Priority Of Liens

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

• Andrey Tikhomirov v. The Bank OF NEW York Mellon
  223 So. 3d 1112· Fla. 3d DCA· 2017-07-05 ·cited 16×
  Andrey Tikhomirov purchased property at a foreclosure sale conducted by a homeowners' association while a superior mortgage lender's (BNYM) separate foreclosure action was pending with a recorded lis pendens. After BNYM obtained a final judgment of foreclosure, Tikhomirov moved t
• Rodriguez v. Escambron Dev. Corp.
  740 F.2d 92· 1st Cir.· 1984-08-01 ·cited 16×
  A federal tax lien, once attached, is not extinguished by a subsequent state law doctrine of acquisitive prescription (adverse possession) that retroactively vests title in a third party.
• Gen. Elec. Credit Corp. v. The OIL Screw Triton
  712 F.2d 991· 5th Cir.· 1983-08-22 ·cited 16×
  Reasonable attorney's fees provided for in a preferred maritime ship mortgage agreement are entitled to the same priority in payment from judicial sale proceeds as the principal and interest of the debt secured by the mortgage.
• The First Nat'l Bank & Tr. Co. OF Okla. City v. Iowa Beef Processors, Inc.
  626 F.2d 764· 10th Cir.· 1980-07-14 ·cited 16×
  A secured party's conditional consent to sell collateral, even if conditioned on receiving proceeds, cuts off the security interest if the buyer is in the ordinary course of business. A buyer's claim of set-off is subordinate to a perfected security interest in the proceeds.
• The Bank OF NEW Orleans & Tr. Co. v. Marine Credit Corp.
  583 F.2d 1063· 8th Cir.· 1978-09-20 ·cited 16×
  The court held that in rem jurisdiction over the vessels was lost upon their sale and distribution of proceeds, precluding reclamation of leased equipment or satisfaction of claims from those proceeds.
• Randall v. H. Nakashima & Co., Ltd.
  542 F.2d 270· 5th Cir.· 1976-11-12 ·cited 16×
  A federal tax lien attaches to a taxpayer's contract right, even if executory or contingent, if that right has present economic value and is transferable under state law.
• The Chase Manhattan Bank (National Association) v. Corporacion Hotelera de Puerto RICO
  516 F.2d 1047· 1st Cir.· 1975-05-14 ·cited 16×
  The court held that the municipality's motion to intervene was untimely, and thus the district court did not abuse its discretion in denying it.
• Vance v. Sebie Fields and Annie Mae Clark Fields
  172 So. 2d 613· Fla. 1st DCA· 1965-03-09 ·cited 16×
  Plaintiffs Vance sought to foreclose on a mortgage originally given to secure a note held by Pioneer Finance Corporation. The court affirmed summary judgment for Pioneer Finance, holding that the mortgage secures only the note held by Pioneer Finance, and plaintiffs' purported as
• The First Nat'l Bank OF Fort Smith v. Mattingly
  312 F.2d 603· 10th Cir.· 1962-12-21 ·cited 16×
  The court held that the trial court erred by failing to make specific findings of fact as required by Rule 52(a) when the facts were disputed and unclear.
• Sw. Engine Co. v. United States
  275 F.2d 106· 10th Cir.· 1960-01-23 ·cited 16×
  The court held that the SBA's chattel mortgage had priority over the mechanic's lien because federal law governs, and the mortgage did not contain language implying authorization for repairs.
• United States v. Ringwood Iron Mines, Inc.
  251 F.2d 145· 3d Cir.· 1958-01-20 ·cited 16×
  A state tax sale cannot divest a prior federal mortgage lien, as the 'first in time, first in right' rule applies.
• Gabel v. Drewrys Ltd.
  68 So. 2d 372· Fla.· 1953-11-20 ·cited 16×
  Gabel and Drewrys both held mortgages on the same property securing pre-existing debts from McCaffrey. Gabel's mortgage was dated first but recorded later; Drewrys' was recorded first. The court held that Drewrys was not a bona fide purchaser for value because its purported consi
• Cont'l Supply Co. v. Marshall
  152 F.2d 300· 10th Cir.· 1945-11-29 ·cited 16×
  Advances made by a senior mortgagee after actual notice of a junior mortgage are junior in lien to the intervening mortgage, unless the advances are required to protect the security.
