Equity Of Redemption

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

• 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).
• Dock Roberts and Lorene Roberts v. J. I. Kislak Mortg. Corp. of Fla.
  257 So. 2d 599· Fla. 4th DCA· 1972-01-10 ·cited 6×
  This case involves a mortgage foreclosure where the mortgagors (Roberts) sought to exercise their right of equitable redemption by tendering payment after a foreclosure sale but before the Certificate of Title was properly issued. The court reversed the trial court's denial of th
• Catalina S. Wells v. Lizama
  396 F.2d 877· 9th Cir.· 1968-06-10 ·cited 6×
  The court held that under the Guam Land Title Registration Act, subsequent purchasers are protected by the certificate of title, and possession or inadequate consideration do not impart notice unless there is actual fraud.
• Maynard v. Sutherland
  313 F.2d 560· D.C. Cir.· 1962-11-01 ·cited 6×
  The execution of an unrecorded deed of trust by one joint tenant to secure a debt to the other joint tenant does not sever the joint tenancy, especially when the intent of the parties was to maintain the joint tenancy.
• Scroggin Farms Corp. v. McFADDEN
  165 F.2d 10· 8th Cir.· 1948-01-07 ·cited 6×
  The court held that the appellant's claims against both the Commodity Credit Corporation and McFadden were barred by the statute of limitations and, on the merits, that McFadden, as a good faith second assignee, could retain the warehouse receipts.
• Layton v. Thayne
  133 F.2d 287· 10th Cir.· 1943-01-19 ·cited 6×
  A farmer's right of redemption, while protectable, does not grant possession of the property if all interest has been conveyed and possession lost. However, the farmer's status under the Act is not necessarily lost due to enforced curtailment of operations.
• Howard v. Admr.
  116 Fla. 381· Fla.· 1934-09-06 ·cited 6×
  This case consolidates two appeals concerning mortgage foreclosure. The court affirmed the lower court's decision to overrule a motion to dismiss, finding that while the pleadings could have been clearer, they were sufficient by inference to establish the necessary facts for fore
• Harp v. McRae
  100 Fla. 141· Fla.· 1930-07-03 ·cited 6×
  Martha M. Harp sought foreclosure of a mortgage securing three promissory notes totaling $9,000. The central issue was whether Stella B. McRae validly acquired note No. 2 from the Virginia-Carolina Chemical Company, or whether her husband J. E. McRae's payment of consideration fo
• Lowell Holbrook v. Betton
  5 Fla. 99· Fla.· 1853-01-01 ·cited 6×
  In this 1853 Florida Supreme Court case, Holbrook and other defendants appealed a foreclosure judgment involving competing claims to real property in Tallahassee. The court held that when a vendor rescinded a land purchase contract and accepted the vendee's equity in exchange for
• Metroplex Invs., Inc. v. Precision Equity Invs., Inc.
  647 So. 2d 304· Fla. 5th DCA· 1994-12-16 ·cited 5×
  Metroplex Investments appealed the trial court's order upholding the redemption of foreclosed property by the Cavanaughs. The Fifth District Court of Appeal affirmed, holding that the property was lawfully redeemed before the certificate of title was issued, in full compliance wi
• Thecsuccess Corp. v. Graham
  577 So. 2d 590· Fla. 4th DCA· 1991-01-23 ·cited 5×
  The court held that a genuine issue of material fact exists regarding whether the doctors' final judgments have been satisfied, thus reversing the finding of an equity of redemption. The court affirmed the redemption price set by the trial court.
• Watson v. Vafides
  212 So. 2d 358· Fla. 1st DCA· 1968-06-18 ·cited 5×
  A trustee who made a lower bid at a foreclosure sale's second offering appeals the chancellor's decision to set aside that sale and order a new public sale. The court affirmed, holding that the chancellor had discretion to refuse confirmation of the sale because the clerk conduct
• Freeman F. Gross v. Hammond
  138 Fla. 20· Fla.· 1939-05-16 ·cited 5×
  Freeman F. Gross sought specific performance of an option agreement to repurchase a hotel property, claiming a "friendly foreclosure" by mortgagee Charles S. Munson was merely a change in security form rather than a true discharge of the debt. The Florida Supreme Court affirmed t
• JRBL Dev., Inc. v. Maiello
  872 So. 2d 362· Fla. 2d DCA· 2004-04-23 ·cited 4×
  The trial court lacked the authority to extend a mortgagor's right of redemption after the certificate of sale had been filed.
• Marriott v. Milan Schultheis
  553 So. 2d 1316· Fla. 3d DCA· 1989-12-12 ·cited 4×
• United States Dev. Corp. v. Peoples Fed. Sav. & Loan Ass'n
  873 F.2d 731· 4th Cir.· 1989-04-28 ·cited 4×
  The court held that summary judgment was properly granted on the original contract and deceptive trade practice claims, but improperly granted sua sponte on the newly added contract claim without adequate notice.
