under which a married woman's debt can be charged against her separate property. The court clarifies that while a married woman can incur debts for the benefit of her separate estate, the property in question must actually belong to her, not her
• Commissioner of Internal Revenue v. Penn Athletic Club BLDG.
  176 F.2d 939· 3d Cir.· 1949-09-29 ·cited 18×
  The court held that the Tax Court did not err in finding that Girard Trust Company held the property as a mortgagee in possession, rather than as an owner in fee, for tax purposes.
• Caruthers v. Williams
  21 Fla. 485· Fla.· 1885-06-01 ·cited 18×
  The court held that a transaction where one party advances money to purchase land for another, taking title as security, constitutes a resulting trust, not a sale, and is not barred by the Statute of Frauds. The case was remanded to settle accounts and execute a deed upon payment
• In re PCH Assocs. v. PCH Assocs.
  949 F.2d 585· 2d Cir.· 1991-11-19 ·cited 17×
  The court held that the prior determination that the relationship was a joint venture did not preclude Liona from asserting its interest as a secured creditor, and that Liona holds an equitable mortgage, entitling it to priority.
• Jeanine M. Boyd v. Robinson
  741 F.2d 1112· 8th Cir.· 1984-08-29 ·cited 16×
  The court held that a lien granted in a marriage dissolution order, securing a monetary award, is a judicial lien avoidable under section 522(f)(1) of the Bankruptcy Code.
• Dunson v. Stockton
  346 So. 2d 603· Fla. 1st DCA· 1977-05-27 ·cited 16×
  The Dunsons appealed a foreclosure judgment by mortgagee Stockton, Whatley, Davin & Co., arguing that their equitable interest in a construction contract should be superior to Stockton's mortgage lien. The court held that while the Dunsons were estopped by their deed to the contr
• LaFayette Wooten v. Bellinger
  17 Fla. 289· Fla.· 1879-06-01 ·cited 15×
  A seller seeking to enforce an equitable lien for unpaid purchase money on land and crops against a subsequent mortgage creditor who financed the crop. The court held that a defendant cannot obtain affirmative relief solely through an answer and must file a cross-bill, and that a
• Siegel v. Rowe
  71 So. 3d 205· Fla. 2d DCA· 2011-10-05 ·cited 14×
  Appellants Siegel and Leahy-Fernandez challenge attorney's fee awards under section 57.105(1), Florida Statutes, arising from the underlying action where Leahy-Fernandez's claims for recovery of $50,000 allegedly loaned to the appellees were rejected by the trial court. The appel
• Johnson v. Wortzel
  517 So. 2d 42· Fla. 3d DCA· 1987-12-01 ·cited 13×
  Buyers who defaulted on an executory contract for real estate sought recovery of payments made in part performance, while the seller sought damages and specific performance. The court held that under Florida law, a defaulting buyer cannot recover payments absent circumstances tha
• Nikki Dee Maus v. Maus
  837 F.2d 935· 10th Cir.· 1988-01-28 ·cited 12×
  A divorce decree's money judgment, if it creates a lien under state law, constitutes a judicial lien avoidable under 11 U.S.C. § 522(f)(1) if it impairs a debtor's homestead exemption.
• Chase Manhattan Bank v. Gems-By-Gordon, Inc.
  649 F.2d 710· 9th Cir.· 1981-06-29 ·cited 12×
  The court held that a negative pledge agreement, without evidence of intent to create a mortgage, cannot be foreclosed as an equitable mortgage.
• Hadley Stephens and Alicia Stephens v. Arrow Lumber Co., Inc.
  354 F.2d 732· 9th Cir.· 1966-01-06 ·cited 12×
  The court held that a conditional sales contract for real estate development, despite its title, could be considered an equitable mortgage, and the seller's interest was subordinate to materialman's liens.
• Howell v. Commercial Bank (Ocala Branch) a Corp. Organized & Existing Under the Laws of Fla.
  51 Fla. 460· Fla.· 1906-01-01 ·cited 12×
  Commercial Bank sought to enforce an equitable mortgage and lien on five mules against partnership Howell & Bell and related defendants. The Florida Supreme Court affirmed the trial court's decree for sale of the mules, holding that a parol agreement can create an equitable lien
• Svend O. Hansen v. Five Points Guar. Bank
  362 So. 2d 962· Fla. 1st DCA· 1978-08-24 ·cited 10×
  This appeal addresses the priority of liens and security interests in a foreclosure case. The court held that an option to purchase real estate, when recorded, constitutes a valid encumbrance binding on subsequent mortgagees with notice, and thus takes priority over a later impro
• Zirinsky v. Sheehan
  413 F.2d 481· 8th Cir.· 1969-07-14 ·cited 10×
  Statutory cancellation of a real estate contract does not bar a defaulting vendee's claim for unjust enrichment, but the vendee bears the burden of proving the vendor's retention of payments exceeds actual damages.
• Holmes v. Dunning
  101 Fla. 55· Fla.· 1931-04-02 ·cited 10×
  The Florida Supreme Court affirmed a mortgage foreclosure decree against defendants who challenged the mortgage's validity on grounds that it named a fictitious mortgagee (the 'Ora Snow Estate'). The court held that even if the mortgagee designation was defective, the instrument
• 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
• Pineapple Orange Co. v. White
  113 Fla. 774· Fla.· 1934-01-18 ·cited 9×
  Pineapple Orange Co. appealed from an order denying its motion to strike paragraphs and dismiss a bill of complaint seeking an accounting for land sale proceeds. The court held that a 1908 deed from Williams to a corporation was intended as a mortgage to secure White's debt to Wi
• 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.
