Junior Lienholder

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Bank OF Hemet v. United States
  643 F.2d 661· 9th Cir.· 1981-04-24 ·cited 16×
  The court held that the Bank of Hemet's claim for quiet title was validly brought under 28 U.S.C. § 2409a, and that the redemption amount owed by the government should be calculated based on the fair market value of the property at the time of foreclosure sale, not the full amoun
• In re Forester v. Bide Steward
  529 F.2d 310· 9th Cir.· 1976-01-12 ·cited 11×
  The Stewards were not entitled to the proceeds of the bank stock under equitable subrogation or marshaling of assets because their claims were inferior to the trustee's and they could not circumvent California's antideficiency statutes.
• Equity Mortg. Corp. v. Loftus
  504 F.2d 1071· 4th Cir.· 1974-10-18 ·cited 10×
  The court held that the government's redemption price under 28 U.S.C. § 2410(d) should be the amount paid at foreclosure sale plus statutory interest and necessary expenses, but not necessarily the full amount of the foreclosing lienholder's debt. It also held that the government
• The Trs. OF C.I. Mortg. Grp. v. City Hous. Corp.
  422 So. 2d 323· Fla. 4th DCA· 1982-09-22 ·cited 6×
  Material issues of fact exist regarding whether the parties intended to extend the mortgages to cover additional parcels and whether the junior lienholder had knowledge of such intent, precluding summary judgment and permitting amendment of pleadings in mortgage foreclosure.
• United States v. J.T. Sizemore
  747 F.2d 470· 8th Cir.· 1984-10-31 ·cited 4×
  The court held that the foreclosure sale was confirmed under an amended consent decree that preserved the United States' right of redemption, affirming the lower court's order.
• In re ST. Cloud Tool & DIE Co. v. ST. Cloud Nat'l Bank & Tr. Co. & Richard P. Pearson
  533 F.2d 387· 8th Cir.· 1976-04-08 ·cited 4×
  The bankruptcy court properly denied Juster Steel's request for marshaling of assets because the collateral had already been sold and the proceeds released to the senior lienholder, and Juster Steel unduly delayed in asserting its claim.
• Miami-Dade Cnty. v. Imagine Props., Inc.
  752 So. 2d 129· Fla. 3d DCA· 2000-03-08 ·cited 3×
  A junior lienholder omitted from a prior foreclosure action must pay the original mortgage debt to redeem, not the foreclosure judgment amount including costs, and must receive title upon redemption.
• Posnansky v. Breckenridge Ests. Corp.
  621 So. 2d 736· Fla. 4th DCA· 1993-06-16 ·cited 1×
  In this vendee's lien foreclosure action, the court affirmed judgment in favor of Glendale Federal Bank based on the plaintiffs' subordination agreement, but reversed and remanded to enter final judgment against Breckenridge Estates Corporation, the property owner, which had defa
• Topcon Instrument Corp. of Am. v. West Coast Optical Instruments
  177 B.R. 720· M.D. Fla.· 1992-09-02
  The court held that a bankruptcy court cannot deny a marshaling request based on prejudice to unsecured creditors when their equity is inferior to the junior lienholder seeking marshaling.
• Sant v. Stephens
  848 F.2d 1119· 10th Cir.· 1988-06-13
  A municipal lien for unpaid utility services has redemption rights under state law, and failure to redeem from a foreclosure sale of a partial interest does not extinguish redemption rights for subsequent sales of the entire property.
• Neal v. Bradenton Prod. Credit Ass'n
  146 Fla. 208· Fla.· 1941-02-21
  The Florida Supreme Court upheld a receiver's authority to take possession of a citrus fruit crop pledged under a recorded mortgage, rejecting a junior lien holder's claim to fruits produced after the mortgagor transferred the property to the third party. The decision clarifies t