Foreclosure Of Chattel Mortgage

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

• United Contractors, Inc. v. United Constr. Corp.
  187 So. 2d 695· Fla. 2d DCA· 1966-06-10 ·cited 75×
  In this secured transaction dispute, the Second District Court of Appeal addressed whether a consolidated promissory note and chattel mortgage executed by one party (Construction) could bind equipment that another party (Contractors) had already acquired and was faithfully paying
• Pompano Paint Co. v. Pompano Beach Bank & Tr. Co.
  208 So. 2d 152· Fla. 4th DCA· 1968-03-19 ·cited 42×
  The court held that a summary judgment was improperly granted because the plaintiff's supporting affidavits did not negate the defendant's affirmative defenses, and the defendant's attorney's affidavit raised a material issue of fact regarding payment.
• Director OF Revenue v. United States
  392 F.2d 307· 10th Cir.· 1968-04-01 ·cited 41×
  The court held that the appeal was timely because a motion for rehearing filed before final judgment, which was later considered by the court, tolls the time for appeal. It also held that the SBA's lien had priority over state tax liens.
• Bryan & Sons Corp. v. Sivert Klefstad
  265 So. 2d 382· Fla. 4th DCA· 1972-07-17 ·cited 40×
  In this second appeal of a land-clearing contract dispute, the Fourth District Court of Appeal affirmed the trial court's denial of defendants' claims for additional compensation for sub-lateral canal work, interest on the judgment, and additional attorney's fees, but reversed th
• Scheneman v. Barnett
  53 So. 2d 641· Fla.· 1951-04-06 ·cited 34×
  The Florida Supreme Court reviewed an order denying a deficiency decree after a chattel mortgage foreclosure. The court held that while the decision to grant a deficiency decree is within the court's discretion, it must be based on equitable principles and supported by the record
• McQueen v. M. & J. Fin. Corp.
  59 So. 2d 49· Fla.· 1952-05-20 ·cited 33×
  The Florida Supreme Court affirmed a judgment against a car buyer who failed to obtain a Florida certificate of title before purchasing a vehicle, holding that this failure prevented him from being considered a bona fide purchaser and thus liable for converting the security inter
• H. L. Peterson Co. v. Applewhite
  383 F.2d 430· 5th Cir.· 1967-09-01 ·cited 32×
  The court held that the district court had jurisdiction over Peterson, the counterclaim was not barred by the statute of limitations, and Peterson committed legal fraud. The measure of damages was not erroneous.
• Pillans & Smith Co., Inc. v. Lowe
  117 Fla. 249· Fla.· 1934-11-14 ·cited 32×
  A Florida Supreme Court case addressing whether a verbal lease creates a valid landlord's lien superior to a subsequently executed chattel mortgage. The court held that despite the 1931 amendment classifying verbal leases as tenancies at sufferance, the landlord retains his statu
• The J. G. White Eng'g Corp. v. Peoples State Bank of Lakeland
  81 Fla. 35· Fla.· 1921-01-14 ·cited 32×
  The J. G. White Engineering Corporation appeals from interlocutory orders overruling its demurrer to an amended bill of complaint and extending a receivership to cover rental payments for an automobile held as collateral security. The court affirms both orders, holding that the b
• Evors v. Bryan
  77 Fla. 399· Fla.· 1919-04-17 ·cited 30×
  In this chattel mortgage foreclosure case, the Florida Supreme Court affirmed the lower court's finding of principal and interest due but reversed the allowance of attorney's fees as excessive, reducing the fee from $50.00 to $20.00 on an ordinary foreclosure involving only $53.3
• The First Nat'l Bank of Panama City v. The First Nat'l Bank of Chipley
  90 Fla. 617· Fla.· 1925-11-23 ·cited 29×
  This case concerns the sufficiency of a chattel mortgage description to provide notice to a third party. The court held that a description is sufficient if it suggests inquiries that would lead to the identification of the property, even if not perfectly specific.
• 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
• Troutman v. Couture
  98 Fla. 889· Fla.· 1929-11-13 ·cited 24×
  In this chattel mortgage foreclosure case involving an airplane, the Florida Supreme Court reversed and remanded a Circuit Court decree due to an inconsistency in the stated lien amount, while affirming the foreclosure itself.
