Equity Of Redemption

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

• Pierson v. Bill
  138 Fla. 104· Fla.· 1939-04-25 ·cited 18×
  Bill acquired property through a trustee (Union Trust Company) in 1934 without knowledge of an unrecorded 1925 mortgage held by Pierson. The court held that Bill is an innocent purchaser for value without notice, protected by the recording statute, and that the unrecorded mortgag
• Robbins v. Blanc
  105 Fla. 625· Fla.· 1932-06-04 ·cited 18×
  This case addresses whether a borrower seeking to redeem a usurious mortgage must offer to repay the full principal amount received, plus interest, or only the legally recoverable amount after forfeiture due to usury. The court held that an offer to pay what is justly due, as det
• Madeleine L. Browne v. Park
  144 Fla. 696· Fla.· 1940-11-05 ·cited 17×
  A mechanic's lien creditor enforced a lien against a widow's two-thirds interest in property without joining the owner of the remaining one-third interest. The Florida Supreme Court affirmed the enforcement, holding that Chapter 17097 permits enforcement of liens against an owner
• Alderman v. Whidden
  142 Fla. 647· Fla.· 1940-04-19 ·cited 17×
  Phil C. Parker acquired both a mortgage held by the original mortgagee and the mortgaged property through a sheriff's sale, resulting in a merger of the mortgage with the title. The Florida Supreme Court affirmed that this merger extinguished the mortgage as an encumbrance, precl
• Batchin v. Barnett Bank OF Sw. Fla. & Ann Kelz
  647 So. 2d 211· Fla. 2d DCA· 1994-08-05 ·cited 16×
  The court held that the trial court lacked authority to enter a foreclosure judgment because the service by publication was based on an insufficient affidavit of diligent search.
• Fed. Deposit Ins. Corp. v. Grady P. Morrison
  747 F.2d 610· 11th Cir.· 1984-11-27 ·cited 16×
  The court held that the FDIC's foreclosure sale, conducted according to contractual terms and Alabama law, did not deprive the mortgagor of constitutionally protected property rights, thus not violating the Due Process Clause.
• United States v. Ringwood Iron Mines, Inc.
  251 F.2d 145· 3d Cir.· 1958-01-20 ·cited 16×
  A state tax sale cannot divest a prior federal mortgage lien, as the 'first in time, first in right' rule applies.
• Shuptrine v. Wohl Holding Corp.
  147 Fla. 185· Fla.· 1941-02-25 ·cited 16×
  The Florida Supreme Court upheld the denial of a motion to dismiss in a suit by Wohl Holding Corporation challenging the validity of a deed granted by the Trustees of the Internal Improvement Fund to H.C. Shuptrine under the Murphy Act. The court held that Wohl had raised suffici
• White v. T.H. Brousseau
  566 So. 2d 832· Fla. 5th DCA· 1990-08-23 ·cited 15×
  The court reversed a judgment that cancelled a land contract buyer's equitable title through a forfeiture clause, holding that land contracts used to secure debt are equitable mortgages that must be foreclosed through judicial proceedings rather than self-help forfeiture, and tha
• First Fed. Sav. & Loan Ass'n of Fort Myers v. FOX
  440 So. 2d 652· Fla. 2d DCA· 1983-11-18 ·cited 15×
  The court held that executing an agreement for deed constitutes a transfer of an interest in real estate, thereby violating a mortgage's due-on-sale clause that prohibits transfers without lender consent.
• Baron De Hirsch Meyer v. Bricklayers
  144 Fla. 401· Fla.· 1940-10-08 ·cited 15×
  The Florida Supreme Court resolved a dispute over surplus proceeds from a foreclosure sale, holding that L.E. Dodge validly assigned his interest in the surplus to Baron De Hirsch Meyer before conveying the property to the Bricklayers union, and that the later deed to the union w
• Van Huss v. The Prudential Ins. Co. of Am.
