Priority Of Liens

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

• Zipperer v. The City OF Fort Myers
  696 So. 2d 859· Fla. 2d DCA· 1997-04-30
• Barnett Bank of S. Fla., N.A. v. Weitzner (In Re Kavolchyck)
  164 B.R. 1018· S.D. Fla.· 1994-02-25
  A security interest in a leasehold estate and rents derived therefrom is excluded from the Uniform Commercial Code and must be perfected by recording in local county offices, not by filing a UCC-1 financing statement.
• Dietrich Indus., Inc. v. United States
  988 F.2d 568· 5th Cir.· 1993-04-16
  Under Texas law of equitable subrogation, a purchaser of encumbered property who discharges a senior lien as part of the purchase price is entitled to subrogate to the senior lienholder's position of priority over a junior recorded lien.
• In re Robert B. LEE Enters., Inc. v. Champion Credit Corp.
  980 F.2d 606· 9th Cir.· 1992-12-02
  Advances made by a secured party's assignee under a security agreement with a future advance clause have priority over intervening creditors' liens that arose after the original party's rights were perfected but before the assignee's future advances.
• Mercantil Intercontinental, Inc. v. Generalbank
  601 So. 2d 293· Fla. 3d DCA· 1992-06-16
  Mercantil and Kristina, holders of purchase money mortgages on undeveloped lots, appealed a foreclosure judgment awarding priority to a construction lender (Generalbank) on three unimproved lots. The court reversed, holding that subordination agreements expressly limited the cons
• Sec. Pac. Mortg. & Real Est. Servs., Inc. v. The Republic OF the Philippines
  962 F.2d 204· 2d Cir.· 1992-04-24
  The court held that Nico Construction Company failed to demonstrate a cognizable interest in the foreclosure litigation to justify intervention as a matter of right.
• Bank OF Neb. IN LaVISTA v. United States
  949 F.2d 262· 8th Cir.· 1991-11-15
  The court held that the IRS's failure to note a senior lienholder's interest on certificates of sale, which enabled a fraudulent purchaser to obtain clear title and dissipate the collateral, constituted a wrongful levy under 26 C.F.R. § 301.7426-1(b)(iv)(d).
• Hans Brauner and Emma Brauner v. Lamper
  555 So. 2d 935· Fla. 4th DCA· 1990-01-17
  In a mortgage foreclosure action, the court addressed whether a purchase money mortgage executed simultaneously with a deed but recorded later takes priority over subsequently executed mortgages that were recorded first. The court reversed summary judgment, finding multiple unres
• Consol. Dominion Enters., Inc. v. NEW Century Bank
  552 So. 2d 1121· Fla. 3d DCA· 1989-09-26
  Consolidated Dominion Enterprises appeals a judgment quieting title in favor of New Century Bank over Consolidated's second mortgage interest. The court reverses, holding that Consolidated, as a bona fide purchaser for value without notice, has a superior interest to New Century
• In re McLEAN Indus., Inc. v. United States Lines, Inc.
  884 F.2d 1566· 2d Cir.· 1989-09-12
  The court held that the seamen's claims to funds distributed by the Singapore court to creditor banks were without merit, as the Singapore court's jurisdiction and law governed lien priorities.
• In re N-Ren Corp. v. Okla. Natural GAS Co.
  883 F.2d 38· 6th Cir.· 1989-08-21
  The priority date of an Oklahoma materialmen's lien is the actual supply date of the materials for which the lien is obtained, not the contract commencement date.
• United States v. Feinstein
  717 F. Supp. 1552· S.D. Fla.· 1989-08-15
  The United States sought to foreclose federal tax liens against real property where the taxpayer's name was misspelled on the filed lien notice. The court held that a minor misspelling of the taxpayer's name did not invalidate the tax lien because a reasonable inspection of the p
• In re Universal Farming Indus. v. Kewmars Tabatabay
  873 F.2d 1332· 9th Cir.· 1989-05-08
  The court held that the appeal was moot because the underlying bankruptcy case had been dismissed, rendering the dispute over note priorities a hypothetical controversy with no immediate legal significance.
• In re Tejas Drilling Co. v. DEL Int'l, Inc.
  849 F.2d 176· 5th Cir.· 1988-07-11
  The court held that a general contractual provision stating the property is free of all liens constitutes a waiver of any vendor's lien, even if the lien would otherwise arise automatically.
• Scott v. Haufler
  526 So. 2d 996· Fla. 1st DCA· 1988-06-08
  Mechanics liens that are not enforced within one year are discharged and cannot take priority over a subsequently recorded mortgage, even if the lien was initially filed before the mortgage.
• In re Forfeiture OF 1979 Chevrolet Corvette
  526 So. 2d 708· Fla. 4th DCA· 1988-05-11
  The City of Lighthouse Point seized a 1979 Chevrolet Corvette pursuant to Florida's Contraband Forfeiture Act after the owner was charged with drug possession. Citizens & Southern National Bank held a lien on the vehicle from an original 1983 loan, but the owner obtained a renewa
• Thompson v. Adams
  685 F. Supp. 842· M.D. Fla.· 1988-04-12
  Federal tax liens are superior to state-law liens and the conveyance of property was a fraudulent conveyance voidable by the government.
