Priority Of Liens

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

• United States v. Fay Heasley
  283 F.2d 422· 8th Cir.· 1960-10-24 ·cited 24×
  A promissory note, even if secured by a mortgage on real estate, cannot judicially satisfy a federal tax liability and authorize the release of the government's lien on other property, as such release must comply with specific statutory provisions.
• Portfolio Invs. Corp. v. Deutsche Bank Nat'l Tr. Co.
  81 So. 3d 534· Fla. 3d DCA· 2012-02-08 ·cited 23×
  Portfolio Investments Corp. appeals from a final consent judgment in a mortgage foreclosure action where Deutsche Bank sought to foreclose on property owned by Mendez. Although Portfolio was not a named party and did not formally intervene, it purchased the condominium associatio
• United States v. Bank OF Celina
  721 F.2d 163· 6th Cir.· 1983-11-15 ·cited 23×
  Once a federal tax lien attaches to a taxpayer's property, that property remains subject to the lien even if the taxpayer's interest is extinguished under state law before the government enforces the lien.
• AETNA Ins. Co. v. Tex. Thermal Indus., Inc.
  591 F.2d 1035· 5th Cir.· 1979-03-21 ·cited 23×
  The court held that the Small Business Administration's (SBA) perfected security interest has priority over federal tax liens, and that insurance proceeds from destroyed collateral constitute 'proceeds' under the Uniform Commercial Code, entitling the SBA to the entire insurance
• The Dania Bank v. Wilson & Toomer Fertilizer Co.
  127 Fla. 45· Fla.· 1937-02-04 ·cited 23×
  The Florida Supreme Court reversed a lower court decree that protected property as homestead from a creditor's execution sale, holding that the property lacked homestead character at the time of levy of attachment because F.G. Taylor, though living on the property with his son La
• Edwards v. Thom
  25 Fla. 222· Fla.· 1889-01-01 ·cited 23×
  Edwards' executor appealed a decree giving priority to Thom's mortgage over Edwards' mortgage, claiming Edwards' mortgage was valid. The Florida Supreme Court held that Edwards' mortgage was not properly recorded because the proof of execution failed to establish delivery, an ess
• United States v. Zac A. Crittenden, Jr.
  563 F.2d 678· 5th Cir.· 1977-11-21 ·cited 22×
  The court held that federal law governs the perfection and priority of FHA security interests, and under a federal rule guided by UCC principles, a mechanic's lien for repairs made during the last continuous possession has priority over the FHA's perfected security interest.
• The Century Tr. Co. of Baltimore v. The Allison Realty Co.
  105 Fla. 456· Fla.· 1932-05-11 ·cited 22×
  Century Trust Company appeals a decree awarding a mechanic's lien to Allison Realty Company for construction work, which the court held to be superior to Century Trust's three mortgages. The case turns on whether construction work continued after the effective date of Century Tru
• Sikes v. Dade Lumber Co.
  98 Fla. 451· Fla.· 1929-09-19 ·cited 22×
  Dade Lumber Company sought enforcement of a statutory materialman's lien against property owned by Leon R. Sikes for materials furnished during construction. The Florida Supreme Court affirmed the lower court's decree enforcing the lien and ordering sale of the property, rejectin
• The First Nat'l Bank of Pensacola v. Hirschkowitz
  46 Fla. 588· Fla.· 1903-06-01 ·cited 22×
  The Florida Supreme Court held that a creditor who files an equitable bill against a married woman's separate statutory property and obtains a receiver acquires a prior lien over subsequently intervening creditors, despite the married woman's general inability to contract. The co
• Dell v. Marvin
  41 Fla. 221· Fla.· 1899-01-01 ·cited 22×
  The Florida Supreme Court reversed a circuit court judgment that declared unconstitutional a provision of the 1887 Mechanics' Lien Act allowing attorney fees to successful plaintiffs. The court held that the statute's authorization of attorney fees for enforcing mechanics' liens
• The Prudential Ins. Co. of Am. v. Baylarian
  124 Fla. 259· Fla.· 1936-05-06 ·cited 21×
  This case concerns whether a junior mortgagee who pays taxes on mortgaged property is subrogated to the tax lien, giving them priority over the first mortgage. The court held that such a payment grants subrogation rights, allowing the junior mortgagee to recover tax payments befo
• Graham v. Commonwealth Life Ins. Co.