• Citizens Nat. Tr. & Sav. Bank of Los Angeles v. United States
  135 F.2d 527· 9th Cir.· 1943-04-28 ·cited 16×
  The dissenting judge believes the tax lien should not attach to after-acquired property when the lien was not recorded and the third party had no notice of an extension agreement.
• Pradip Jamnadas v. Mohan Singh
  731 So. 2d 69· Fla. 5th DCA· 1999-04-01 ·cited 15×
  Plaintiffs appealed the dismissal of counts seeking equitable liens and declaring mortgages void, alleging they provided funds for real estate purchases but defendants fraudulently obtained mortgages in their names without authorization. The court reversed, holding that the compl
• Dep't OF Revenue v. M.E. Rudd and Jean C. Rudd
  545 So. 2d 369· Fla. 1st DCA· 1989-05-26 ·cited 15×
  The Department of Revenue appealed a summary judgment foreclosing a mortgage given by Joseph Rudd to his parents. The court reversed, holding that the trial court lacked jurisdiction to invalidate the tax warrant under the 60-day jurisdictional time limit and that material factua
• United States v. Cent. Bank OF Denver
  843 F.2d 1300· 10th Cir.· 1988-03-31 ·cited 15×
  A bank's unexercised right of setoff against a taxpayer's account does not have priority over a federal tax levy, and a bank's security interest in a general deposit account is not choate for federal priority purposes.
• Edward v. Regan
  469 So. 2d 1387· Fla. 1st DCA· 1984-12-19 ·cited 15×
  Regan, trustee of a pension fund holding a mortgage on a Jacksonville hotel, appeals a summary judgment granting ITT Industrial Credit Company a superior lien on computer equipment financed by ITT. The court reverses and remands, holding that ITT's purchase money security interes
• Wong Shing v. M/V Mardina Trader
  564 F.2d 1183· 5th Cir.· 1977-12-22 ·cited 15×
  The court held that the arrest and sale of the vessel were proper, with sufficient notice provided, and that the confirmation of the sale price was not an abuse of discretion.
• In re Willem C. Barnouw and Nanette E. L. Murnan for Bondholders and Mortgagees v. The S.S. Ozark
  304 F.2d 717· 5th Cir.· 1962-06-28 ·cited 15×
  The court reviewed a foreclosure action where the mortgagors' principal payments were contingent on net crop proceeds, and the trial court vacated foreclosure decrees due to insufficient proof of default.
• McKAY v. Trusco Fin. Co.
  198 F.2d 431· 5th Cir.· 1952-07-21 ·cited 15×
  The court held that under Section 70(c) of the Bankruptcy Act, the trustee in bankruptcy has the rights of a judgment creditor with a lien, and thus holds superior rights to an unrecorded conditional sales contract or chattel mortgage.
• McCampbell Furniture Stores, Inc. v. Cent. Farmers Tr. Co.
  117 Fla. 351· Fla.· 1934-07-31 ·cited 15×
  McCampbell Furniture Stores sold furniture to Hibiscus Holding Company with title retained until payment in cash. The mortgagee of the real property claimed the furniture was subject to its after-acquired property clause, but the Florida Supreme Court held that title never passed
• Kurz v. Pappas
  107 Fla. 861· Fla.· 1932-11-28 ·cited 15×
  This case concerns the priority of a mechanic's lien foreclosure over a subsequent mortgage assignment. The Florida Supreme Court reaffirmed its prior holding in Sandquist & Snow, Inc. v. Kellogg that a mechanic's lien holder may foreclose against only the fee owner within the st
• LaFayette Wooten v. Bellinger
  17 Fla. 289· Fla.· 1879-06-01 ·cited 15×
  A seller seeking to enforce an equitable lien for unpaid purchase money on land and crops against a subsequent mortgage creditor who financed the crop. The court held that a defendant cannot obtain affirmative relief solely through an answer and must file a cross-bill, and that a
• Coral Lakes Cmty. Ass'n, Inc. v. Busey Bank, N.A.
  30 So. 3d 579· Fla. 2d DCA· 2010-02-19 ·cited 14×
  The HOA appeals a summary judgment foreclosure, arguing the Bank should be liable for unpaid HOA assessments under amended Florida statute § 720.3085. The court holds that the HOA's Declaration of Covenants and Restrictions, which subordinates HOA assessment liens to first mortga
• Suniland Assocs., Ltd. v. Wilbenka, Inc.