• In re Hartman Bros. Constr. Corp. v. United States
  835 F.2d 1215· 7th Cir.· 1987-12-28
  The court held that Indiana tax warrant liens on personal property expired within sixty days of issuance unless an alias warrant was issued, giving the federal tax lien priority.
• McCall v. Barnett Bank of Columbia Cnty. (In Re McCall)
  69 B.R. 975· M.D. Fla.· 1987-02-13
  Logan McCall acquired real property as a joint tenant with his father in 1979 and received an unrecorded deed transferring his father's interest in 1979, but did not record it until September 2985, five days before a foreclosure sale. Barnett Bank obtained a judgment against Loga
• Am. Sav. & Loan Ass'n v. Lawyers Title Ins. Corp.
  793 F.2d 780· 6th Cir.· 1986-06-19
  A title insurance policy covers losses from statutory liens for labor or materials that gain priority over the insured's mortgage, even if the project is underfunded, unless the insured created, suffered, assumed, or agreed to those specific liens.
• State ex rel. Fla. Dep't OF Revenue v. Fleet Fin. & Mortg. Co., Inc.
  489 So. 2d 33· Fla. 2d DCA· 1986-01-22
  The court held that the state's interest in a defunct corporation's assets, arising from unpaid sales taxes, is inferior to a previously recorded mortgage.
• Berks Title Ins. Co. v. Haendiges
  772 F.2d 278· 6th Cir.· 1985-09-17
  The court held that the non-recourse provision in the Cleveland Trust Agreement protected Roger Haendiges from personal liability for breach of the mortgage agreement. The court affirmed the judgment in favor of Lee Haendiges.
• State of Neb. v. Richter
  764 F.2d 517· 8th Cir.· 1985-06-12
  The court held that an attorney's lien on seized money is valid under state law and can have priority over federal tax liens under specific federal statutes.
• Sperry Corp. v. Farm Implement, Inc.
  760 F.2d 196· 8th Cir.· 1985-04-15
  The court held that the Small Business Administration's prior perfected security interest in Farm Implement's inventory and accounts receivable, including proceeds, was superior to Bush Hog's subsequent garnishment lien.
• Hosp. Bd. OF Directors OF LEE Cnty. v. McCRAY
  456 So. 2d 936· Fla. 2d DCA· 1984-09-12
  Lee Memorial Hospital appealed the trial court's dismissal of its counterclaim enforcing a statutory hospital lien under Chapter 78-552, which the trial court found unconstitutional. The Florida District Court of Appeal reversed, holding that the statute creating the lien does no
• Dep't OF Revenue v. Potamkin Dodge, Inc.
  442 So. 2d 287· Fla. 3d DCA· 1983-11-29
  Florida Department of Revenue failed to perfect a sales tax lien by not filing a warrant as required by statute, and therefore takes only a pro rata share of purchase money deposited in court registry as a general creditor.
• Stockton v. C. I. T. Corp. & Roger E. Powell & Cross
  414 So. 2d 606· Fla. 1st DCA· 1982-05-28
  Stockton obtained the right to connect 29 residential lots to a sewerage system without payment of connection fees as part of a settlement agreement with the developer Pinnacle. The court held that connection fees were not included in C.I.T. Corporation's security interest in acc
• Corsa Boats, Inc. v. SUN Bank OF Miami
  405 So. 2d 1340· Fla. 3d DCA· 1981-05-12
  The court held that a possessory lien, even if unrecorded, is superior to a perfected security interest under section 679.310, Florida Statutes (1977).
• In re Jamail v. Lomas & Nettleton Fin. Corp.
  609 F.2d 1387· 5th Cir.· 1980-01-21
  A materialman must be able to identify and segregate the specific materials it supplied to enforce a statutory lien on removable improvements against a prior recorded deed of trust.
• Borg-Warner Acceptance Corp. v. Atl. Bank OF W. Orlando & Robert C. Postle
  364 So. 2d 35· Fla. 4th DCA· 1978-10-18
  Borg-Warner Acceptance Corporation filed a UCC financing statement on motor home inventory before Atlantic Bank subsequently filed its own financing statement and later obtained a title certificate listing itself as first lien holder. The court held that Borg-Warner's earlier UCC
• Colangelo v. United States
  575 F.2d 994· 1st Cir.· 1978-05-17
  The dissenting judge believes the Anti-Injunction Act should not bar suits challenging allegedly illegal IRS activities where the tax liability itself is not at issue.
• 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
• The Cleveland Tr. Co. v. Ousley SOD Co.
  351 So. 2d 58· Fla. 4th DCA· 1977-10-04
  The recording of a notice of lis pendens bars the enforcement of an unrecorded mechanic's lien, even if the lien would otherwise relate back to an earlier notice of commencement.
• Georgia-Pacific Corp. v. Consol. Suppliers, Inc.
