Mortgagee In Possession

37 Florida cases classified under this topic · sorted by citation count · see the citation graph

• S.S. Silberblatt, Inc. v. E. Harlem Pilot Block-Building 1 Hous. Dev. Fund Co., Inc.
  608 F.2d 28· 2d Cir.· 1979-10-01 ·cited 46×
  The court held that a general contractor may pursue a quantum meruit claim against HUD for unjust enrichment, even if the contract was not completed, and that the Secretary's right to use undisbursed funds for completion does not preclude this claim.
• Marshall & Spencer Co. v. Peoples Bank of Jacksonville
  88 Fla. 190· Fla.· 1924-08-02 ·cited 39×
  This case concerns the effect of a reversed foreclosure decree on a sale that occurred during the appeal. The court held that a complete reversal of a foreclosure decree vacates any sale conducted under that decree, requiring a resale and an accounting for rents and profits.
• Brobst v. Brock
  10 Wall. 519· U.S.· 1870-12-01 ·cited 37×
  A Pennsylvania property dispute involved whether the heir of a mortgagor could maintain an ejectment action against a mortgagee's assignee who had been in possession since the 1820s. The Supreme Court affirmed the lower court's judgment for the defendant, holding that a mortgagor
• Owens v. Love
  9 Fla. 325· Fla.· 1861-01-01 ·cited 30×
  The Florida Supreme Court affirmed the trial court's grant of leave to file a supplemental bill and rehearing in an equity case involving the redemption of enslaved persons. The court held that the 1858 decree was interlocutory (not final) because it referred material factual que
• Miami Gardens, Inc. v. Conway
  102 So. 2d 622· Fla.· 1958-05-07 ·cited 28×
  Miami Gardens, Inc., a mortgagee holding a first mortgage, sought to foreclose against the Conways. The trial court found that Miami Gardens had acquired legal title through a blank deed and that its equitable mortgage title merged with this legal title, thereby satisfying the fi
• In re Franklin Garden Apts. v. Green Point Sav. Bank
  124 F.2d 451· 2d Cir.· 1941-12-08 ·cited 26×
  The court held that while a reorganization trustee can be granted possession of mortgaged premises and collect rents, these rents should primarily cover operating expenses and not be used for administrative expenses or to build speculative equity for general creditors at the mort
• Pasco v. Gamble
  15 Fla. 562· Fla.· 1876-01-01 ·cited 26×
  The Florida Supreme Court held that a court of equity may appoint a receiver of rents and profits from mortgaged property at the mortgagee's suit, even though a Florida statute deprived mortgagees of the legal right to possession. The court reversed the appointment order as proce
• In re Colonial Realty Inv. Co. v. Martin
  516 F.2d 154· 1st Cir.· 1975-05-15 ·cited 20×
  A Chapter XII bankruptcy court has summary jurisdiction to order a turnover of property in the possession of a mortgagee, and federal bankruptcy policy overrides local property laws that might impede this power.
• Commissioner of Internal Revenue v. Penn Athletic Club BLDG.
  176 F.2d 939· 3d Cir.· 1949-09-29 ·cited 18×
  The court held that the Tax Court did not err in finding that Girard Trust Company held the property as a mortgagee in possession, rather than as an owner in fee, for tax purposes.
• Joyner v. Bernard
  153 Fla. 372· Fla.· 1943-05-18 ·cited 18×
• 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
• Challenger, Inc. v. Durno
  227 F.2d 918· 5th Cir.· 1955-12-09 ·cited 13×
  The court held that a mortgagee in possession can only recover for repairs essential to preserve the vessel as security and reasonable in cost, and must compensate the owner for the vessel's use during extended possession without foreclosure.
• In re Black Ranches, Inc. v. Strand
  362 F.2d 8· 8th Cir.· 1966-05-12 ·cited 12×
  The court held that the foreclosure decree did not extinguish the original mortgage liens, and thus the assigned liens were valid and not voided by the Bankruptcy Act. It also modified the allowance of interest and rejected claims for offsets.
• 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 Riker
  385 F.2d 124· 3d Cir.· 1967-10-17 ·cited 10×
  District judges should not delegate the power to order a turnover of debtor's property from a mortgagee in possession to a referee in bankruptcy, as this is a non-delegable function requiring careful judicial consideration.
• 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
• Webster Factors, Inc. v. The United States
  436 F.2d 425· Ct. Cl.· 1971-01-22 ·cited 6×
  The court held that the Assignment of Claims Act barred the plaintiff's claim for rent adjustments, but plaintiff-intervenors were entitled to a specific portion of the tax adjustment for a limited period.
• Stephens v. Reed
  121 F.2d 696· 3d Cir.· 1941-06-30 ·cited 6×
  A property owner, including a national bank, is personally liable to a mortgagee for taxes paid by the mortgagee to avoid foreclosure, regardless of the owner's beneficial interest or the property's income.
• In re Stuckenberg v. First Fed. Sav. & Loan Ass'n of Normandy
  505 F.2d 1250· 8th Cir.· 1974-12-04 ·cited 4×
  The court affirmed the District Court's determination that the mortgagee is entitled to rents collected after bankruptcy.
• Tiger v. Sellers
  145 F.2d 920· 10th Cir.· 1944-11-27 ·cited 4×
  The dissenting judge holds that a mortgagee in possession cannot rely on a void assignment of rents to justify possession, especially when acquired without right and in contravention of statutory protections.
