Equity Of Redemption

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

• William E. Sapp and his wife v. Warner
  105 Fla. 245· Fla.· 1932-04-19 ·cited 373×
  The Florida Supreme Court held that purchasers claiming title through a recorded guardian's deed are charged with implied actual notice of unrecorded purchase money mortgages when examination of the County Judge's proceedings authorizing the guardian's sale would necessarily disc
• George E. Sebring Co. v. O'Rourke
  134 So. 556· Fla.· 1931-02-13 ·cited 113×
  The Florida Supreme Court reversed the lower court's denial of a demurrer to a creditor's bill seeking to set aside allegedly fraudulent conveyances. The court held that a creditor holding notes secured by a mortgage on different property must first obtain a judgment at law befor
• Holmberg v. Cary A. Hardee
  90 Fla. 787· Fla.· 1925-12-09 ·cited 108×
  Executors of Richard J. Bolles's estate sought to have a deed conveying 250,000+ acres of Everglades land to the State's Internal Improvement Fund trustees declared a mortgage, rather than an absolute deed. The Florida Supreme Court held the deed was an absolute conveyance with a
• Ball v. Yates
  158 Fla. 521· Fla.· 1946-11-29 ·cited 89×
  In this contract dispute, Edward Ball was sued on an alleged oral contract allegedly made through Suttles to pay second mortgage bonds held by Marks. The Florida Supreme Court reversed a jury verdict for the plaintiff, finding insufficient evidence that Suttles was Ball's authori
• Johnson v. First Nat'l Bank of Montevideo
  719 F.2d 270· 8th Cir.· 1983-10-11 ·cited 86×
  A bankruptcy court cannot use its general equitable powers under 11 U.S.C. § 105(a) to suspend a state statutory redemption period, nor does the automatic stay under 11 U.S.C. § 362(a) apply to the mere running of such a period.
• Pasco v. Jamis T. Harley
  73 Fla. 819· Fla.· 1917-04-03 ·cited 86×
  The Florida Supreme Court held that homestead exemptions are subject to judgment and execution liens that attached to property before the debtor acquired the status of head of family. Pasco, as receiver of a bank, sought to prevent Harley from claiming homestead exemptions on pro
• Jordan v. Sayre
  24 Fla. 1· Fla.· 1888-01-01 ·cited 63×
  In this mortgage foreclosure case, the Florida Supreme Court upheld the right of mortgagees to foreclose on mortgaged property even though the statutory period for a mortgage lien (20 years) had not fully expired, rejecting the mortgagor's argument that the foreclosure was barred
• Henderson v. Usher
  125 Fla. 709· Fla.· 1936-09-21 ·cited 60×
  Frank Duff Frazier died intestate regarding his widow's interests, leaving property to his widow Marjorie and daughter Diana. After the widow remarried and filed a dissent to claim dower, executors sought guidance on how to allocate dower rights across various assets. The Florida
• Eliza N. Shear v. Robinson
  18 Fla. 379· Fla.· 1881-06-01 ·cited 59×
  In this equity case, the Florida Supreme Court held that a deed executed by Mrs. Eliza Shear to William Robinson on January 4, 1878, should be treated as a mortgage securing her debt of $3,336.91, not as an absolute conveyance of title. The court reversed the lower court's decisi
• Jackson v. Relf
  26 Fla. 465· Fla.· 1890-06-01 ·cited 57×
  Jackson challenges a foreclosure decree on a mortgage securing promissory notes for land purchased in 1872. The Florida Supreme Court affirmed the foreclosure, rejecting Jackson's merger defense based on the mortgagees' tax purchase of the property, holding that merger does not o
• Chase & Co. v. Little
  116 Fla. 667· Fla.· 1934-09-27 ·cited 53×
  This case concerns whether J. B. Little is judicially estopped from foreclosing a mortgage he purchased after being party to a prior creditor's bill suit that resulted in an unfavorable decree. The Florida Supreme Court held that Little is not estopped from foreclosing because th
• In re Martin Bros. Toolmakers, Inc. v. Indus. Dev. Bd. OF the City OF Huntsville & Cent. Bank of the S.
