Priority Of Liens

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

• United States v. City OF Albuquerque
  465 F.2d 776· 10th Cir.· 1972-08-09 ·cited 4×
  The court held that special assessments for sewer, water, and street improvements are not 'taxes due on the property' as contemplated by 15 U.S.C. § 646, and therefore do not subordinate the SBA's prior recorded mortgage lien.
• In re Double H Prods. Corp.
  462 F.2d 52· 3d Cir.· 1972-05-31 ·cited 4×
  The court held that the Government's title to inventory under a progress payment clause vested immediately and was not merely a security interest, thus it was superior to the bank's lien.
• Home Sav. Ass'n v. The Tappan Co.
  403 F.2d 201· 5th Cir.· 1968-11-13 ·cited 4×
  The court held that the language in the August 18, 1966 letter did not establish a condition precedent to payment, but rather indicated the timing of payment.
• In re Pioneer Sample Book Co., Inc.
  374 F.2d 953· 3d Cir.· 1967-03-03 ·cited 4×
  Administrative expenses of an unsuccessful Chapter XI arrangement proceeding are not chargeable against the proceeds of assets subject to a secured lien, and only specific bankruptcy administration costs are chargeable to liened assets when sold without objection.
• United States v. Pollack
  370 F.2d 79· 2d Cir.· 1966-12-02 ·cited 4×
  The government may apply foreclosure sale proceeds to satisfy its liens in a manner that maximizes its security, even if it means preserving liens on other properties, as long as no intervening creditors are prejudiced.
• Sheridan, Inc. v. Palchanis
  172 So. 2d 872· Fla. 2d DCA· 1965-03-19 ·cited 4×
  The court held that the layout work performed on a vacant lot did not constitute a 'visible commencement of operations' such that mechanics' liens would take priority over previously recorded mortgages.
• In re Mut. Bd. & Packaging Corp. v. The Oneida Nat'l Bank & Tr. Co. of Cent. N.Y.
  342 F.2d 294· 2d Cir.· 1965-03-11 ·cited 4×
  Presentation of a conditional sales contract with the required filing fee constitutes filing for priority purposes, even if the clerk wrongfully refuses to accept it.
• Maas Bros., Inc. v. Guar. Fed. Sav. & Loan Ass'n
  157 So. 2d 528· Fla. 2d DCA· 1963-10-23 ·cited 4×
  Maas Brothers, a carpet vendor, appeals a summary judgment granting an injunction in favor of Guaranty Federal Savings and Loan Association (the mortgagee) over wall-to-wall carpeting installed in model homes. The appellate court reverses, holding that the carpeting remained pers
• Hartstone Concrete Prods. Co., Inc. v. Abe Verkauf
  147 So. 2d 194· Fla. 2d DCA· 1962-11-28 ·cited 4×
  A mechanic's lienor failed to file its lien claim within three months of the last materials furnished, though it filed within one year. A mortgage was recorded two days after the lien was filed. The court held that the mechanic's lienor must file within three months to preserve p
• In re Evergreen Mem'l Park Ass'n
  308 F.2d 65· 3d Cir.· 1962-09-28 ·cited 4×
  The court held that the distribution of proceeds from the sale of cemetery land must be equitable and based on the proportional value of the different plots, rather than a strict chronological application of liens, and remanded for determination of those values.
• Nw. Marine Works v. United States
  307 F.2d 537· 9th Cir.· 1962-08-17 ·cited 4×
  The court held that the government, by operating the vessel for its own benefit instead of strictly foreclosing, assumed the risk of losses and could not claim priority for its advances over existing maritime liens.
• Cassel v. Gulf Life Ins. Co.
  143 So. 2d 510· Fla. 2d DCA· 1962-08-01 ·cited 4×
  The Cassels appealed a foreclosure decree and an order denying intervention by Appliance Buyers Credit Corporation, which claimed ownership of personalty (appliances and fixtures) in the foreclosed property. The court affirmed both the foreclosure and the denial of intervention,
• Hanna Paint Mfg. Co. v. Rodey
  298 F.2d 371· 10th Cir.· 1962-01-12 ·cited 4×
  The court held that the attorneys' charging lien had priority over the appellant's assignment and that the trial court did not abuse its discretion in approving the attorney fee.