  114 Fla. 585· Fla.· 1934-04-24 ·cited 21×
  Commonwealth Life Insurance Company sought to foreclose a first mortgage on property, and the defendant Graham (who had acquired a second mortgage from the Shannon estate) argued the mortgages' priority was unclear. The Florida Supreme Court affirmed the foreclosure decree, holdi
• In re Murdock Mach. & Eng'g Co. OF Utah v. Kesler
  620 F.2d 767· 10th Cir.· 1980-05-01 ·cited 20×
  A seller's right to stop delivery of goods in transit due to buyer insolvency is not defeated by a third-party good faith purchaser, even if the government claims title via a contract, because federal law incorporates state commercial codes in such instances.
• United States v. Est. of Claude Beresford Pearce
  498 F.2d 847· 3d Cir.· 1974-05-31 ·cited 20×
  The order granting a sequestration of stock to prevent transfer is appealable under 28 U.S.C. § 1292(a) as it is functionally equivalent to an injunction or receivership.
• Gannon v. Am. Airlines, Inc.
  251 F.2d 476· 10th Cir.· 1957-07-03 ·cited 20×
  The court affirmed the denial of claims by Carroll Britton and McBride Bone & Joint Clinic, while vacating other parts of the judgment and remanding for disbursement according to a stipulation.
• The United States v. White Bear Brewing Co., Inc.
  227 F.2d 359· 7th Cir.· 1955-11-18 ·cited 20×
  The court held that the mechanic's lien had priority over the federal tax lien because it was filed and foreclosure proceedings were commenced before the federal tax lien arose.
• United States v. Griffin-Moore Lumber Co., Inc
  62 So. 2d 589· Fla.· 1953-01-13 ·cited 20×
  Griffin-Moore Lumber Company held a mechanic's lien on property for materials furnished to construct a building. The United States filed tax liens against the property owner after the mechanic's lien was recorded but before the foreclosure suit was brought. The Florida Supreme Co
• Mfg. Tr. Co. v. Peoples Holding Co.
  110 Fla. 451· Fla.· 1933-06-10 ·cited 20×
  Manufacturing Trust Company appeals the trial court's order striking a portion of its answer asserting that Monticello Drug Company failed to conduct adequate inquiry outside the record to qualify as a bona fide purchaser of a mortgage. The Florida Supreme Court affirms, holding
• Booker & Co., Inc. v. Leon H. Watson, Inc.
  96 Fla. 671· Fla.· 1928-12-05 ·cited 20×
  Material suppliers sued to enforce construction liens against property and the owner Leon H. Watson, Inc., which had granted a mortgage to D.P. Davis Properties during construction. The central issue was whether Davis Islands, Inc., as assignee of the mortgage, could assert defen
• Ezra P. Axtell v. Smedley & Rodgers Hardware Co.
  59 Fla. 430· Fla.· 1910-01-01 ·cited 20×
  A hardware company sought to enforce a materialman's lien against a purchaser of property where building materials were supplied. The Florida Supreme Court reversed the lower court's decree, holding that a materialman's lien, though properly recorded within three months, is ineff
• United States v. McGURN
  596 So. 2d 1038· Fla.· 1992-04-02 ·cited 19×
  The Florida Supreme Court held that a security interest in a liquor license is perfected solely by filing with the Division of Alcoholic Beverages and Tobacco under section 561.65(4), and does not require duplicate filing under the Uniform Commercial Code. This determination reso
• Gen. Elec. Credit & Leasing Corp. v. Drill Ship Mission Exploration
  668 F.2d 811· 5th Cir.· 1982-02-22 ·cited 19×
  The court held that intervenor's preseizure claims for crew wages constitute preferred maritime liens and post-seizure catering services are custodia legis expenses, both entitled to priority over the seizing creditor's preferred mortgage.
• Beulah Rose Nelson v. Stockton Mortg. Co.
  100 Fla. 1191· Fla.· 1930-11-12 ·cited 19×
  Stockton Mortgage Company sought to foreclose a mortgage on R.W. Weaver's homestead executed in June 1926, but Weaver died days later in July 1926. The defendants pleaded that no money was ever advanced to Weaver during his lifetime, making the mortgage void for lack of considera
• McGill v. Boulevard & Bay Land & Dev. Co.