• Conille v. Sec'y OF Hous. & Urban Dev.
  840 F.2d 105· 1st Cir.· 1988-02-19 ·cited 3×
  The court held that while federal law governs the lease, state law cannot be fully incorporated if it frustrates federal purposes; however, a limited federal common law remedy of rent restitution is available for breach of the implied warranty of habitability, provided the tenant
• Marks Bros. Paving Co. v. Louts E. Ouellet & N. Dade Plumbing, Inc.
  124 So. 2d 514· Fla. 3d DCA· 1960-11-21 ·cited 3×
  In this mortgage foreclosure case, the court addressed the priority of liens when junior lienholders are not joined in foreclosure proceedings. Marks Brothers Paving Co. sought to quiet title to property after two competing foreclosures, claiming priority based on holding a later
• Brooks v. Adams
  115 So. 2d 578· Fla. 2d DCA· 1959-11-13 ·cited 3×
  Administrator of the Estate of Floyd Brooks sued for an accounting from W.T. Adams, a mortgagee in possession of the estate's orange grove property. The court affirmed in part and reversed in part, holding that Adams was a mortgagee in possession with consent (not a trespasser),
• DSI Corp. v. The United States
  655 F.2d 1072· Ct. Cl.· 1981-07-29 ·cited 2×
  The court held that the government's challenge to a chattel mortgage's validity, even if it diminished the mortgage's value, did not constitute a taking or a breach of contract, nor was the government estopped from challenging it.
• In re Georgetown ON the Del., Inc.
  466 F.2d 80· 3d Cir.· 1972-09-07 ·cited 2×
  The court held that the district court abused its discretion by ordering the turnover of property to a reorganization trustee without sufficient evidence of the debtor's equity and the trustee's ability to effectuate a successful reorganization.
• 601 W. 26 Corp. v. Equity Cap. Co.
  198 So. 2d 55· Fla. 3d DCA· 1967-04-25 ·cited 2×
  On remand from a prior appeal, the lower court amended a foreclosure decree to award Equity Capital Company $106,604.02 as the excess of disbursements over receipts. The appellants challenged the amended decree as failing to comply with the mandate and containing improper allowan
• In re Mathewson v. Mathewson
  311 F.2d 833· 3d Cir.· 1963-01-04 ·cited 2×
  The court held that the referee and district court did not abuse their discretion in approving the trustee's proposed compromise settlement of creditor claims, as it was prudent to eliminate litigation risks.
• S. Creosoted Lumber Co., Inc. v. Morales
  113 So. 2d 425· Fla. 2d DCA· 1959-06-26 ·cited 2×
  Southern Creosoted Lumber Co. appealed a mortgage foreclosure decree, arguing that the trustee Morales, who operated the mortgaged property, was a mortgagee in possession and therefore liable for losses incurred during operations. The court held that Morales was not a mortgagee i
• Murray v. Commissioner OF Internal Revenue
  232 F.2d 742· 9th Cir.· 1956-03-30 ·cited 2×
  The court held that the economic benefit derived from rental income, used to reduce the redemption amount for property, constituted taxable income in the year the redemption amount was finalized and paid.
• Jiminez-Carillo v. Autopart Int'l, Inc.
  56 C.C.A. 572· S.D. Fla.· 2012-08-22
• MR&F Enters. v. Citicorp Savings OF Florida
  764 So. 2d 783· Fla. 3d DCA· 2000-07-19
  The court held that the mortgagors are entitled to a credit for the fair market value of the properties at the time of foreclosure sales and for net rents collected by the government and remitted to the mortgagee.
• Ryan Marine Sys., Inc. v. Yacht "Tulip II"
  426 F.2d 729· S.D. Fla.· 1987-07-17
  A mortgagee in possession must compensate the owner for the use of the vessel and cannot unreasonably delay its return to market, especially when the vessel is seaworthy and ready for passage, as such delay can lead to depreciation and loss.
• Reilly v. The Firestone Tire & Rubber Co.
  764 F.2d 167· 3d Cir.· 1985-06-10
  The court held that the lease was discharged by foreclosure on pre-lease mortgages unless affirmed, and that genuine issues of material fact exist regarding whether the SBA affirmed the lease before or after the judicial sale.
• Ivor B. Clark Co., Inc. v. Moreland H. Hogan
  411 F.2d 788· 2d Cir.· 1969-06-02
  The court held that the creditor who obtained restraining notices on rental payments is entitled to those payments, as the other creditor's assignment was not properly effectuated under Georgia law.
• In re O. v. Corp.
  386 F.2d 833· 3d Cir.· 1967-12-05
  The court held that the district court did not abuse its discretion in denying the creditor's motions to dismiss the Chapter X reorganization proceeding and to vacate a turnover order. The Chapter X proceeding was filed in good faith.
• Abrams v. Lalow
  176 So. 2d 612· Fla. 3d DCA· 1965-06-29
  Appellants who held a third mortgage on leasehold property challenged a summary final decree in favor of second mortgagees, arguing that a management agreement between the second mortgagees and the mortgagor extinguished the second mortgage lien. The court held that the managemen
• Pennock v. Rogers Caldwell
  116 Fla. 626· Fla.· 1934-09-25
  Pennock appealed the dismissal of his petition for an accounting against a mortgagee in possession, seeking rents and profits from property subject to a senior mortgage. The Florida Supreme Court affirmed the dismissal, holding that rents pledged to a senior mortgagee remain subj