• Mack Indus., Inc. v. Donald W. Nelson, Inc.
  134 So. 2d 821· Fla. 2d DCA· 1961-11-15 ·cited 4×
  Mack Industries appealed a mortgage foreclosure decree, challenging the trial court's finding that excavation and fill work performed before the mortgage was recorded did not constitute visible commencement under Florida's Mechanics' Lien Law, and thus did not give its lien prior
• Nat'l Title Ins. Co. & Fam. Invs., Inc. v. Mercury Builders, Inc.
  124 So. 2d 132· Fla. 3d DCA· 1960-11-07 ·cited 4×
  National Title Insurance Company and Family Investors, Inc. appealed a foreclosure judgment holding that mechanic's lien holders had priority over their mortgages on property in Suburban Estates. The court reversed in part, finding that Family Investors' purchase money mortgage t
• Fauci v. Hannon
  275 F.2d 234· 1st Cir.· 1960-02-24 ·cited 4×
  The court affirmed the order denying Fauci's injunction, finding her claim subordinate to the government's lien. The court vacated the order enjoining Denehy from foreclosing her mortgage, finding the order to discharge the mortgage excessive.
• United States v. Wasserman
  257 F.2d 491· 1st Cir.· 1958-07-18 ·cited 4×
  The court held that 1957 real estate taxes, which preserved the value of senior mortgage liens, should be paid from the proceeds allocated to those mortgages, not from the proceeds due to the junior federal tax lienholder, as the federal lien was not benefited by the tax payment.
• Scheiner v. Adamco, Inc.
  81 So. 2d 205· Fla.· 1955-06-15 ·cited 4×
  Benjamin Scheiner sought to acquire stock in two corporations and obtain their assets through equity proceedings, but the Florida Supreme Court held that he cannot use corporate form doctrine strategically to avoid paying unsecured creditors. The Court granted certiorari and rema
• United States v. Blackett
  220 F.2d 21· 9th Cir.· 1955-03-09 ·cited 4×
  A federal tax lien attaches to the proceeds from the sale of a liquor license, even if the license itself is not considered property, because the proceeds represent a right to property belonging to the taxpayer.
• Reconstr. Fin. Corp. v. Cody Fin. Co.
  214 F.2d 695· 10th Cir.· 1954-07-08 ·cited 4×
  The court held that the finance company was a bona fide purchaser for value without notice of the RFC's prior assignment, and its inquiry was sufficient under the circumstances.
• United States v. Albert Holman Lumber Co.
  208 F.2d 113· 5th Cir.· 1953-11-10 ·cited 4×
  The court denied the petition for rehearing, affirming its prior decision that materialmen's liens have priority over federal tax liens under the 'first in time, prior in right' doctrine.
• United States v. Peoples Bank
  197 F.2d 898· 5th Cir.· 1952-07-18 ·cited 4×
  The court held that the bank's second loan, evidenced by a new note and bill of sale, was a separate transaction and not a future advance under the original loan, thus the federal tax liens filed before the second loan had priority over the second loan.
• United States v. Barndollar & Crosbie, Inc.
  166 F.2d 793· 10th Cir.· 1948-03-01 ·cited 4×
  The court held that the record lacked a sustainable basis for limiting the government's recovery to a partial amount of the delinquent taxes, penalty, and interest.
• State v. City of Jacksonville & Will O. Murrell
  159 Fla. 328· Fla.· 1947-07-22 ·cited 4×
  Florida Supreme Court upheld the City of Jacksonville's issuance of $15 million in electric revenue certificates, rejecting contentions that they constituted bonds requiring voter approval and determining their priority status relative to existing municipal debt.
• Paul v. United States
  127 F.2d 64· 6th Cir.· 1942-04-08 ·cited 4×
  The government's lien for estate taxes has priority over subsequently acquired liens, and the estate tax lien does not require demand or filing of notice to be valid.
• Huckleby v. State
  57 Fla. 433· Fla.· 1909-01-01 ·cited 4×
  This case concerns the State of Florida's right to intervene in a pending equity suit to collect unpaid taxes. The appellate court affirmed the lower court's decision to overrule a demurrer, holding that the State has the right to intervene for tax collection purposes.