  123 Fla. 20· Fla.· 1936-02-21 ·cited 15×
  The Florida Supreme Court affirmed a foreclosure decree in favor of Prudential Insurance Company against multiple defendants on a mortgage note. The court upheld the enforceability of the mortgage despite questions about the validity of execution by some defendants, including an
• Morris v. Waite
  119 Fla. 3· Fla.· 1935-04-03 ·cited 15×
  This case addresses whether courts can grant moratoriums on mortgage foreclosure proceedings due to economic depression. The court held that without specific statutory authority, courts cannot stay foreclosure proceedings based solely on general economic hardship.
• Kurz v. Pappas
  116 Fla. 324· Fla.· 1934-06-25 ·cited 15×
  In this second appeal concerning foreclosure and redemption rights, the Florida Supreme Court addresses whether a junior mortgagee can compel an accounting of rents and profits from a successor-in-title who obtained property through foreclosure of a senior mechanic's lien. The co
• Matthews v. Porter
  16 Fla. 466· Fla.· 1878-01-01 ·cited 15×
  Matthews sought specific performance of a conditional purchase agreement for Florida land, arguing that Porter held the property in trust as security for a loan. The Florida Supreme Court affirmed dismissal, holding that the written agreement clearly showed Matthews had only a co
• Sudhoff v. Fed. Nat'l Mortg. Ass'n
  942 So. 2d 425· Fla. 5th DCA· 2006-10-20 ·cited 14×
  Eva Sudhoff appeals the denial of her motions to intervene in and set aside a foreclosure sale of her marital home, arguing she was not named as a party and received no notice. The Fifth District Court of Appeal reversed, holding that Sudhoff was a necessary party to the foreclos
• In re Wayne D. and Annie M. Thompson v. Spears-Appellee
  894 F.2d 1227· 10th Cir.· 1990-01-30 ·cited 14×
  The court held that debtors retain the right to cure mortgage defaults under Chapter 13 of the Bankruptcy Code until the foreclosure sale, even after a state court judgment. This right is a matter of federal law, not strictly dictated by state property law concepts.
• 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
• 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.
• Bernice Higgs Banks v. Shaw
  144 Fla. 550· Fla.· 1940-10-08 ·cited 14×
  This case addresses whether property owners can redeem tax sale certificates by paying only the actual amount the certificate holder expended, plus interest, rather than the full face value of the certificates. The Florida Supreme Court held that in equity, owners are entitled to
• Wylly-Gabbett Co. v. Williams
  53 Fla. 872· Fla.· 1907-01-01 ·cited 14×
  The Florida Supreme Court held that a mortgage securing certain creditors' claims is not void as an unlawful assignment for the benefit of creditors, even when executed by an insolvent debtor covering substantially all of its property, if the debtor intended it merely as security
• Snow v. Lake's Administrator
  20 Fla. 656· Fla.· 1884-01-01 ·cited 14×
  The Florida Supreme Court affirmed a mortgage foreclosure decree against Long, who purchased mortgaged property via quitclaim deed from the mortgagor Snow. The court held that a quitclaim deed conveys only the grantor's existing interest (here, the equity of redemption), placing
• Mitchell v. Maxwell
  2 Fla. 594· Fla.· 1849-01-01 ·cited 14×
  In this 1849 case, the Florida Supreme Court addressed the proper procedure for enforcing a statutory right to sell a mortgagor's equity of redemption under execution. The court held that while the statute authorizing such sales is valid, the trial court must take affirmative ste
• John Crescent, Inc. v. Collins E. Peterson and Margaret E. Peterson
  401 So. 2d 1150· Fla. 4th DCA· 1981-07-29 ·cited 13×
  The trial court erred by extending the mortgagors' right of redemption after this court's mandate had effectively reinstated the certificate of title, thereby expiring the redemption period.
• Manley v. The Union Bank of Fla.
  1 Fla. 160· Fla.· 1846-01-01 ·cited 13×
  A mortgagee that has obtained a judgment at law upon the debt secured by a mortgage cannot thereafter proceed under a foreclosure statute to obtain another judgment at law for the same debt, as this would constitute an impermissible multiplicity of actions. An administrator de bo
• United States v. Morton L. Scholnick and Seymour Dunitz
  606 F.2d 160· 6th Cir.· 1979-10-02 ·cited 12×
  The court held that federal law governs the foreclosure of federally insured mortgages, and that the consent decree did not violate due process or Fed.R.Civ.P. 52(a), nor did it improperly extinguish appellants' rights.