• Smith v. Exerdell B. Martin and Albert C. Martin
  186 So. 2d 16· Fla.· 1966-03-02 ·cited 7×
  The Florida Supreme Court reversed a lower court's dismissal of a foreclosure action where a married woman fraudulently executed a mortgage describing herself as single to secure a loan that was used to discharge an encumbrance on her separate property. The court held that despit
• Bishop v. Orange Belt Sec. Co.
  127 Fla. 709· Fla.· 1937-04-17 ·cited 6×
  This case concerns a contract dispute over the cultivation of a citrus grove. The court affirmed a lower court's decision, finding that the contract was validly amended and that the parties' actions estopped the appellant from challenging its terms, particularly regarding the def
• Bank OF Am. v. Bank OF Salem & Mace David Howell, III
  48 So. 3d 155· Fla. 1st DCA· 2010-11-22 ·cited 5×
  Bank of Salem sought a constructive trust on proceeds from the sale of a condominium that Bank of America recovered through an Arkansas judgment against the Howell Estate. The trial court granted Bank of Salem's motion, but the appellate court reversed, holding that neither bank
• Akbar Nikooie v. Jpmorgan Chase Bank, N.A.
  183 So. 3d 424· Fla. 3d DCA· 2014-12-10 ·cited 4×
  This appeal involves competing mortgage liens on Miami Beach real estate where multiple lenders made loans with recording and tax compliance issues. The court affirmed most of the trial court's priority determinations but reversed and remanded regarding Nikooie's lien priority an
• In re Ryan v. Cont'l Assurance Co.
  851 F.2d 502· 1st Cir.· 1988-07-11 ·cited 4×
  A bankruptcy trustee, as a hypothetical bona fide purchaser, has priority over a prior unrecorded or defectively recorded mortgage if the trustee lacks actual or constructive notice under state law.
• Pollock v. Emil Morton
  455 So. 2d 574· Fla. 3d DCA· 1984-08-28 ·cited 4×
  Benjamin Pollock appealed a judgment granting Emil Morton an equitable lien on property held by T & M Investments, Inc. The Florida District Court of Appeal reversed, holding that advancing money to a corporation for real property acquisition does not create an equitable lien abs
• In the Matters of Walter J. Kassuba v. Realty Income Tr.
  562 F.2d 511· 7th Cir.· 1977-09-30 ·cited 4×
  The court held that where parties clearly intend a sale and leaseback with a repurchase option, and admit this intent, the transaction will not be treated as an equitable mortgage, even if it resembles one economically.
• Merchs. Mortg. Co. v. Bogan
  434 F.2d 490· D.C. Cir.· 1970-05-20 ·cited 4×
  The court held that a defective acknowledgment does not invalidate a mortgage between parties and that a guarantor is bound by a foreclosure deficiency judgment even without formal notice, especially when the loan is not usurious for a corporation.
• de Korwin v. First Nat'l Bank OF Chicago
  275 F.2d 755· 7th Cir.· 1960-02-03 ·cited 4×
  The court held that the spendthrift clause in the will did not apply to the corpus of the trust and that the assignments, despite their form, constituted loans subject to New York usury laws, but affirmed the trial court's equitable remedy.
• Barton v. Oculina Bank
  26 So. 3d 640· Fla. 4th DCA· 2010-01-20 ·cited 3×
  Lewis Barton appeals a summary judgment granting Oculina Bank an equitable mortgage on his residential property. The court reversed because a genuine dispute of material fact exists regarding whether the property qualifies as Barton's homestead, which would exempt it from foreclo
• Atl. Fed. Sav. & Loan Ass'n OF Fort Lauderdale v. Kitimat Corp.
  143 So. 2d 719· Fla. 2d DCA· 1962-08-15 ·cited 3×
  Atlantic Federal Savings and Loan Association appealed a summary final decree of foreclosure that granted the Greens an equitable mortgage lien on property they had conveyed to Kitimat Corporation. The court affirmed, holding that the Greens possessed a valid equitable mortgage l
• James W. Taylor as the Sole Heir v. Cummer Lumber Co.
  59 Fla. 638· Fla.· 1910-01-01 ·cited 3×
  The Florida Supreme Court affirmed a decree foreclosing the Cummer Lumber Company's mortgage on real estate purchased through a partnership between Lorenzo Taylor and Richard Silsbe Jr. The court held that Silsbe, as the ostensible owner and active partner, had authority to encum
• In re Destro v. Stuhley
  675 F.2d 1037· 9th Cir.· 1982-04-26 ·cited 2×
  An equitable lien, established through partial performance and estoppel, is superior to a bankruptcy trustee's claim as a judgment lien creditor, even if not perfected as a legal lien.
• Smith v. Errol J. Potter
  406 So. 2d 1231· Fla. 5th DCA· 1981-12-02 ·cited 2×
  A Florida appellate court reversed a trial court's dismissal of a complaint seeking to cancel a deed, holding that the complaint adequately alleged facts supporting an equitable mortgage claim under Florida law.
• Amacher v. Keel
  358 So. 2d 889· Fla. 2d DCA· 1978-05-17 ·cited 2×
  This case addresses whether an equitable lien can be created on real property to secure payment of a debt unrelated to the property itself. The court reversed the trial court's dismissal of appellants' complaint, holding that a written assignment of property expressing an intent
• Jefferson Nat'l Bank OF Miami Beach v. Three WAY Corp.
  232 So. 2d 433· Fla. 3d DCA· 1970-03-03 ·cited 2×
• Longdon v. Wakeley
  62 Fla. 530· Fla.· 1911-06-01 ·cited 2×
  Frank Longdon and his wife appealed a foreclosure decree entered by the Circuit Court for Volusia County. The Florida Supreme Court affirmed the foreclosure, holding that even if the mortgage lacked the statutory formality of two subscribing witnesses, the trustee had established