Equity Of Redemption

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

• 2275 NE 120 St., LLC v. Sanchez Struve Bus. Advisors, LLC
  Fla. 3d DCA· 2021-11-10
  A mortgagor's right of redemption must be timely claimed by tendering the amount due within the statutorily prescribed period; failure to do so results in forfeiture of the right, and a trial court does not abuse its discretion in denying a motion to vacate a foreclosure sale fil
• Cotromano ex rel. Cotromano v. United Techs. Corp.
  2014 U.S. Dist. LEXIS 45447· S.D. Fla.· 2014-03-24
• JP Morgan Chase Bank v. U.S. Bank Nat'l Ass'n
  929 So. 2d 651· Fla. 4th DCA· 2006-05-17
  The trial court erred by disbursing surplus foreclosure proceeds without determining the priority of liens, particularly when aware of an unsatisfied second mortgage.
• Fam. Bank v. Able Realty OF Am. Corp.
  702 So. 2d 1322· Fla. 4th DCA· 1997-11-26
  The court reversed a decision regarding a landlord's potential entitlement to a mandatory injunction for specific performance of a continuous operations clause, and addressed the landlord's right to liquidated damages in lieu of percentage rent.
• Pension Benefit Guar. Corp. v. Am. Shelter Indus., Inc.
  M.D. Fla.· 1993-05-11
• Trent v. United States
  893 F.2d 846· 6th Cir.· 1990-01-11
  The dissent argues that an Ohio court of equity would recognize Norma Jean Collins' reversionary interest in jointly owned real estate placed in trust upon divorce, despite her relinquishment of equitable interest during the trust's existence.
• Looney v. Farmers Home Administration
  794 F.2d 310· 7th Cir.· 1986-06-27
  The court held that foreclosure, not forfeiture, was the more appropriate remedy for default on a land sales contract when the property had appreciated significantly and the buyers had made substantial payments, including interest and upkeep.
• Rechtien v. Ryder Sys.
  S.D. Fla.· 1985-08-28
  The court held that the plaintiff was not entitled to a benefit adjustment from the retirement plan because he failed to meet the required service hours and had waived his entitlement to such benefits.
• Land & Leisure, Inc. v. Valdez
  389 So. 2d 1093· Fla. 5th DCA· 1980-11-05
  The court held that the trial court erred in not dismissing Count IV for failure to state a claim, but affirmed the denial of other dismissal and joinder motions.
• Bolling v. Lamberson
  352 So. 2d 532· Fla. 1st DCA· 1977-11-18
  Mortgagees appealed a summary judgment that dismissed their foreclosure action. The court reversed, holding that an agreement with the SBA to provide 30 days' notice prior to instituting foreclosure proceedings does not modify the mortgagees' right to accelerate the debt upon def
• Acco, Inc. v. Biscayne Fed. Sav. & Loan Ass'n
  352 So. 2d 884· Fla. 4th DCA· 1977-11-15
  Acco, Inc., a heating-air conditioning contractor, appealed summary judgment in favor of Biscayne Federal Savings and Loan Association in a foreclosure action where Acco was not joined but was later compelled to exercise redemption rights. The court reversed, holding that Acco's
• Schwartz v. Peterson
  46 Fla. Supp. 97· Palm Beach Cty. Cir. Ct.· 1977-08-29
  In this mortgage foreclosure case, the circuit court initially denied defendants' motion to vacate a default judgment and foreclosure sale, finding Mrs. Peterson suffered excusable neglect but lacked a meritorious defense. However, the court subsequently vacated the judicial sale
• George A. Zeigler and wife v. Hawkins
  315 So. 2d 200· Fla. 1st DCA· 1975-06-30
  The Zeiglers appealed a summary judgment against them in a suit to vacate a contract for deed. The court reversed, holding that summary judgment was improper because material factual disputes existed regarding the Zeiglers' affirmative defenses and counterclaims that were not con
• In re B. F. Dewees, Inc.
  404 F.2d 519· 3d Cir.· 1968-12-04
  A mortgagee's purchase of property at a judicial sale subject to a senior lien does not effect a merger of the mortgage and the fee, thereby extinguishing the assignment of rents clause.