• Sens v. Slavia, Inc.
  304 So. 2d 438· Fla.· 1974-11-13 ·cited 12×
  This case involves a dispute over a surplus fund from a mortgage foreclosure sale. The court held that Gilbert Sens, as trustee and purchaser of the equity of redemption, is entitled to the surplus fund, rejecting claims by unsecured tenant-creditors who had made advance rent pay
• MacARTHUR v. N. Palm Beach Utils., Inc.
  202 So. 2d 181· Fla.· 1967-07-26 ·cited 12×
  MacArthur seeks specific performance of an option to purchase a water and sewerage system that was part of a broader 1955 transaction in which he sold land to North Palm Beach Utilities and financed the utility system construction. The Florida Supreme Court held that the doctrine
• 601 W. 26 Corp. v. Equity Cap. Co.
  178 So. 2d 894· Fla. 3d DCA· 1965-10-12 ·cited 12×
  On remand following reversal of a foreclosure sale, the appellate court clarifies that while the mortgagee-in-possession may retain the property pending resale, an accounting must be conducted to determine credits and debits accrued since the original decree before a new sale can
• In re Tinkoff. Tinkoff v. Gold
  141 F.2d 731· 7th Cir.· 1944-02-09 ·cited 12×
  The court held that the filing of a bankruptcy petition under Section 74 of the Bankruptcy Act does not automatically void prior state court foreclosure proceedings, especially when the state court had already acquired jurisdiction and possession of the property.
• Tropical Jewelers, Inc. v. Nationsbank
  781 So. 2d 392· Fla. 3d DCA· 2000-12-27 ·cited 11×
  The Florida Third District Court of Appeal held that a guarantor is a 'debtor' under Article 9 of the Uniform Commercial Code and therefore cannot waive the statutory requirement that a secured creditor dispose of collateral in a commercially reasonable manner. The court reversed
• Gen. Bank v. Westbrooke Pointe, Inc.
  548 So. 2d 736· Fla. 3d DCA· 1989-08-22 ·cited 11×
  General Bank appeals the trial court's award of surplus foreclosure proceeds to the mortgagor Westbrooke Pointe rather than to General Bank as third mortgagee. The court holds that under Florida law, junior lienholders have priority over the mortgagor to surplus proceeds from a f
• John Stepp, Inc. v. First Fed. Sav. & Loan Ass'n OF Miami
  379 So. 2d 384· Fla. 4th DCA· 1980-01-04 ·cited 11×
  John Stepp, Inc. purchased mortgaged residential property from defaulting mortgagors and sought to exercise redemption rights after a judicial foreclosure sale but before confirmation. The court held that a purchaser from the mortgagors can exercise redemption rights and reversed
• Haynsworth v. Polk Cnty. Bldg. & Loan Ass'n
  111 Fla. 451· Fla.· 1933-07-18 ·cited 11×
  A mortgagee sought to redeem mortgaged property from a city tax lien foreclosure, claiming the city had agreed to allow installment payments on taxes before initiating foreclosure. The Florida Supreme Court affirmed the lower court's overruling of the city's motion to dismiss, ho
• Riley v. W.E. Grissett, Jr.
  556 So. 2d 473· Fla. 1st DCA· 1990-01-31 ·cited 10×
  In a foreclosure sale, the court reversed the trial court's grant of redemption rights to an unrecorded lessee who was not named as a party to the foreclosure action. The appellate court held that once a certificate of title issued to the foreclosure purchaser, no right of redemp
• S. Bank OF Lauderdale Cnty. v. Internal Revenue Serv.
  770 F.2d 1001· 11th Cir.· 1985-09-13 ·cited 10×
  A nonjudicial foreclosure sale conducted without proper notice to the United States, as required by 26 U.S.C. § 7425(b), does not disturb the federal tax lien, and the lien is elevated from its junior status.