• Baars v. W. F. & J. E. Creary
  23 Fla. 311· Fla.· 1887-06-01 ·cited 4×
  This case concerns whether a claimant can challenge the validity of an execution writ in a property claim proceeding. The court held that a claimant, a stranger to the original judgment, cannot question the execution's regularity; their challenge must be limited to the superiorit
• U.S. Bank Nat'l Ass'n v. Taylor
  30 So. 3d 530· Fla. 3d DCA· 2010-02-10 ·cited 3×
  U.S. Bank, as holder of a first mortgage, obtained a foreclosure judgment and purchased the property at sale. The trial court improperly granted a post-judgment motion to intervene by Northview, which held only a second mortgage but claimed title based on erroneous book and page
• Penzell v. M & M Constr. Grp. Corp.
  915 So. 2d 194· Fla. 3d DCA· 2005-09-07 ·cited 3×
  The court held that a recorded judgment establishing a clear and definite injunction for hazardous substance cleanup creates a valid governmental lien that takes priority over other claims for excess proceeds from a tax sale.
• Jea Min HAN v. United States
  944 F.2d 526· 9th Cir.· 1991-09-11 ·cited 3×
  Purchasers who pay off an existing encumbrance are entitled to equitable subrogation to the priority of the paid-off lien, even if their agent had knowledge of a subsequently recorded tax lien, as long as the purchasers themselves had only constructive notice.
• In re Bakeries v. McCARTY
  908 F.2d 517· 9th Cir.· 1990-07-16 ·cited 3×
  Transfers avoided under 11 U.S.C. § 548 are automatically preserved for the benefit of the estate under 11 U.S.C. § 551, irrespective of whether the interest could have been avoided in a prepetition state court action.
• FOY v. Mangum
  528 So. 2d 1331· Fla. 5th DCA· 1988-08-04 ·cited 3×
  Foy appeals a judgment dismissing his mechanic's lien foreclosure suit against the Mangums. The court held that an amended claim of lien filed under section 713.07(4) does not extend the one-year deadline to file a foreclosure suit under section 713.22(1), even though Foy's amend
• In re Am. Pouch Foods, Inc.
  769 F.2d 1190· 7th Cir.· 1985-07-30 ·cited 3×
  The court should apply Illinois' Uniform Commercial Code as the rule of decision and hold that the United States held only an unperfected security interest in the seized assets.
• United States v. Leone Bosurgi and Emilio Bosurgi as Executors of the Estate of Adriana Bosurgi
  750 F.2d 216· 2d Cir.· 1984-12-12 ·cited 3×
  The court held that the district court's award of an attorney's charging lien, including a multiplier for delay in payment, was not an abuse of discretion and affirmed the order.
• Baumgartner Constr. Co., Inc. v. Harrell
  364 So. 2d 802· Fla. 1st DCA· 1978-11-14 ·cited 3×
  Baumgartner Construction disputes a mechanics lien foreclosure judgment filed by subcontractor Harrell on subdivision improvements. The court affirms in part and reverses in part, holding that subdivision improvement lienors need not provide notice to owners and owners need not f
• Strickland v. Motors Acceptance
  126 So. 2d 156· Fla. 2d DCA· 1960-10-26 ·cited 3×
  Florida appellants purchased an automobile that was subject to a Georgia conditional sales contract. The court upheld a conversion judgment against them, holding that Florida law requires purchasers to take affirmative steps to verify the absence of liens in other states, and tha
• Mignonette R. Zimmer v. Chase Fed. Sav. & Loan Ass'n
  120 So. 2d 653· Fla. 3d DCA· 1960-05-16 ·cited 3×
  Refrigerated Transport Co., Inc. applied for a certificate of public convenience and necessity to operate as a common carrier of specific goods from Quincy to all points in Florida. The commission found that public convenience and necessity required the authority sought.
• Orr v. Dade Developers, Inc.