  796 F.2d 1435· 11th Cir.· 1986-08-18 ·cited 45×
  The court held that the agreement is a lease subject to § 365 of the Bankruptcy Code, affirming the district court's decision.
• Cain & Bultman, Inc. v. Miss SAM, Inc.
  409 So. 2d 114· Fla. 5th DCA· 1982-01-27 ·cited 45×
  This case resolves competing claims to Florida real property between Cain & Bultman (holder of a subsequently recorded mortgage) and Miss Sam (successor to contract purchasers under an unrecorded agreement for deed). The court held that Cain & Bultman acquired its mortgage with c
• 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
• United States v. Stadium Apts., Inc.
  425 F.2d 358· 9th Cir.· 1970-04-14 ·cited 44×
  The dissenting judge argues that federal courts should not abrogate state-created redemption rights in federal housing programs without clear legislative mandate, as these rights are historically rooted and serve important equitable purposes.
• Mid-State Inv. Corp. v. O'Steen
  133 So. 2d 455· Fla. 1st DCA· 1961-09-21 ·cited 44×
  Mid-State Investment Corporation appealed from a judgment for conversion and trespass after it repossessed property from the O'Steens in violation of mortgage foreclosure procedures. The court held that the contract for deed constituted a mortgage under Florida law, requiring for
• Amado Evarito Garcia v. Stewart
  906 So. 2d 1117· Fla. 4th DCA· 2005-05-25 ·cited 41×
  Garcia appeals from an order denying his motion to set aside a court order that disbursed surplus foreclosure proceeds to the condominium association. The court reversed, holding that the trial court lacked subject matter jurisdiction to distribute funds to a senior lienholder af
• Neubert v. Massman Bros. & Co.
  37 Fla. 91· Fla.· 1896-01-01 ·cited 38×
  In this equity case, the Florida Supreme Court addressed whether a judgment creditor could reach real property that a debtor had purchased but titled in another's name to conceal it from creditors. The court held that such property could be reached in equity, and that a purchaser
• Marcus v. Hull
  142 Fla. 306· Fla.· 1939-05-09 ·cited 37×
  Marcus sought to have a deed absolute to the Hulls declared a mortgage and to recover his property after accounting for rents collected. The Florida Supreme Court reversed the lower court's dismissal, holding that the deed was intended to be a mortgage based on the parties' condu
• Jordan v. Sayre
  29 Fla. 100· Fla.· 1892-01-01 ·cited 36×
  This case addresses whether a mortgagee's warranty deed conveying part of mortgaged property to one party operates as an assignment of the mortgage debt, and whether a subsequent purchaser can acquire a valid tax title against the mortgagee's lien. The court held that the mortgag
• Allstate Mortg. Corp. OF Fla. & Inca Int'l Corp. v. Strasser
  277 So. 2d 843· Fla. 3d DCA· 1973-04-17 ·cited 35×
  The court affirmed a trial court's order permitting redemption of foreclosed property after the day of sale but before confirmation. The court held that the 1972 amendment to Florida Statute § 45.031(1) did not eliminate the common law right to redeem prior to confirmation of the
• 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
• Hay v. Frank W. Isetts and wife
  98 Fla. 1026· Fla.· 1929-12-03 ·cited 35×
  In this mortgage foreclosure appeal, the Florida Supreme Court dismissed the appeal filed by Mary G. Hay, William R. Hay, and Mary G. Hay, Inc. because necessary co-defendants—including D. Krokover, Florence Goldsmith, and Percy C. Pachtman—were not made parties to the appeal. Th
• Eyal Emanuel v. Bankers Tr. Co., N.A.
  655 So. 2d 247· Fla. 3d DCA· 1995-06-07 ·cited 33×
  The court reversed a trial court order permitting a mortgagor to redeem property after a foreclosure sale certificate had been issued to intervening purchasers. The decision clarifies that Florida Statute § 45.0315 (effective October 1, 1993) displaces common law redemption right
• United States v. Field
  193 F.2d 92· 2d Cir.· 1951-10-30 ·cited 33×
  The court held that the trustees of a bail fund, acting as sureties, could not invoke the Fifth Amendment privilege against self-incrimination to refuse to disclose information about the fund's donors or the whereabouts of fugitives, as their obligation as sureties superseded thi
• Brown v. The Atlanta Nat'l Bldg. & Loan Ass'n
  46 Fla. 492· Fla.· 1903-06-01 ·cited 32×
  This case addresses whether a party holding a paramount title adverse to both a mortgagor and mortgagee can be joined in a foreclosure suit. The court held that generally, such a party cannot be joined, as foreclosure suits are not the proper venue for litigating claims of paramo
• In re Madison Hotel Assocs.
