Priority Of Liens

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

• Osin v. Johnson
  243 F.2d 653· D.C. Cir.· 1957-04-11 ·cited 12×
  The court held that while bona fide purchasers for value without notice prevail over an unrecorded equitable interest, judgment creditors' priority over such interests depends on recording statutes and reliance on the record.
• In re Quaker City Unif. Co., Inc.
  238 F.2d 155· 3d Cir.· 1956-10-31 ·cited 12×
  The court held that Section 67(c) of the Bankruptcy Act implicitly postpones a chattel mortgage lien, which is inferior under state law to a landlord's lien, to a position behind the landlord's lien, even if the chattel mortgage is not expressly mentioned in Section 67(c).
• People of Puerto RICO v. United States (two cases)
  131 F.2d 151· 1st Cir.· 1942-11-06 ·cited 12×
  The insular government is not entitled to receive taxes for the ensuing fiscal year from money deposited in condemnation proceedings if the taxes are not yet due and payable.
• Herring v. Fitts
  43 Fla. 54· Fla.· 1901-01-01 ·cited 12×
  In this equity case involving mortgage reformation, the Florida Supreme Court affirmed the trial court's correction of a mutual mistake in the description of land in William Herring's mortgage from the Fitts couple, but reversed the subordination of Herring's corrected mortgage t
• Hillsborough Cnty. v. Lou Ann Lanier, CPA
  898 So. 2d 141· Fla. 2d DCA· 2005-03-09 ·cited 11×
  Hillsborough County appealed a trial court's denial of its motion to compel disbursement of funds from an assignee managing A & E Electric's estate under Florida's assignment for benefit of creditors statute. The court affirmed, holding that a restitution lien entered after the c
• Walling Enters., Inc. v. Mathias
  636 So. 2d 1294· Fla.· 1994-03-31 ·cited 11×
  A statutory landlord's lien does not attach to a tenant's liquor license because a liquor license is a general intangible, not tangible property kept on the premises. Therefore, the landlord's lien cannot have priority over a perfected security interest in the license.
• Lafitte v. Gigliotti Pipeline, Inc.
  624 So. 2d 844· Fla. 2d DCA· 1993-10-01 ·cited 11×
  The dissent argues that the case should be dismissed as moot because the challenged statute has been repealed and replaced with a more narrowly drawn ordinance, making the original controversy no longer live. The dissent believes the majority incorrectly applies the voluntary ces
• Slachter v. Abundio Inv. Co.
  566 So. 2d 348· Fla. 3d DCA· 1990-09-04 ·cited 11×
  The court held that summary judgment was properly granted because Abundio's prior recorded judgment created a superior title to Slachter's later recorded mortgage, and Slachter failed to present evidence of a genuine issue of material fact.
• Ginsberg v. Keehn
  550 So. 2d 1145· Fla. 3d DCA· 1989-08-29 ·cited 11×
  In a consolidated appeal regarding attorney's fees in a shareholder derivative action, the Florida District Court of Appeal affirmed the trial court's award of $35,000 in fees to derivative counsel while denying fees to individual counsel, and affirmed the charging lien priority,
• Gen. Bank v. Westbrooke Pointe, Inc.
  548 So. 2d 736· Fla. 3d DCA· 1989-08-22 ·cited 11×
  General Bank appeals the trial court's award of surplus foreclosure proceeds to the mortgagor Westbrooke Pointe rather than to General Bank as third mortgagee. The court holds that under Florida law, junior lienholders have priority over the mortgagor to surplus proceeds from a f
• United States v. ED Lusk Constr. Co., Inc.
  504 F.2d 328· 10th Cir.· 1974-10-23 ·cited 11×
  A federal tax lien has priority over an unperfected security interest when the government lacks actual knowledge of the security interest, even if filed in the same location.
• Fox-Greenwald Sheet Metal Co., Inc. v. Markowitz Bros., Inc.
  452 F.2d 1346· D.C. Cir.· 1971-10-12 ·cited 11×
  An anti-assignment clause in a contract, intended solely for the obligor's benefit, does not render an assignment invalid against third parties, including the government asserting tax liens. Furthermore, an assignee can benefit from a suit commenced by the assignor on the assigne
• Ervin F. Parker v. Gamble
  96 Fla. 343· Fla.· 1928-07-30 ·cited 11×
  This case clarifies the priority between a mortgage and a materialman's lien on an estate by entireties. The court held that the mortgage, recorded before the lien notice was filed, had priority because the lien did not legally exist until the notice was filed according to the re
• Marsdreamland LP v. MTGLQ Invs., L.P.