  138 Fla. 122· Fla.· 1939-05-16 ·cited 3×
  This case involves a dispute over whether judgment liens recorded against a corporation before receivership proceedings commenced retain their priority status after a receiver sells the corporation's assets. The Florida Supreme Court held that the liens remain superior to the cla
• Patel v. Mrs. Julia Daniel
  134 Fla. 503· Fla.· 1938-10-10 ·cited 3×
  The Florida Supreme Court affirmed a foreclosure decree on a chattel mortgage where defendants failed to interpose a meritorious defense. The court clarified that a chattel mortgage securing an initial debt can be validly applied by parol agreement to secure a subsequently create
• A. v. Bailey
  133 Fla. 621· Fla.· 1938-07-27 ·cited 3×
  The Florida Supreme Court affirmed an order striking paragraphs from a bill of complaint seeking to foreclose a municipal tax deed as a lien. The court held that only tax deeds issued on State and County tax sale certificates may be foreclosed as liens under Florida law, and muni
• Lovett v. Peoples First Nat'l Bank of Quitman
  130 Fla. 142· Fla.· 1937-01-20 ·cited 3×
  A widow sought to enforce a mortgage executed by her deceased husband on real property to secure insurance proceeds from a destroyed dwelling. The Florida Supreme Court affirmed the trial court's decision to invalidate the mortgage, holding that it was executed fraudulently to de
• L. Maxcy, Inc. v. James
  117 Fla. 641· Fla.· 1934-12-14 ·cited 3×
  This case concerns the priority of liens between a real estate mortgage and a subsequent chattel mortgage on fruit crops. The Florida Supreme Court affirmed the lower court's decision, prioritizing the real estate mortgage over the chattel mortgage on the fruit.
• Fla. Travertine Corp. v. Staples
  112 Fla. 344· Fla.· 1933-10-17 ·cited 3×
  This case concerns the enforcement of a statutory lien for labor and services performed by an employee as a superintendent for a corporation. The appellate court affirmed the lower court's judgment, finding sufficient evidence to support the lien against the corporation's persona
• W. Coast Builders Supply Co. v. Spears
  96 Fla. 178· Fla.· 1928-07-11 ·cited 3×
  West Coast Builders Supply appeals the dismissal of its complaint seeking to foreclose a material man's lien on two lots. The court holds that when two property owners jointly contract for materials to be used indiscriminately in construction on both lots, the material man acquir
• Ormsbee v. United States
  S.D. Fla.· 1928-01-14 ·cited 3×
  A mortgage lien properly recorded before a federal tax lien is superior to the tax lien, and the mortgaged property may be sold free of the tax lien with proceeds applied first to foreclosure costs and the mortgagee's claim, then to any surplus for the tax lien.
• Adeena Weiss v. Weiss
  Fla. 3d DCA· 2023-10-11 ·cited 2×
  Transfer of stock in a closely held corporation requires documentary evidence sufficient under applicable statutory provisions, and extrinsic evidence of intent alone is insufficient absent such documentation.
• U.S. Bank Nat'l Ass'n v. Grant
  180 So. 3d 1092· Fla. 4th DCA· 2015-12-02 ·cited 2×
  U.S. Bank seeks to foreclose on a property subject to both a mortgage lien and a homeowners association assessment lien. The court holds that the mortgage lien takes priority over the association lien because the declaration of covenants lacks the specific language required by Ho
• Sepulveda v. Westport Recovery Corp.
  145 So. 3d 162· Fla. 3d DCA· 2014-07-09 ·cited 2×
  The Florida District Court of Appeal held that circuit courts have exclusive jurisdiction to determine whether property qualifies for homestead exemption under section 222.10, and that a county court exceeded its jurisdiction by determining that a debtor's claimed homestead did n
• Wells Fargo Bank, N.A. v. Aristo Mortg., LLC
  110 So. 3d 99· Fla. 3d DCA· 2013-03-20 ·cited 2×
  Wells Fargo appeals an order directing disbursement of approximately $176,000 in foreclosure surplus proceeds to Aristo Mortgage, LLC. The trial court granted Aristo's motion without determining the parties' respective priorities to the funds, relying on Aristo's motion that misr
• Picker Fin. Grp. L.L.C. v. Horizon Bank
  293 B.R. 253· M.D. Fla.· 2003-05-12 ·cited 2×
  A lender who fails to review a UCC-1 search showing an intervening lien is not entitled to equitable subrogation, as Florida law, particularly Boley v. Daniel, still considers constructive notice a bar.