• Thomas v. Dickinson
  158 Fla. 819· Fla.· 1947-04-29 ·cited 18×
  In this foreclosure action, the Florida Supreme Court reversed the trial court's dismissal of a landlord's chattel mortgage lien claim against a merchant and his principal. The court held that the landlord's silence and acceptance of only picking charges did not constitute estopp
• Burton v. Oliver Farm Equip. Sales Co.
  121 Fla. 148· Fla.· 1935-10-04 ·cited 18×
  R. P. Burton appeals a deficiency decree in a chattel mortgage foreclosure case brought by Oliver Farm Equipment Sales Co., a Maryland corporation. The Florida Supreme Court affirms the decree, rejecting arguments that the foreign corporation lacked standing, violated trade name
• Spellman v. Beeman
  70 Fla. 575· Fla.· 1915-12-21 ·cited 18×
  This case concerns the priority of two chattel mortgages on an automobile when the earlier mortgagee failed to properly record her mortgage. The Florida Supreme Court held that the second mortgagee's lien was superior because the first mortgagee's failure to record made her mortg
• Wisdom v. Smith
  124 Fla. 371· Fla.· 1936-05-27 ·cited 17×
  The Florida Supreme Court affirmed a foreclosure decree on a chattel mortgage executed by Ruth M. Wisdom and her husband to secure a corporate debt, holding that a married woman may validly mortgage her separate property to secure third-party debts and that the statute of limitat
• MAY v. Citizens Nat'l Bank OF Orlando
  100 So. 2d 651· Fla. 2d DCA· 1958-02-21 ·cited 16×
  May purchased a used motor vehicle with an original title certificate showing no encumbrance, but that certificate was a duplicate of an earlier one that had been fraudulently used by the original owner. The court affirmed the foreclosure decree, holding that under Florida law, a
• Johns Supply Co. v. McNeeley
  125 Fla. 306· Fla.· 1936-09-22 ·cited 16×
  The Florida Supreme Court affirmed a foreclosure decree for a chattel mortgage, holding that a certified copy of a combined note-and-mortgage agreement was properly admitted in evidence even though the original was held by the plaintiff's former attorney, since the statutory requ
• United States v. S. Cycle Accessories, Inc.
  567 F.2d 296· 5th Cir.· 1978-02-03 ·cited 15×
  The court held that the unconditional guaranty agreement signed by the appellant waived her rights to be released or have her liability reduced by settlements with co-guarantors, and that federal law applied.
• Merker v. Lake Region Packing Ass'n
  126 Fla. 589· Fla.· 1936-03-31 ·cited 15×
  This case concerns the application of payments from citrus fruit sales. The court held that a surety who paid a note secured by a chattel mortgage on the fruit crops was not required to apply the proceeds of those sales first to the secured note before applying them to an open ac
• Mason v. City Fin. Co.
  113 Fla. 73· Fla.· 1933-12-01 ·cited 15×
  The Florida Supreme Court considered whether a chattel mortgage provision allowing a lender to repossess collateral if security is deemed insufficient or unsafe violated the state's Small Loan Law. The Court held that such a provision, when interpreted as allowing repossession fo
• Gadsden Cnty. Tobacco Co. v. Corry
  103 Fla. 217· Fla.· 1931-10-21 ·cited 15×
  In this foreclosure case, the Florida Supreme Court addressed whether a factor (sales agent) for a tobacco company exceeded his authority when he accepted promissory notes as payment for goods sold on credit without the principal's consent. The court held that the factor was char
• The State Sec. Co. v. Aviation Enters., Inc.
  355 F.2d 225· 10th Cir.· 1966-01-07 ·cited 14×
  A mortgagee who knows the mortgagor is a dealer and consents to the sale of the chattel in the ordinary course of business cannot assert its lien against a good faith purchaser.
• Boynton Beach State Bank v. Wythe
  126 So. 2d 283· Fla. 2d DCA· 1961-01-13 ·cited 14×
  Boynton Beach State Bank foreclosed on a chattel mortgage for a trailer purchased by the Wythes from a dealer. The trial court applied equitable estoppel to bar the bank's foreclosure, but the appellate court reversed, holding that equitable estoppel does not apply because the ba
• Bryan & Sons Corp. v. Sivert Klefstad
  237 So. 2d 236· Fla. 4th DCA· 1970-05-27 ·cited 13×
  Bryan and Sons Corp. appealed a bench trial judgment in a dispute with Klefstad over a land clearing contract for citrus grove preparation. The court reversed in part and remanded, finding the contractor substantially performed and was entitled to its contract price, while correc
• Wm. W. Jackson v. H. W. Wade Mfg. Co., Inc.