  100 Fla. 906· Fla.· 1930-10-18 ·cited 19×
  James H. McGill sought to foreclose a mortgage assigned to him through a chain of title. The trial court dismissed the foreclosure bill, but the Florida Supreme Court reversed, holding that McGill established valid ownership of the mortgage and that the defendants failed to prove
• Battle v. Jennings Naval Stores Co.
  74 Fla. 12· Fla.· 1917-06-15 ·cited 19×
  In this mortgage foreclosure dispute, the Florida Supreme Court reversed a judgment against Battle, holding that payments credited to a running account secured by mortgage should be applied to extinguish the oldest debts first under the rule from Randall v. Parramore & Smith. Bec
• Knickerbocker Tr. Co. v. Green Bay Phosphate Co.
  62 Fla. 519· Fla.· 1911-06-01 ·cited 19×
  The Florida Supreme Court held that a court of equity cannot subordinate a valid first mortgage lien to the operational expenses of a receiver appointed for a private corporation without the consent or acquiescence of the mortgagee, absent special circumstances such as public ser
• Mitsubishi Int'l Corp. v. Clark Pipe & Supply Co., Inc.
  735 F.2d 160· 5th Cir.· 1984-06-28 ·cited 18×
  The court held that under Louisiana law, Mitsubishi possessed a valid vendor's privilege on steel pipe sold to Clark Pipe & Supply, which primed Associates's chattel mortgage, and that the district court properly applied the 'clearly erroneous' standard of review.
• McKEE-Berger-Mansueto, Inc. v. Bd. OF Educ. OF the City OF Chicago
  691 F.2d 828· 7th Cir.· 1982-07-23 ·cited 18×
  The court held that the district court had jurisdiction to enforce its judgment and disburse the funds, and that the attorneys' equitable lien had priority over World Express' garnishment lien.
• United OF Fla., Inc. v. Illini Fed. Sav. & Loan Ass'n & Lyman Sav. & Loan Ass'n
  341 So. 2d 793· Fla. 2d DCA· 1977-01-12 ·cited 18×
  United of Florida, a plumbing contractor, filed a mechanics lien claim against a condominium project after the property owners had filed a notice of commencement. The question presented was whether mortgage assignments made more than one year after the notice of commencement coul
• Tippett v. Cidell Frank
  238 So. 2d 671· Fla. 3d DCA· 1970-08-18 ·cited 18×
  The court held that the appellant's allegations of fraudulent inducement were legally insufficient to defeat summary judgment because they failed to allege justifiable reliance or resulting injury.
• Victor Gruen Assocs., Inc. v. Glass
  338 F.2d 826· 9th Cir.· 1964-11-17 ·cited 18×
  The court held that marshaling of assets should not be ordered if it entails a risk of loss to the senior creditor, even if the loss is not certain.
• Pascagoula Dock Station v. Merchs. & Marine Bank
  271 F.2d 53· 5th Cir.· 1959-09-30 ·cited 18×
  The court held that the preferred ship mortgage was valid, but the case must be remanded to determine the priority of a pre-mortgage maritime lien over the mortgage, as the trial court's reasoning was contradictory.
• Glenn v. Am. Sur. Co.
  160 F.2d 977· 6th Cir.· 1947-04-01 ·cited 18×
  The dissenting judge would reverse the judgment and allow the United States' tax lien to be paid from retained funds before the surety receives interest on its payment.
• State v. City of New Smyrna Beach
  148 Fla. 482· Fla.· 1941-11-18 ·cited 18×
  The Florida Supreme Court upheld a final decree validating the City of New Smyrna Beach's issuance of Refunding Bonds, Series 1941, to refund prior refunding bonds. The court rejected challenges to the city's authority to pledge utility revenues for bond payment and to give prior
• Sydnor J. Tucker v. Crown Corp.
  136 Fla. 517· Fla.· 1938-11-02 ·cited 18×
  This case addresses the allocation of surplus proceeds from a foreclosure sale of two adjoining parcels of land encumbered by multiple liens of varying priority. The court held that a junior mortgagee whose lien attaches to only one of two parcels sold together is entitled only t
• Standard Motors Fin. Co., Inc. v. Cent. Farmers Tr. Co.