  749 F.2d 410· 7th Cir.· 1984-11-06 ·cited 30×
  The court held that a Chapter 11 plan can cure a default on an accelerated loan, even after a foreclosure judgment, if the plan cures the default, reinstates the loan, compensates for reliance damages, and does not alter other rights, thus rendering the creditor unimpaired.
• Rosen v. Dorn-Kothe, Inc.
  126 Fla. 717· Fla.· 1936-12-31 ·cited 29×
  A Florida Supreme Court decision addressing whether a purchaser under a land sales contract can claim a portion of surplus funds from a foreclosure sale. The court held that a purchaser who is not in default may recover their down payment from the surplus, reversing the trial cou
• Nicholas and Virginia Maiorino v. Branford Sav. Bank
  691 F.2d 89· 2d Cir.· 1982-10-07 ·cited 28×
  Parties cannot agree to a direct appeal to the court of appeals from an interlocutory order of a bankruptcy court, as jurisdiction is limited to final judgments, orders, or decrees.
• Hallenbeck v. Penn Mut. Life Ins. Co.
  323 F.2d 566· 4th Cir.· 1963-10-03 ·cited 28×
  A bankruptcy court, under Chapter XIII, has the statutory power to enjoin foreclosure proceedings on a debtor's real estate, even if the secured debt is excluded from the plan, provided the injunction is necessary, does not impair the lien, and ensures full contract payments.
• McMahon v. Russell
  17 Fla. 698· Fla.· 1880-01-01 ·cited 28×
  The Florida Supreme Court held that a widow is entitled to dower in lands subject to a second mortgage that she did not join, even though she relinquished dower rights when joining in the first purchase-money mortgage. However, she cannot claim dower against the purchase-money mo
• Thrasher v. Doig & Geiger
  18 Fla. 809· Fla.· 1882-01-01 ·cited 27×
  In this 1882 Florida Supreme Court case, materialmen Doig & Geiger sought to charge real property with a lien for lumber used in constructing a house, claiming Thrasher had promised payment. The court reversed the decree because Thrasher held title as trustee for his wife and chi
• Anderson Snow v. Nowlin
  125 Fla. 166· Fla.· 1936-08-06 ·cited 26×
  This case reviews interlocutory orders in a chattel mortgage foreclosure suit. The appellate court affirmed the lower court's decision regarding a clause in the mortgage that allowed the mortgagor to retain a percentage of the property's value after default and foreclosure, findi
• Pasco v. Gamble
  15 Fla. 562· Fla.· 1876-01-01 ·cited 26×
  The Florida Supreme Court held that a court of equity may appoint a receiver of rents and profits from mortgaged property at the mortgagee's suit, even though a Florida statute deprived mortgagees of the legal right to possession. The court reversed the appointment order as proce
• Weir v. United States
  339 F.2d 82· 8th Cir.· 1964-12-09 ·cited 25×
  The court held that the district court did not err in refusing to set aside the execution sale because the appellant waived his rights by failing to exercise them and the sale price was not unconscionably low. Furthermore, the appeal from the denial of the untimely motion for a n
• J. M. Coe de bonis non of the Estate of W. E. Coe v. Finlayson
  41 Fla. 169· Fla.· 1899-01-01 ·cited 25×
  A Florida Supreme Court decision holding that a seven-year adverse possession does not bar a foreclosure decree on mortgaged land, and that a foreclosure suit properly revived before the statute of limitations runs is not barred by the statute even if many years have passed since
• Troupe v. Redner
  652 So. 2d 394· Fla. 2d DCA· 1995-02-10 ·cited 24×
  The court held that a party who assigns a note as collateral, and whose assignee then assigns it to another party, no longer possesses the legal title or status as 'holder' necessary to enforce the note.