  335 So. 3d 228· Fla. 3d DCA· 2024-12-18 ·cited 10×
  Marsdreamland LP appealed a trial court's denial of its motion for surplus foreclosure sale proceeds, while Catalina Homeowners Association cross-appealed the denial of its competing motion. The Third District Court of Appeal affirmed the denial of Marsdreamland's claim but rever
• Household Fin. Servs., Inc. v. Bank OF Am., N.A.
  883 So. 2d 346· Fla. 4th DCA· 2004-09-22 ·cited 10×
  This case determines whether a junior mortgagee who defaulted in a foreclosure action can claim entitlement to surplus funds from the foreclosure sale. The court holds that a junior mortgagee has priority to surplus funds over an assignee of the mortgagor's interest, and affirms
• Lloyd v. Chicago Title Ins. Co.
  576 So. 2d 310· Fla. 3d DCA· 1990-10-23 ·cited 10×
  An unrecorded assignment of a mortgage is not invalidated by a forged satisfaction of that mortgage, even against a subsequent innocent mortgagee who relied on the forged satisfaction.
• S. Bank OF Lauderdale Cnty. v. Internal Revenue Serv.
  770 F.2d 1001· 11th Cir.· 1985-09-13 ·cited 10×
  A nonjudicial foreclosure sale conducted without proper notice to the United States, as required by 26 U.S.C. § 7425(b), does not disturb the federal tax lien, and the lien is elevated from its junior status.
• In re Pac. Trencher & Equip., Inc. v. Bankruptcy
  735 F.2d 362· 9th Cir.· 1984-06-14 ·cited 10×
  The court held that the doctrines of mistake and reformation are unavailable to alter the clear language of a U.C.C. termination statement, and the erroneous filing was seriously misleading.
• Paul D. Pearlstein for Sardis, Inc. v. U.S. Small Bus. Admin. Appeal of Dist. of Columbia Gov't
  719 F.2d 1169· D.C. Cir.· 1983-10-14 ·cited 10×
  The court held that the priority of liens in bankruptcy, including tax liens, is determined by applicable nonbankruptcy law, not by federal 'first in time' principles unless explicitly stated.
• Vintero Corp. v. Corporacion Venezolana de Fomento
  675 F.2d 513· 2d Cir.· 1982-04-02 ·cited 10×
  The court held that CVF was not precluded from raising equitable arguments for the first time on appeal, as they were legal recharacterizations of issues previously presented.
• Vincenzo Armetta v. Clevetrust Realty Invs.
  384 So. 2d 55· Fla. 4th DCA· 1980-06-04 ·cited 10×
  The court held that a counterclaim seeking an equitable lien based on equitable estoppel must allege fraud, misrepresentation, or other affirmative deception to state a cause of action.
• Williams v. Am. Bankers Life Assurance Co. OF Fla.
  379 So. 2d 119· Fla. 3d DCA· 1979-11-13 ·cited 10×
  The court held that a subordination agreement is not binding on an assignee of a mortgage taken as collateral security, and a mortgage consolidation agreement does not extinguish prior mortgages.
• In re E. A. Fretz Co., Inc. v. Fitzgerald
  565 F.2d 366· 5th Cir.· 1978-01-04 ·cited 10×
  The court held that the Uniform Commercial Code does not permit 'floating secured parties' who can obtain perfected security interests through post-bankruptcy assignments to a senior lienor.
• AIR Flow Heating & AIR Conditioning, Inc. v. Thompson S. Baker
  326 So. 2d 449· Fla. 4th DCA· 1976-01-16 ·cited 10×
  In this interlocutory appeal, the court addresses the priority between a mortgage lien and mechanic's liens when the mortgage was recorded without an attached legal description. The court held that the mortgage, as originally recorded on July 19, 1973, did not impart constructive
• Marylin S. Baron v. Aiello
  319 So. 2d 198· Fla. 3d DCA· 1975-09-09 ·cited 10×
  This case concerns a dispute over title and possession of real property between a foreclosure sale purchaser and an intervening judgment creditor, where the trial court ultimately found the foreclosure sale purchaser to be the fee simple holder and entitled to possession.