  117 Fla. 217· Fla.· 1934-11-13 ·cited 18×
  Standard Motors Finance Co. sought priority rights to a sprinkler system installed in a mortgaged office building under a retained-title contract against the mortgagee's lien. The Florida Supreme Court reversed the lower court's foreclosure decree, holding that a sprinkler system
• 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
• Northup v. Reese
  68 Fla. 451· Fla.· 1914-12-03 ·cited 18×
  The Florida Supreme Court reversed a lower court decision determining priority between two successive mortgages on the same property. The court held that an assignee of the first mortgage (Northup) has priority over an assignee of a second mortgage (Reese), despite an unauthorize
• Wilson and Herr v. Hayward
  6 Fla. 171· Fla.· 1855-01-01 ·cited 18×
  In this equity foreclosure case, the Florida Supreme Court addresses the priority of claims when multiple promissory notes secured by a single mortgage are assigned to different parties and fall due at different times. The court adopts the Virginia rule that the holder of notes m
• Moseley v. Doe
  2 Fla. 429· Fla.· 1849-01-01 ·cited 18×
  This ejectment action concerns whether a sale of land under a junior judgment's writ of fieri facias defeats the lien of an elder judgment. The Florida Supreme Court holds that a judgment creates a perpetual lien on the debtor's real estate from the date of judgment, which cannot
• Tr. Co. OF Columbus v. United States
  735 F.2d 447· 11th Cir.· 1984-06-29 ·cited 17×
  A bank's security interest in a taxpayer's deposit accounts, created by a promissory note executed before a federal tax lien notice, is superior to the federal tax lien.
• Giles v. SUN Bank, N.A.
  450 So. 2d 258· Fla. 5th DCA· 1984-04-19 ·cited 17×
  The court held that an assignment of a service contract where the assignee also performs the contract is excluded from UCC Article 9, and thus the assignee, not a subsequent garnisher, is entitled to the contract proceeds.
• Courtnay Taylor v. Tracor Marine, Inc.
  683 F.2d 1361· 11th Cir.· 1982-08-23 ·cited 17×
  The court held that the appeal is moot because the proceeds from the vessel's sale were disbursed and no stay was obtained.
• Sgro v. United States
  609 F.2d 1259· 7th Cir.· 1979-12-03 ·cited 17×
  A security agreement securing a note for the purchase of stock in a close corporation is not a "commercial transactions financing agreement" under I.R.C. § 6323(c) because it was not entered into by the secured party in the course of his trade or business, nor was it an agreement
• Fla. Bahamas Lines, Ltd. v. THE Steel Barge "Star 800" OF Nassau
  433 F.2d 1243· 5th Cir.· 1970-10-23 ·cited 17×
  A maritime lien for necessaries is subordinate to a foreign ship mortgage when the lien accrued through the actions of a party related to the lienor who breached a duty to the mortgagee, and when the lienor unreasonably delayed in enforcing its lien, causing prejudice.
• Richardson Tractor Co. v. Square Deal Mach. & Supply Co.
  149 So. 2d 388· Fla. 2d DCA· 1963-02-06 ·cited 17×
  A conditional vendor's retained title is superior to a repairman's lien for services performed on the property at the request of the conditional vendee, absent express or implied consent from the vendor.
• ZOE M. Dudemaine v. Shaw
  153 Fla. 899· Fla.· 1944-01-04 ·cited 17×
  A mortgagee who assigned a mortgage just before filing suit to foreclose appealed the dismissal of her amended complaint, which attempted to void a tax deed issued to the property after lis pendens was recorded. The Florida Supreme Court affirmed the dismissal, holding that the p
• Neves v. Flannery
  111 Fla. 608· Fla.· 1933-08-02 ·cited 17×
  J.R. Neves sought to foreclose a mortgage on property in Panama City, Florida, but the First National Bank claimed a superior lien based on a later mortgage. The Florida Supreme Court reversed the lower court's decision, holding that the recorded description in Neves's mortgage,
• John Bowen & the First Nat'l Bank of Graceville v. Grace
  64 Fla. 28· Fla.· 1912-06-01 ·cited 17×
  This case concerns a vendor's lien on land. The court held that a vendor's lien was validly established and enforceable against a subsequent purchaser (a bank) who had actual notice of the lien, even though the vendor had accepted a promissory note and the bank had provided funds