• United States v. Boyd
  246 F.2d 477· 5th Cir.· 1957-06-28 ·cited 24×
  A valid non-judicial mortgage foreclosure sale under state law extinguishes junior federal tax liens, and the government's sole remedy is to exercise its statutory right of redemption.
• Green Franklin v. Ayer
  22 Fla. 654· Fla.· 1886-06-01 ·cited 24×
  Green Franklin, an illiterate freedman, sought to redeem land he had conveyed to Thomas Ayer, claiming the absolute deed was intended as a mortgage to secure a loan. The Florida Supreme Court held that despite the deed's form, parol evidence and surrounding circumstances establis
• Bellamy v. the Sheriff of Jackson Cnty.
  6 Fla. 62· Fla.· 1855-01-01 ·cited 24×
  The trust deed of November 1844 was valid between the parties and included the mortgaged slaves and land by virtue of the general language 'all his personal effects of every name, nature and description' and the reference to 'future cotton crops made on said plantation,' which ne
• Shipp Corp., Inc. v. Charpilloz
  414 So. 2d 1122· Fla. 2d DCA· 1982-06-04 ·cited 22×
  A junior mortgagee's equity of redemption is extinguished upon entry of final judgment in a senior mortgagee's foreclosure action, and mere inadequacy of price is insufficient to set aside a judicial sale absent gross inadequacy coupled with fraud or irregularity.
• Belton v. Summer
  31 Fla. 139· Fla.· 1893-01-01 ·cited 22×
  The Florida Supreme Court held that a daughter born after her father's death could redeem mortgaged property foreclosed upon during probate, because the will executed before the father's marriage was revoked by operation of law, making the executor who foreclosed the mortgage lac
• In re Metmor Fin. v. Metmor Fin., Inc.
  819 F.2d 446· 4th Cir.· 1987-05-20 ·cited 21×
  An innocent lienor is entitled to post-seizure interest on its mortgage from the date of seizure until the property is sold, as the government's interest is no greater than that of the wrongdoer.
• Pierson v. Bill
  133 Fla. 81· Fla.· 1938-07-06 ·cited 21×
  Suzanne Pierson held an unrecorded mortgage on property that was later conveyed through a chain of transactions by deed without warranty. The Florida Supreme Court held that a deed containing language indicating the grantor conveyed only her equity, with no warranty against encum
• Kane v. Eustis
  106 Fla. 817· Fla.· 1932-09-28 ·cited 21×
  A second mortgagee who acquires a tax deed indirectly through a quit claim from another cannot assert the tax title as superior to the first mortgage, but equity will subrogate the second mortgagee to the tax lien holder's priority rights to recover the taxes paid from foreclosur
• 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
• United States v. Victory Hwy. Vill., Inc.
  662 F.2d 488· 8th Cir.· 1981-10-28 ·cited 20×
  The court held that the United States was entitled to judicial foreclosure on the mortgage due to undisputed default, and that equitable grounds cited by the lower court were insufficient to deny foreclosure.
• Wharton v. Farmers & Merchs. Bank of Green Ridge
  119 F.2d 487· 8th Cir.· 1941-05-05 ·cited 20×
  The court held that even if dismissal orders were erroneous, they could not be vacated after creditors' rights vested through foreclosure in reliance on those orders.
• Wildwood Crate & Ice Co. v. The Citizens Bank of Inverness
  98 Fla. 186· Fla.· 1929-07-18 ·cited 20×
  The Florida Supreme Court reversed a decree perpetually enjoining an execution sale of chattels, holding that a mortgagee with a superior lien cannot obtain equitable relief by injunction without exhausting or demonstrating the inadequacy of the statutory remedy provided under Se
• Pearson v. Helvenston
  50 Fla. 590· Fla.· 1905-06-01 ·cited 20×
  This case concerns a dispute over a writ of assistance following a mortgage foreclosure sale. The appellate court affirmed the lower court's denial of the writ, holding that a tax deed title, claimed to be independent of the mortgage, could not be adjudicated in the foreclosure p