  656 So. 2d 1356· Fla. 3d DCA· 1995-06-21 ·cited 14×
  Suniland Associates appealed a judgment denying its foreclosure claim and awarding damages to Wilbenka on a counterclaim. The Florida Third District Court of Appeal reversed, holding that a conditional assignment of lease creates no interest in property itself and therefore does
• Se. Bank, N.A. v. H.P. Sapp
  554 So. 2d 1193· Fla. 1st DCA· 1989-12-13 ·cited 14×
  The court held that interests founded upon a forged instrument are void and cannot gain priority over prior valid liens, even if the holders are innocent purchasers without notice.
• Eggleston v. The State OF Colo.
  873 F.2d 242· 10th Cir.· 1989-04-21 ·cited 14×
  Civil forfeiture under 21 U.S.C. § 881 relates back to the time of the unlawful act, vesting title in the government and defeating subsequent claims, including state tax liens, except for the innocent owner exception.
• In re Martin Exploration Co. v. Martin Exploration Co. & Superior Supply Co.
  731 F.2d 1210· 5th Cir.· 1984-05-14 ·cited 14×
  The court held that Superior's unrecorded vendor's privilege primed Explorer's lien because the pipe remained movable property and the specific statute for well-related movables did not require recordation to perfect the privilege. The court also affirmed the bankruptcy court's c
• Md. Nat'l Bank v. The Mayor & City Council OF Baltimore
  723 F.2d 1138· 4th Cir.· 1983-12-19 ·cited 14×
  The court held that the City's lien for 1980-81 real estate taxes was not avoidable by the bankruptcy trustee under 11 U.S.C. § 545 because Maryland law permitted the perfection of this interest post-petition under 11 U.S.C. § 546(b).
• Indus. Supply Corp. & Fennell & Assocs., Inc. v. Bricker
  306 So. 2d 133· Fla. 2d DCA· 1975-01-08 ·cited 14×
  Industrial Supply Corporation and Fennell & Associates appeal a foreclosure judgment prioritizing appellees' mortgage over their mechanics' liens. The Florida District Court of Appeal affirmed, holding that the mortgage validly secured future advances under Fla. Stat. § 697.04 an
• Brookhaven Bank & Tr. Co. v. Gwin
  253 F.2d 17· 5th Cir.· 1958-03-04 ·cited 14×
  The court held that the trustee's abandonment of the property restored the pre-bankruptcy priorities between the lienholders, and the judgment lien was superior to the chattel mortgage.
• United States v. Atl. Mun. Corp.
  212 F.2d 709· 5th Cir.· 1954-05-11 ·cited 14×
  A county's specific and perfected ad valorem tax lien, which is prior in time to a federal tax lien, is entitled to priority in payment over the federal claim.
• S. Bank & Tr. Co. v. Mathers
  90 Fla. 542· Fla.· 1925-11-09 ·cited 14×
  Mathers, as endorser of Burns' bank notes, took a mortgage on automobiles to secure those notes. After Burns died and his administrator prepared to sell the mortgaged assets, Mathers sought foreclosure, claiming priority despite the mortgage being filed after Burns' death. The Fl
• Ruge v. The Webb Press Co. Ltd.
  71 Fla. 536· Fla.· 1916-04-18 ·cited 14×
  In this foreclosure dispute, the Florida Supreme Court held that a landlord's statutory lien for unpaid rent does not attach to machinery and equipment placed on leased premises before the lease was executed, particularly when a prior mortgage lien was perfected before the lease
• McAdow v. Wachob
  45 Fla. 482· Fla.· 1903-01-01 ·cited 14×
  The appellate court reversed a lower court's order dissolving an injunction. The reversal was based on procedural errors, specifically the lack of notice to the complainant and an opportunity to be heard on exceptions to a master's report. The court also provided guidance on the
• Patterson v. Taylor
  15 Fla. 336· Fla.· 1875-06-01 ·cited 14×
  Patterson appeals a foreclosure decree involving competing claims to a mortgaged crop. The Florida Supreme Court holds that a mortgagor who voluntarily pledges property by mortgage cannot later claim exemption protection, and that a mortgagee's recorded mortgage takes priority ov
• Citizens & Peoples Nat'l Bank OF Pensacola v. Futch
  650 So. 2d 1008· Fla. 1st DCA· 1994-03-30 ·cited 13×
  Citizens & Peoples National Bank appealed a trial court order distributing proceeds from a $170,000 letter of credit securing a judgment between Head and Futch. The court affirmed the distribution of $67,906.55 to Futch and reversed the award of $15,056.85 to Head's attorney Kerr
• Wardley Int'l Bank, Inc. v. Nasipit BAY Vessel
  841 F.2d 259· 9th Cir.· 1988-02-11 ·cited 13×
  The court held that a foreign ship mortgage can be equitably subordinated to maritime liens for necessaries even if the mortgage is valid and the liens arose before default, if the mortgagee engaged in inequitable conduct that harmed other claimants.