• Carolina Aircraft Corp. v. Commerce Tr. Co.
  289 So. 2d 37· Fla. 4th DCA· 1974-01-31 ·cited 10×
  A statutory mechanic's lien for repairs to an aircraft takes priority over a prior recorded chattel mortgage, even if the mortgage is recorded under federal law.
• Raskin v. Otten
  273 So. 2d 433· Fla. 3d DCA· 1973-02-13 ·cited 10×
  The court held that there is a right of reforeclosure against an omitted junior mortgagee and that a mortgagee may be subrogated to prior liens, but erred in allowing reimbursement for expenses to a party who benefited from the property.
• Mid-Eastern Elecs., Inc. v. First Nat'l Bank OF S. Md.
  455 F.2d 141· 4th Cir.· 1970-07-28 ·cited 10×
  The court held that the renewal of notes did not constitute future advances, and the assignment of contract proceeds served as a valid security agreement, giving the bank priority.
• United States v. The State Nat'l Bank OF Conn.
  421 F.2d 519· 2d Cir.· 1970-01-29 ·cited 10×
  A disinterested bank-stakeholder is not entitled to attorney's fees from a fund when the total amount in the fund is insufficient to satisfy prior federal tax liens.
• White v. Cnty. Mortgagee Corp. & Pauline Muravchick
  211 So. 2d 254· Fla. 3d DCA· 1968-06-04 ·cited 10×
  This case involves a mortgage foreclosure suit where the defendant mortgagor sought releases of land under the mortgage agreement, but the trial court dismissed their counterclaim.
• Leedy v. First Fed. Sav. & Loan Ass'n OF Cocoa
  142 So. 2d 99· Fla. 2d DCA· 1962-06-08 ·cited 10×
  A lien claimant, Roger Leedy, sought priority for his mechanic's lien recorded after mortgages had been recorded by First Federal Savings and Loan. The court held that Leedy failed to establish the elements necessary to claim priority under Florida's blanket lien theory and relat
• Deerfield Beach Bank & City of Deerfield Beach v. Mager
  140 So. 2d 120· Fla. 2d DCA· 1962-04-04 ·cited 10×
  The court affirmed a summary final decree that established the plaintiff's mortgage liens as prior and superior to the assessment liens of the defendant City and Bank, who failed to present evidence to contest the plaintiff's claims.
• LEE Cnty. Bank v. Metro. Life Ins. Co., Inc.
  126 So. 2d 589· Fla. 2d DCA· 1961-01-20 ·cited 10×
  Lee County Bank sought to foreclose a mortgage on property sold to the Howes under an unrecorded contract. The court affirmed summary judgment for the Howes, holding that actual possession of real property puts a mortgagee on constructive notice of the possessor's rights, and the
• Cal. State Dep't of Emp. v. United States
  210 F.2d 242· 9th Cir.· 1954-01-25 ·cited 10×
  Section 67, sub. c of the Bankruptcy Act does not alter the priority of statutory liens established by § 67, sub. b; federal tax liens perfected prior to state tax liens remain superior even if the state acquired possession of the property before bankruptcy.
• Miller v. Bank OF Am.
  166 F.2d 415· 9th Cir.· 1948-02-19 ·cited 10×
  A judgment creditor's lien on personal property does not attach until execution and levy, making the United States' prior perfected tax lien superior.
• Kyser v. MacADAM
  117 F.2d 232· 2d Cir.· 1941-01-13 ·cited 10×
  The court held that the mortgage was subordinate to the mechanics' liens due to non-compliance with New York Lien Law § 13, and that the plan of arrangement was improperly confirmed due to errors in creditor classification and voting.
• Alphonse Loubat v. Kipp & Young
  9 Fla. 60· Fla.· 1860-01-01 ·cited 10×
  In this 1860 Florida Supreme Court case, executors of a deceased creditor sought to foreclose a mortgage on real property, but the defendant Loubat claimed superior title based on a purchase at a judicial sale under an earlier attachment lien. The court held that the mortgage, th
• Bancflorida v. Hayward
  689 So. 2d 1052· Fla.· 1997-02-27 ·cited 9×
  BancFlorida sought review of a Third District Court of Appeal decision that gave contract purchasers priority over the bank's purchase money mortgages on lots. The Florida Supreme Court reversed, holding that purchase money mortgages have priority over prior equitable liens, even
• United States v. Bell Credit Union
  860 F.2d 365· 10th Cir.· 1988-10-21 ·cited 9×
  Credit unions must surrender member share accounts to IRS levies, and their claims of statutory or contractual liens do not establish priority over federal tax liens. Failure to comply without reasonable cause incurs penalties.