• Pioneer Fed. Sav. & Loan Ass'n v. Reeder
  453 So. 2d 126· Fla. 2d DCA· 1984-07-11 ·cited 4×
  Pioneer Federal Savings and Loan Association appealed the dismissal of its mortgage foreclosure action against the Reeders, who had entered into an agreement for deed with Corinthian Investments without Pioneer Federal's written consent. The court held that an agreement for deed
• 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.
• United States v. The Golf Club Co.
  435 F.2d 9· 5th Cir.· 1970-12-08 ·cited 4×
  The court held that Georgia law grants trial courts discretion to order a resale of property after foreclosure, and does not mandate it even when the sale price is significantly below market value.
• United States v. Gargill
  218 F.2d 556· 1st Cir.· 1955-01-18 ·cited 4×
  The court held that the trust mortgagees were "mortgagees" within the meaning of 26 U.S.C. § 3672, making the Government's unrecorded tax lien invalid against them.
• Weissman v. Lincoln Corp.
  76 So. 2d 478· Fla.· 1954-11-09 ·cited 4×
  Weissman purchased pledged stock at a foreclosure sale in New York but the original stockholders sought to redeem it under preemptive rights contained in a stockholders' agreement. The Florida Supreme Court held that stockholders' preemptive rights are binding against purchasers
• Parkerson v. Chapman
  179 F.2d 208· 4th Cir.· 1950-01-04 ·cited 4×
  A parol declaration of trust, if unequivocal and explicit and proven by clear and convincing evidence, can be valid under Virginia law, and a foreclosure sale does not affect the interest of a beneficiary not made a party to the suit, especially when the purchaser had constructiv
• Comstock v. Thompson
  158 F.2d 151· 8th Cir.· 1946-12-05 ·cited 4×
  The court held that the trustee had the authority to pay off outstanding bonds from estate funds, as it was in the best interest of the estate and the public.
• In re Brown v. State Bank of Hardinsburg
  124 F.2d 701· 7th Cir.· 1941-11-08 ·cited 4×
  The dissenting judge believes the debtors had no interest in the property at the time of filing their petition, thus not entitled to the Bankruptcy Act's benefits.
• Richardson v. Gaither
  70 Fla. 145· Fla.· 1915-07-09 ·cited 4×
  Richardson sued to enforce a mortgage and establish his superior equitable interest in the debt underlying the mortgage, alleging that defendants fraudulently assigned the mortgage without his knowledge. The court reversed the trial court's dismissal of his bill of complaint, hol
• Robinson v. Tischler
  69 Fla. 77· Fla.· 1915-02-03 ·cited 4×
  This case concerns whether a state equity court can impose an equitable lien on property fraudulently transferred by a debtor before bankruptcy, even after the debtor's discharge. The Florida Supreme Court reversed the lower court's dismissal, holding that judgment creditors may
• Rothschild Reserve Int'l, Inc. v. Silver
  830 So. 2d 224· Fla. 4th DCA· 2002-11-13 ·cited 3×
  Rothschild Reserve International appealed a trial court's enforcement of a settlement agreement in a mortgage foreclosure case, arguing that a warranty deed given as part of the settlement should be treated as a mortgage under Florida Statute § 697.01(1). The appellate court affi
• Maniscalco v. Hollywood Fed. Sav. & Loan Ass'n
  397 So. 2d 453· Fla. 4th DCA· 1981-04-29 ·cited 3×
  A party whose conduct has misled a defendant into believing that strict adherence to payment schedules is not required may be estopped from seeking default judgment without providing notice of subsequent defaults.
• Maston G. O'Neal, Jr. v. MacNEILL
  238 So. 2d 648· Fla. 3d DCA· 1970-06-16 ·cited 3×
  The court held that a warranty deed, absolute on its face, was an effective transfer of O'Neal's interest in the property to MacNeill, not merely security, based on the parties' agreement.
• Waterview Towers Yacht Club-The Ultimate v. Saeid C. Givianpour
  159 So. 3d 174· Fla. 1st DCA· 2015-02-05 ·cited 2×
  The right of redemption is extinguished upon the filing of a certificate of sale, as provided by statute and the foreclosure judgment.
• Deluxe Motel, Inc. v. Natverlal K. Patel and Kalavati Patel
  770 So. 2d 283· Fla. 5th DCA· 2000-11-03 ·cited 2×
  The Controlled Substances Act does not allow a medical necessity defense for manufacturing and distributing marijuana, a Schedule I controlled substance.
• THE Florida BAR v. Price
  569 So. 2d 1261· Fla.· 1990-11-08 ·cited 2×
  The court held that an attorney's misconduct in dismissing a client's bankruptcy case without consent or knowledge warrants a public reprimand, not a private one.
• In re Warne Ehring v. Western Community Moneycenter
  900 F.2d 184· 9th Cir.· 1990-04-03 ·cited 2×
  A nonjudicial foreclosure sale by a secured creditor within 90 days of bankruptcy filing is a transfer, but it does not constitute an avoidable preference under 11 U.S.C. § 547(b) if the creditor does not receive more than it would have in a Chapter 7 liquidation.