• Suntrust Bank v. Riverside Nat'l Bank OF Fla.
  792 So. 2d 1222· Fla. 4th DCA· 2001-08-29 ·cited 12×
  A refinancing lender is entitled to equitable subrogation to the priority of the satisfied first mortgage, even if negligent in failing to discover an intervening lien, provided it does not prejudice the intervening lienholder.
• Citibank, FSB v. PNC Mortg. Corp. OF Am. formerly Sears Mortg. Corp.
  718 So. 2d 300· Fla. 2d DCA· 1998-09-11 ·cited 12×
  Citibank appeals a foreclosure sale distribution order that allocated surplus proceeds to junior lienholders without determining the legal priorities among them. The appellate court reversed, holding that the trial court must prioritize all junior lienholders' claims before distr
• Caribank v. Frankel
  525 So. 2d 942· Fla. 4th DCA· 1988-05-11 ·cited 12×
  Caribank appealed a summary final judgment of foreclosure in which the trial court found that the Frankels' equitable lien, arising from their contract and deposit with Three "D" Development, was superior to Caribank's mortgage lien because Caribank had actual knowledge of the Fr
• Chicago Title Ins. Co. v. Sherred Vill. Assocs.
  708 F.2d 804· 1st Cir.· 1983-05-17 ·cited 12×
  The court held that federal law should adopt state law for determining the priority of mechanics' liens against HUD-insured mortgages when Congress has not explicitly mandated a federal rule and a national rule is not necessary to protect federal interests.
• Vito Davanzo v. Resolute Ins. Co.
  346 So. 2d 1227· Fla. 3d DCA· 1977-06-14 ·cited 12×
  Trustees of a dissolved corporation that held title to mortgaged property appeal a foreclosure judgment on four mortgages. The court affirmed the foreclosure of three mortgages where the fee titleholder was properly a party and the mortgagees sought relief, but reversed the forec
• S. D'Antoni, Inc. v. The Great Atl. & Pac. TEA Co., Inc.
  496 F.2d 1378· 5th Cir.· 1974-07-05 ·cited 12×
  A federal tax lien notice must be filed at the corporation's principal executive office, not its registered office, to be valid against judgment lien creditors.
• In re Leopold Ackerman II v. United States
  424 F.2d 1148· 9th Cir.· 1970-04-08 ·cited 12×
  A federal tax lien against a husband's antenuptial debt attaches to his undivided one-half interest in Arizona community property, and a junior lienholder cannot use the marshaling doctrine to prevent the government from enforcing its lien against any property authorized by feder
• Gables Lincoln-Mercury, Inc. v. First Bank & Tr. Co. OF Boca Raton
  219 So. 2d 90· Fla. 3d DCA· 1969-02-11 ·cited 12×
  This case determines whether a garageman's statutory lien for vehicle repairs has priority over a bank's pre-existing security interest in a retain title contract. The Florida District Court of Appeal held that under the Uniform Commercial Code § 679.9-310, the garageman's lien p
• Dade Nat'l Bank OF Miami v. Univ. Transfer & Storage, Inc.
  151 So. 2d 868· Fla. 3d DCA· 1963-04-16 ·cited 12×
  Dade National Bank appeals a replevin judgment awarding a piano to a warehouseman despite the bank's superior title under an unrecorded conditional sales contract. The court holds that a conditional vendor's interest in personal property is superior to a subsequent warehouseman's
• 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.
• United States v. Weissman
  135 So. 2d 235· Fla. 2d DCA· 1961-12-08 ·cited 12×
  The court held that a landlord's statutory lien for rent, though superior under Florida law to liens acquired after the tenant brings property onto the premises, is not a perfected lien under federal law and therefore has priority lower than federal tax liens assessed prior to th