  102 Fla. 970· Fla.· 1931-09-19 ·cited 13×
  The Florida Supreme Court reversed an order appointing a receiver over personal property claimed under a chattel mortgage/conditional sales contract. The court held that a vendor who retains title to property sold under a conditional sales contract cannot pursue both repossession
• James Talcott, Inc. v. Bank OF Miami Beach
  143 So. 2d 657· Fla. 3d DCA· 1962-08-07 ·cited 12×
  The court held that the federal aircraft recordation statute dictates priority based on the order of recording, not the order of mortgage issuance.
• F. P. Baugh, Inc. v. Little Lake Lumber Co.
  297 F.2d 692· 9th Cir.· 1961-10-18 ·cited 12×
  The court held that a federal tax lien notice using 'et al.' is insufficient to establish a valid lien against the interests of unnamed partners, even if the property is a partnership asset.
• Oliver v. Mercaldi
  103 So. 2d 665· Fla. 2d DCA· 1958-06-11 ·cited 12×
  Oliver appealed from a decree granting her foreclosure on a chattel mortgage but denying reformation and equitable lien relief. The court held that Oliver, as a vendor of a lease, was entitled to an equitable vendor's lien for unpaid purchase money despite the lease not being exp
• Abel v. Brayton Flying Serv., Inc.
  248 F.2d 713· 5th Cir.· 1957-10-01 ·cited 12×
  The court held that the trial court did not err in its judgment, as the contract was not usurious and the individual Brayton was not an indispensable party. The appellee's cross-assignment of error was also dismissed.
• Sodi, Inc. v. Salitan
  68 So. 2d 882· Fla.· 1953-12-08 ·cited 12×
  A Florida corporation borrowed money on a chattel mortgage at an interest rate exceeding 10% per annum and sought to defend against foreclosure by pleading usury. The court held that the 1953 repeal of the statute prohibiting corporations from pleading usury restored that defense
• Carolina Aircraft Corp. v. Commerce Tr. Co.
  289 So. 2d 37· Fla. 4th DCA· 1974-01-31 ·cited 10×
  A statutory mechanic's lien for repairs to an aircraft takes priority over a prior recorded chattel mortgage, even if the mortgage is recorded under federal law.
• Jacksonville Tractor Co., Inc. v. Nasworthy
  114 So. 2d 463· Fla. 1st DCA· 1959-09-22 ·cited 10×
  Jacksonville Tractor Company appealed a judgment finding it liable for conversion of a farm rake subject to a conditional sales contract. The court held that a contractual 'insecurity clause' allowing repossession when the seller 'deems itself insecure' does not grant absolute di
• Ridgefield Invs., Inc. v. Holloway
  75 So. 2d 208· Fla.· 1954-10-22 ·cited 10×
  Ridgefield Investors appealed a foreclosure decree on a chattel mortgage covering air conditioning equipment. The Florida Supreme Court held that air conditioning condensers, motors, and compressors installed by a tenant constitute trade fixtures removable by the tenant and are t
• A. & G. Aircraft Serv., Inc. v. Drake
  143 So. 2d 703· Fla. 2d DCA· 1962-08-08 ·cited 9×
  Summary judgment is improper in a chattel mortgage foreclosure when the defendant's answer raises a genuine issue of material fact regarding novation, even if the court might find the novation plea ultimately meritless. The trial court may not resolve factual controversies by sel
• Fritz B. Boyette v. Reliable Fin. Co.
  184 So. 2d 200· Fla. 2d DCA· 1966-03-02 ·cited 8×
  The court held that the Trustee failed to present sufficient evidence to support claims of fraud or depressed bidding due to lease assignment.