• Dickie v. Sewer Improvement Dist. NO. 1 OF Dardanelle
  328 F.2d 296· 8th Cir.· 1964-03-02
  The court held that the Arkansas Chancery Court's decree allowing landowners to redeem property beyond the statutory five-year period was not constitutionally invalid, and thus the federal court was bound to give it full faith and credit.
• Kelly v. Ferretti
  128 So. 2d 885· Fla. 1st DCA· 1961-04-20
  The court held that the contract did not grant the night club the right to reproduce Glenn Miller's performances, nor did it entitle the plaintiff to recover for misappropriation.
• Beall v. Jackson
  15 Fla. Supp. 146· Santa Rosa Cty. Cir. Ct.· 1959-12-18
  The court held that a mortgagor should be relieved from an acceleration clause when the default is technical, unintentional, and causes no harm to the security.
• DIX v. Rogers
  269 F.2d 84· 2d Cir.· 1959-06-24
  The court held that the plaintiff's purchase of tax sale certificates was a prohibited transaction under the Trading with the Enemy Act, preventing him from foreclosing on property vested in the Alien Property Custodian.
• Marland Corp. v. Sugarloaf KEY, Inc.
  12 Fla. Supp. 86· Monroe Cty. Cir. Ct.· 1956-03-08
  Marland Corporation sought to foreclose on a mortgage securing a promissory note executed by Sugarloaf Key, Inc. The court denied acceleration of the mortgage debt but ordered the defendants to pay the remaining installments at the original 5% interest rate, with foreclosure proc
• EPP v. Bicknell
  138 F.2d 735· 8th Cir.· 1943-11-12
  A conveyance of a co-tenant's interest to a debtor farmer, even for nominal consideration and in contemplation of bankruptcy, is not fraudulent if the debtor was already obligated for the entire mortgage debt and had an equity of redemption in the entire property.
• Commercial Merchs. Nat. Bank & Tr. Co. of Peoria v. LE Tourneau
  137 F.2d 87· 7th Cir.· 1943-06-28
  A mortgagee who takes a quitclaim deed as additional security, but then treats the property as fee simple and conveys it, merges the mortgage into the fee and extinguishes the debt.
• Fed. Land Bank of Louisville v. Morrison
  133 F.2d 613· 6th Cir.· 1943-02-12
  The court held that farmer-debtors filing under § 75 of the Bankruptcy Act are entitled to possession and the rents/profits of their property, and any prior agreements or receiverships inconsistent with the statute are invalid after the bankruptcy court's jurisdiction attaches.
• Thompson v. Lawson
  132 F.2d 21· D.C. Cir.· 1942-12-07
  Reacquisition of title by a former owner does not revive junior liens that were subordinate to a senior lien that was foreclosed.
• Shedd v. Oliver
  144 Fla. 775· Fla.· 1940-11-19
  This case involves an attorney who embezzled funds entrusted to him by his clients and then attempted to hide assets. The court affirmed the lower court's decision, emphasizing the importance of administering justice and not allowing procedural rules to shield fraud.
• Ray Realty Corp. v. Kettman
  131 Fla. 32· Fla.· 1938-01-05
  This case involves a dispute over a promissory note and its secured collateral. The appellate court affirmed the lower court's decision, finding that the defendant's defenses were not applicable to the specific notes being foreclosed upon.
• Donaldson v. Stokes
  128 Fla. 93· Fla.· 1937-04-22
  This case addresses whether the trial court properly denied a motion to strike two sentences from defendants' answer in a dispute over property rights and a mortgage foreclosure. The Florida Supreme Court affirmed the denial, finding the challenged sentences were relevant to the
• Turner v. Shelfer
  91 Fla. 39· Fla.· 1926-01-14
  In a mortgage foreclosure case, the Florida Supreme Court upheld W. H. Turner's right to appeal a decree alone, despite the decree also naming co-defendants Wilder and Dills. The court rejected motions to dismiss the appeal based on failure to join all defendants and technical de
• Gillespie v. Rigby
  66 Fla. 9· Fla.· 1913-06-17
  Rigby brought an equity action against Gillespie and others, alleging fraud in a mortgage foreclosure. Gillespie had advised Rigby to allow foreclosure of a mortgage held by Jones to clear a prior judgment lien, then secretly purchased the property at foreclosure and conveyed it