• Sutton v. Bloom
  710 F.2d 1188· 6th Cir.· 1983-06-27 ·cited 2×
  The court held that the Suttons' housing discrimination claim under 42 U.S.C. §§ 1981 and 1982 was barred by the 180-day statute of limitations found in the Ohio Fair Housing Act, as it was the most analogous state statute.
• 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.
• Cull v. Hurth
  384 So. 2d 295· Fla. 4th DCA· 1980-06-11 ·cited 2×
  The court held that the trial court's order, which denied a motion to set aside a judicial sale while simultaneously reserving ruling on a motion to vacate the underlying final judgment, constituted a departure from the essential requirements of law.
• United States v. S. M. Sage in bankruptcy for Guy O. Foss
  566 F.2d 1114· 9th Cir.· 1977-12-30 ·cited 2×
  The court held that the surplus proceeds from a tax sale belong to the delinquent taxpayer's trustee in bankruptcy, not to a purchaser who paid off a senior mortgage.
• In re Freed & Co. v. Freed & Co.
  534 F.2d 1235· 6th Cir.· 1976-05-04 ·cited 2×
  The Bankruptcy Court has jurisdiction under § 314 of the Bankruptcy Act to enjoin a state court foreclosure proceeding, even when a receiver has been appointed, to protect the debtor's equity in the property.
• Madison Props., Inc. v. United States
  375 F.2d 740· 9th Cir.· 1967-04-04 ·cited 2×
  The court held that the appellant failed to comply with Washington state redemption procedures within the statutory one-year period, thus redemption was properly denied.
• Huguley v. Hall
  141 So. 2d 595· Fla. 1st DCA· 1962-05-15 ·cited 2×
  The appellate court reversed the summary final judgment, holding that the trial court erred in denying the defendant's motion to transfer the cause to the law side of the court. The court found that the complaint, seeking rescission and cancellation of a contract for the sale of
• Goodman v. Michael
  280 F.2d 106· 1st Cir.· 1960-06-27 ·cited 2×
  The court held that the district court did not err in finding that the petition for reorganization was not filed in good faith, nor did it deny petitioners a fair trial.
• Barlow v. Fed. Land Bank of Berkeley
  156 F.2d 360· 10th Cir.· 1946-07-03 ·cited 2×
  A debtor cannot use Section 75 of the Bankruptcy Act to adjudicate a statutory right of redemption that arises after prior proceedings concerning the same property have been concluded.
• In re Tinkoff. Tinkoff v. Gold
  123 F.2d 528· 7th Cir.· 1941-10-27 ·cited 2×
  The bankruptcy court had the power to vacate its prior restraining order and allow the warehouseman to proceed with the sale of chattels for unpaid storage charges.
• Bird v. Earle & Perkins
  15 Fla. 447· Fla.· 1875-06-01 ·cited 2×
  This case involves a dispute over a mortgage on crops, where co-tenants of the land sought to assert their rights against the mortgagee. The court affirmed the foreclosure decree, finding that the co-tenants' claims did not invalidate the mortgage on the crops produced by one of
• Judge v. Forsyth's Executors
  11 Fla. 257· Fla.· 1867-01-01 ·cited 2×
  William Judge executed a mortgage on five enslaved persons to secure a $2,000 promissory note in 1859. When Forsyth's executors sought foreclosure in 1866, Judge pleaded that the mortgaged property no longer existed because the enslaved persons had become free following the Civil
• Wilson v. Hayward
  2 Fla. 27· Fla.· 1848-01-01 ·cited 2×
  A Florida Supreme Court decision addressing the proper forum and procedures for foreclosing on mortgages when multiple secured notes exist and prior foreclosure judgments have already been entered. The Court held that such cases with competing interests must proceed in equity cou
• Gunning v. EQUESTLEADER.COM, Inc.
  253 So. 3d 646· Fla. 2d DCA· 2017-10-13 ·cited 1×
  Equestleader.com sued Gunning, Castle Consulting, and River of Life for civil trespass after discovering a defect in a 2006 warranty deed and claiming the defendants occupied the property without authority after 2010. The appellate court reversed, holding that as a matter of law
• CCC Props., Inc. v. Kane
  582 So. 2d 159· Fla. 4th DCA· 1991-07-10 ·cited 1×
  CCC Properties and F.B. Night appealed from a summary judgment that set aside and cancelled their certificate of sale and title from a judicial foreclosure sale. The court affirmed, holding that the mortgagors properly exercised their right of redemption by paying off the judgmen
• Hoffman v. Semet
  316 So. 2d 649· Fla. 4th DCA· 1975-07-18 ·cited 1×
  A vendee in possession under an agreement for deed has an equity of redemption subject to levy and execution by judgment creditors. The court reversed the trial court's judgment that the vendee's interest was not subject to execution, holding that an agreement for deed functions
• Everglades Sugar & Land Co. v. O'Byrne
  113 Fla. 736· Fla.· 1934-01-12 ·cited 1×
  This case involves an appeal from a foreclosure proceeding where the appellate court considered whether the lower court erred in striking portions of the defendant's answer. The defendant claimed it acted merely as an agent for the mortgagee when signing the mortgage and notes, a