• United States v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  265 F.2d 862· 9th Cir.· 1959-02-02 ·cited 8×
  A federal tax lien attached to a taxpayer's interest in property cannot be extinguished by a non-judicial sale conducted under a private power of sale, even if the lien is junior to the mortgage. Such divestiture requires compliance with federal statutory procedures, including ju
• House OF Lyons, Inc. v. Marcus
  72 So. 2d 34· Fla.· 1954-04-13 ·cited 8×
  This case concerns whether a chattel mortgage executed by corporate officers and acknowledged before a notary was properly recorded and therefore takes priority over a subsequently filed tax lien. The Florida Supreme Court held that the mortgage's acknowledgment was sufficient de
• Bankers Life & Cas. Co. v. Pinkerton-Hays Lumber Co., Inc.
  186 So. 2d 551· Fla. 3d DCA· 1966-05-17 ·cited 7×
  Bankers Life and Casualty Company appealed a foreclosure decree on a chattel mortgage, arguing it held title to the equipment via a prior bill of sale and that the property constituted fixtures rather than chattels. The court affirmed the foreclosure, finding the equipment was pe
• Parrish v. Haas
  69 Fla. 283· Fla.· 1915-03-02 ·cited 7×
  This case addresses the procedural requirements for enforcing a chattel mortgage against a minor defendant. The appellate court reversed the lower court's decision, emphasizing the trial court's duty to protect the interests of minors in litigation, even if their minority status
• Fed. Deposit Ins. Corp. v. Rivera-Arroyo
  907 F.2d 1233· 1st Cir.· 1990-06-29 ·cited 6×
  Summary judgment was properly granted because the promissory note signed by Rivera was personally binding, and the agreements offered by appellants were invalid against the FDIC under 12 U.S.C. § 1823(e).
• EL Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc.
  388 So. 2d 324· Fla. 3d DCA· 1980-09-23 ·cited 6×
  El Mundo Supermarket filed duplicate foreclosure complaints without notifying the clerk of the prior action, violating local court rules. The trial court dismissed the second action with prejudice for this procedural violation, but the appellate court reversed, holding that dismi
• Herlong-Sierra Homes, Inc. v. United States
  358 F.2d 300· 9th Cir.· 1966-03-24 ·cited 6×
  The court affirmed the lower court's judgment, finding no error in its determination regarding the foreclosure and deficiency judgment.
• Paul S. Hubbard for Lundy's, Inc. v. Jebb
  163 So. 2d 307· Fla. 2d DCA· 1964-04-15 ·cited 6×
  A receiver for Lundy's, Inc. appeals a summary judgment foreclosing a chattel mortgage on beverage licenses. The court upheld the foreclosure, holding that the mortgage's description of licenses held in the name of James J. Petrakis was sufficiently clear to provide constructive
• Clinger v. Reliable Disc. Co.
  80 So. 2d 606· Fla.· 1955-05-25 ·cited 6×
  This case involves a dispute over a chattel mortgage on a car purchased by a Florida dealer from a Missouri resident. The court addressed whether a recorded chattel mortgage with an incorrect motor number in Missouri provided constructive notice to subsequent purchasers in Florid
• Gen. Acceptance Corp. v. A. A. Auto Sales-Rentals, Inc.
  62 So. 2d 31· Fla.· 1952-12-16 ·cited 6×
  General Acceptance Corporation appealed a final decree awarding damages to Nash Miami Motors, Inc. in a chattel mortgage foreclosure action. The Florida Supreme Court affirmed the lower court's judgment, finding that the chancellor properly followed the Court's prior decisions in
• Florence Trading Corp. v. Rosenberg
  128 F.2d 557· 2d Cir.· 1942-05-27 ·cited 6×
  The court held that the assignee's right of possession under New York law was superior to the plaintiff's in a subsequent replevin action, and that the replevin action failed to acquire jurisdiction over the assignee.
• Hope v. Johnston
  28 Fla. 55· Fla.· 1891-06-01 ·cited 6×
  Hope sought to foreclose a chattel mortgage on cattle sold in 1871 to the Johnstons. The Florida Supreme Court affirmed dismissal of the bill, holding that the mortgage was unenforceable due to Hope's failure to properly record it within a reasonable time and his laches in bringi
• Reese v. Taylor
  25 Fla. 283· Fla.· 1889-01-01 ·cited 6×
  This case concerns the validity of a chattel mortgage that was recorded after the debt it secured became due. The court held that the mortgage was valid because the statute does not prescribe a time limit for recording, and the recording occurred before the foreclosure suit was f