• In re Hulm v. Hulm
  738 F.2d 323· 8th Cir.· 1984-07-05 ·cited 10×
  A mortgage foreclosure under North Dakota law effects a transfer of a debtor's interest in property under 11 U.S.C. § 548(a), and the price received at such a sale does not automatically constitute reasonably equivalent value without an evidentiary hearing.
• Williams v. Am. Bankers Life Assurance Co. OF Fla.
  379 So. 2d 119· Fla. 3d DCA· 1979-11-13 ·cited 10×
  The court held that a subordination agreement is not binding on an assignee of a mortgage taken as collateral security, and a mortgage consolidation agreement does not extinguish prior mortgages.
• Rosen v. Hunter
  227 So. 2d 689· Fla. 3d DCA· 1969-10-28 ·cited 10×
  The court addressed a motion concerning the issuance of a certificate of title following a foreclosure sale and a subsequent reversal of an order vacating that sale, ultimately framing the issue as one of equity of redemption.
• McLEAN v. Fed. Land Bank of Omaha
  130 F.2d 123· 8th Cir.· 1942-07-02 ·cited 10×
  A debtor who has a significant prior connection to a farm and retains an equitable interest, even after losing title, qualifies as a 'farmer' under Section 75, sub. s of the Bankruptcy Act.
• Broome v. Joseph H. Alston de bonis non of the estate of Augustus Alston
  8 Fla. 307· Fla.· 1859-01-01 ·cited 10×
  The Florida Supreme Court reversed a lower court decree that awarded slaves to an administrator of an estate, holding that a widow administrator's conveyance of estate property in a marriage settlement deed was void because she acted in her private capacity without proper authori
• 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
• 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
• Lawton v. McIlvaine
  113 Fla. 743· Fla.· 1934-01-15 ·cited 9×
  In this mortgage priority dispute, the Florida Supreme Court affirmed that when a mortgagee acquires fee simple title to protect her mortgage lien from intervening liens, no merger occurs that would extinguish her mortgage in favor of a senior mortgagee's lien. The court held tha
• Ferraro v. Emerson L. Parker
  229 So. 2d 621· Fla. 2d DCA· 1969-12-17 ·cited 8×
  Ferraro, a beneficiary in an Illinois Land Trust, appealed the dismissal of his declaratory judgment action seeking to treat his pledged trust participation certificate as a mortgage subject to foreclosure. The court affirmed the dismissal, holding that under Florida's land trust
• Terwilliger v. Ballard
  64 Fla. 158· Fla.· 1912-06-01 ·cited 8×
  This case involves a dispute over the foreclosure of a mortgage and the execution of a trust deed concerning an orange grove. The court determined that a trust deed, intended to secure a debt, should be treated as a mortgage. The appellate court reversed the lower court's decree
• Ephraim L. Harrison and wife v. Hiram Roberts
  6 Fla. 711· Fla.· 1856-02-01 ·cited 8×
  This case addresses the priority of liens and mortgages when a judgment creditor executes on property acquired by the defendant after judgment. The court holds that a judgment lien attaches to all real property of the defendant regardless of when acquired, and that the first mort
• Roan v. Geo. M. Holmes
  32 Fla. 295· Fla.· 1893-06-01 ·cited 7×
  Mary Jernigan sought dower rights in land her deceased husband owned, but the defendants claimed a mortgage she had joined in 1856 barred her claim. The Florida Supreme Court held that while the mortgage conditionally released her dower interest, it was not foreclosed and had not
• Shepard v. Kelly
  2 Fla. 634· Fla.· 1849-01-01 ·cited 7×
  In this 1849 Florida Supreme Court case, John Shepard challenges a mortgage foreclosure judgment entered against him by William Kelly. The court affirms the original foreclosure decree but reverses an amended decree that improperly specified execution against only the mortgaged p
• Martin Props., Inc. v. Fla. Indus. Inv. Corp.
  833 So. 2d 825· Fla. 4th DCA· 2002-12-11 ·cited 6×
  The appellate court reversed a lower court's ruling that a foreclosure sale's high bidder lacked standing to challenge the validity of an assignment of the equity of redemption. The court found the bidder had sufficient interest to challenge the assignment because if it were inva