• Walter E. Heller & Co. Se., Inc. v. Petition of B.W. Williams, Jr.
  450 So. 2d 521· Fla. 3d DCA· 1984-04-03 ·cited 9×
  Walter E. Heller & Company appealed a trial court order denying its priority claim to funds owed to a delinquent personal property taxpayer. The Florida appellate court reversed, holding that the county's tax lien on other personal property is a general lien subordinate to the ta
• S. Colonial Mortg. Co., Inc. v. Medeiros
  347 So. 2d 736· Fla. 4th DCA· 1977-06-17 ·cited 9×
  This case involves a priority dispute between mortgagees and mechanics lienholders in a condominium development. The appellate court reversed the trial court's judgment, holding that the mortgagees were entitled to subrogation rights to the construction mortgage they paid off, an
• Morton v. Morton
  297 So. 2d 79· Fla. 3d DCA· 1974-04-09 ·cited 9×
  This case addresses whether a widow's dower right in Florida extends to personal property pledged as collateral by the decedent during his lifetime, and whether Florida courts can award dower in real property located outside Florida. The court held that dower attaches only to the
• Freligh v. Maurer
  111 So. 2d 712· Fla. 2d DCA· 1959-05-06 ·cited 9×
  Eleanor Freligh, a bona fide purchaser for value who acquired real property without notice two hours before suit was filed and a lis pendens recorded, appeals a decree subordinating her title to Irvin Maurer's equitable lien claim. The court holds that an unrecorded and unliquida
• LEE v. THE Bank OF Ga.
  159 Fla. 481· Fla.· 1947-09-30 ·cited 9×
  The Florida Supreme Court reversed a foreclosure decree, holding that a Georgia-executed bill of sale securing a promissory note for an automobile could not be enforced in Florida against innocent purchasers for value because the lienholder failed to comply with Florida Statutes
• In re Chicago v. Grp. OF Institutional Invs.
  124 F.2d 754· 7th Cir.· 1941-12-04 ·cited 9×
  The court held that while the overall reorganization plan has evidentiary support and simplifies the financial structure, further specific findings of fact are required from the Commission before final approval can be granted, particularly regarding the disposition of certain mor
• Bullard v. Fender
  140 Fla. 448· Fla.· 1939-11-07 ·cited 9×
  In this mortgage foreclosure and reformation case, G. L. Bullard sought to reform and foreclose a mortgage he claimed secured $15,000 in notes against A. R. Fender and related corporate defendants. The Florida Supreme Court affirmed the chancellor's decision holding that the mort
• Hamilton v. Hughes
  737 So. 2d 1248· Fla. 5th DCA· 1999-08-06 ·cited 8×
  The court held that the appellant, as a tenant in common, was entitled to the entire excess sale proceeds because the other cotenant's mortgage only encumbered his interest, and she had staked a claim to the funds.
• Wolf v. Marin Spariosu and Suyapa Baraha Spariosu
  706 So. 2d 881· Fla. 3d DCA· 1998-01-14 ·cited 8×
  The Wolf Group, as assignee of City First Mortgage Corp., sought priority over a materialman's lien filed by Maysonet Landscape Co. The court held that the Wolf Group's mortgage was entitled to priority under the doctrine of conventional subrogation because City First had an expr
• In re Kimura v. Battley
  969 F.2d 806· 9th Cir.· 1992-07-10 ·cited 8×
  A federal tax lien attaches to the proceeds of an Alaska liquor license, and state law cannot grant priority to trade creditors over a properly filed federal tax lien.
• Capuano v. United States
  955 F.2d 1427· 11th Cir.· 1992-03-17 ·cited 8×
  Attorney Capuano brought a wrongful levy action under 26 U.S.C. § 7426 to recover a $25,000 fee from a $100,000 settlement check in a forfeiture case, after the IRS levied on the check and negotiated it without his consent despite being a named payee. The Eleventh Circuit reverse