  332 So. 2d 368· Fla. 1st DCA· 1976-05-18
  Georgia-Pacific Corporation appeals a trial court order determining priority of liens on two Ferrari automobiles among Georgia-Pacific's judgment lien and security interests held by Donald L. Smith and Earl C. May. The appellate court affirms, holding that properly perfected secu
• United States v. Gen. Douglas MacARTHUR Senior Vill., Inc.
  508 F.2d 377· 2d Cir.· 1974-11-11
  The court held that the New York Real Property Tax Law does not imply a warranty of priority for tax liens sold by municipalities, and common law doctrines of impossibility or frustration of purpose do not apply to excuse the purchaser's loss from a superior federal mortgage.
• United States v. Hughes
  499 F.2d 322· 8th Cir.· 1974-06-28
  The court held that purchasers who paid off a first mortgage were not entitled to equitable subrogation because they were chargeable with inexcusable neglect in failing to account for a known junior SBA mortgage.
• United States v. Roxana Giragossiantz
  488 F.2d 358· 9th Cir.· 1973-11-30
  The FHA's crop mortgage prevails over a prior trust deed and assignment of rents, and the court may equitably allocate general receivership costs.
• Standard Inv. Co., Inc. v. Trinity Valley Bldg. Ctr., Inc.
  437 F.2d 65· 5th Cir.· 1970-12-11
• Finger Furniture Co. v. Brock
  410 F.2d 568· 5th Cir.· 1969-04-25
  The court held that withholding a chattel mortgage from record to allow the debtor to obtain credit renders the mortgage fraudulent and void, and payments received by the creditor while the debtor is insolvent or imminently insolvent are preferential and voidable.
• Stephen G. Calaway in Bankr. of Pete Knight Television & Appliance, Inc. v. Admiral Credit Corp.
  407 F.2d 518· 4th Cir.· 1969-03-03
  The court held that repossession of merchandise by creditors before bankruptcy was not a voidable preference because their liens were validly perfected and maintained under the Uniform Trust Receipts Act, despite minor formal defects or temporary lapses in recordation.
• Fireman's Fund Ins. Co. v. Leonard
  401 F.2d 500· 3d Cir.· 1968-10-01
  A surety's subrogation rights do not ripen until after a default, and thus cannot defeat prior filed federal tax liens of which the surety had notice.
• Shore Block Corp. v. Lakeview Apts.
  377 F.2d 835· 3d Cir.· 1967-05-18
  A subcontractor's agreement to waive lien rights does not bind a materialman who is not a party to that agreement, and a materialman's stop notice is not invalidated by the subsequent appointment of a receiver for the subcontractor.
• First Sec. Bank OF Idaho v. Crouse
  374 F.2d 17· 10th Cir.· 1967-03-07
  A prior recorded chattel mortgage, noted on the title, has priority over a subsequent garageman's lien for repairs under Colorado law.
• United States v. Komisar
  365 F.2d 318· 6th Cir.· 1966-09-02
  A federal tax lien recorded after the mortgage but before default has priority over attorney's fees and insurance premiums subsequently paid by the mortgagee.
• Susi v. Belle Acton Stables, Inc.
  360 F.2d 704· 2d Cir.· 1966-04-20
  The court held that the defendants' acquisition of Haughton's lien rights did not, in itself, constitute conversion, but subsequent actions like selling the horses did. It also found Stahl and Rona Plastics liable as principals for Rosenberg's conversion.
• Peninsula State Bank v. Thompson-Copeland, Inc.
  346 F.2d 58· 5th Cir.· 1965-05-20
  A notice of assignment of accounts receivable loses its efficacy after one year if not renewed, rendering the assignee unprotected against other creditors.
• Univ. Fed. Sav. & Loan Ass'n v. Marlin Dev. Co.
  24 Fla. Supp. 145· Dade Cty. Cir. Ct.· 1964-11-06
  University Federal Savings & Loan Association sought a foreclosure decree on a mortgage securing a construction loan. The case involved establishing the priority of claims against foreclosure sale proceeds, including a first mortgage, second mortgage, materialman's lien, and fede
• First Nat'l Bank OF EAU Gallie v. Burnup & Sims OF Melbourne, Inc.
  137 So. 2d 13· Fla. 2d DCA· 1962-01-24
  In this materialman's lien foreclosure dispute, the Florida appellate court reversed a summary decree that had granted the lienholder priority over a bank's mortgage. The court determined that genuine issues of material fact existed regarding whether materials were furnished as p
• C. N. K. Co. v. Ruggieri-Appellee
  273 F.2d 334· 2d Cir.· 1959-12-29
  The court held that the trial court erred in denying CNK's petition, as the agreement to convey the Syosset property as security for existing loans, despite an inaccurate description of the mortgagee, warrants further exploration of the parties' intent.
• United States v. Beaver
  252 F.2d 486· 3d Cir.· 1958-02-14
  Federal tax liens, properly filed, have priority over an attorney's judgment claim against a taxpayer when the liens are filed before the judgment is entered, even if the funds are held by a surety or are subject to a state court order.