Priority Of Liens

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

• Gardner v. Guldi
  724 So. 2d 186· Fla. 5th DCA· 1999-01-15 ·cited 2×
  The Gardners, judgment creditors, appealed a foreclosure court's determination that a July 1991 promissory note was a future advance secured by an earlier November 1990 open-ended mortgage, which would give it priority over the Gardners' judgment lien. The court reversed, holding
• Bancflorida v. Hayward
  659 So. 2d 1329· Fla. 3d DCA· 1995-09-06 ·cited 2×
  BancFlorida appealed summary judgments in consolidated foreclosure cases, arguing it held purchase money mortgages with priority over contract purchasers' equitable liens. The Third District Court of Appeal affirmed, holding that while BancFlorida was a purchase money mortgagee,
• Emerald Designs, Inc. v. Citibank F.S.B.
  626 So. 2d 1084· Fla. 4th DCA· 1993-11-17 ·cited 2×
  Emerald Designs, a landscape subcontractor, sought an equitable lien against undisbursed construction loan funds held by Citibank after the lender foreclosed on completed homes. The court reversed the trial court's dismissal, holding that a subcontractor need not allege fraud or
• Cent. Bank of Tampa v. United States
  838 F. Supp. 564· M.D. Fla.· 1993-11-16 ·cited 2×
  The court denied the plaintiff's request for attorney's fees and costs due to the priority of a federal tax lien, but granted the plaintiff's request for dismissal from the action upon deposit of the disputed funds.
• Udell v. Barnett Bank OF S. Fla., N.A.
  602 So. 2d 624· Fla. 4th DCA· 1992-07-08 ·cited 2×
  A creditor does not have a duty to supervise an independent bankruptcy trustee or to prevent mismanagement of collateral not in its possession or control.
• McDERMOTT v. Zions First Nat'l Bank, N.A.
  945 F.2d 1475· 10th Cir.· 1991-10-02 ·cited 2×
  A perfected and choate judgment lien, even on after-acquired property, takes priority over a federal tax lien if it is established before the federal tax lien notice is filed.
• Universal Title Ins. Co. v. United States
  942 F.2d 1311· 8th Cir.· 1991-08-27 ·cited 2×
  The court held that a title insurer, having failed to discover a properly recorded federal tax lien due to negligence, is not entitled to equitable subrogation under Minnesota law against the government.
• Irenee ROY v. Enter. Bldg. Corp.
  561 So. 2d 341· Fla. 2d DCA· 1990-04-20 ·cited 2×
  Roy, who recorded a first mortgage on property owned by a condominium developer, appealed from summary judgments favoring Enterprise, a general contractor with a mechanic's lien, in both Enterprise's lien foreclosure action and Roy's counterclaim for mortgage foreclosure. The cou
• Cindylou A. Yardas (Wilson) v. United States
  899 F.2d 550· 6th Cir.· 1990-04-03 ·cited 2×
  A judgment creditor's garnishment notice served on the District Court Clerk was effective to establish a claim superior to a later IRS tax lien, even though the property was physically held by the Marshal.
• Hazen First State Bank v. Speight
  888 F.2d 574· 8th Cir.· 1989-11-01 ·cited 2×
  The court held that the automatic stay under 11 U.S.C. § 362(a) does not toll the expiration date of a contractual subordination agreement between creditors, and 11 U.S.C. § 108(c) does not extend such contractual expiration dates.
• In re Teerlink Ranch Ltd. v. Lambert
  886 F.2d 1233· 9th Cir.· 1989-10-06 ·cited 2×
  A debtor in possession exercising rights under 11 U.S.C. § 544(a) cannot use those powers to avoid its own pre-bankruptcy debts by obtaining an assignment of a debt it paid. The bankruptcy court's order approving a settlement did not collaterally estop a party from later seeking
• Green Hill Corp. v. KIM
  842 F.2d 742· 4th Cir.· 1988-03-30 ·cited 2×
  Filing a lis pendens and obtaining a money judgment does not create a lien under Virginia law sufficient to warrant relief from an automatic bankruptcy stay.
• In re Porto RICO Iron Works, Inc. v. United States
  835 F.2d 385· 1st Cir.· 1987-12-16 ·cited 2×
  The court held that the Banks' real estate mortgage expressly extended to the debtor's machinery and equipment, entitling them to the sale proceeds.
• McCURRY v. Eppolito
  506 So. 2d 1110· Fla. 1st DCA· 1987-05-06 ·cited 2×
  Attorney McCurry was found liable for legal malpractice when he failed to advise his clients, the Eppolitos, to comply with Florida's Mechanics' Lien Law procedures upon recommencing construction after terminating their general contractor. The Eppolitos incurred over $50,000 in m
• United States v. Pac. FAR E. Lines, Inc.
  809 F.2d 1435· 9th Cir.· 1987-02-12 ·cited 2×
  The court held that the Association's claims for loss of pay and benefits by shoreside employees do not constitute maritime liens and therefore cannot subordinate the United States' preferred ship's mortgage.
• Compass Ins. Co. v. H.P. Moore
  806 F.2d 796· 8th Cir.· 1986-12-04 ·cited 2×
  A judgment lien cannot attach to personal property that the judgment debtor no longer owns or possesses at the time the lien is sought.
• In re Pentell v. Pentell
  777 F.2d 1281· 7th Cir.· 1985-11-27 ·cited 2×
  The bankruptcy court lacked jurisdiction over the insurance proceeds because the record did not establish they were part of the debtor's individual estate.
• Avondale Shipyards, Inc. v. Tank Barge ETS 2303
  754 F.2d 1300· 5th Cir.· 1985-03-15 ·cited 2×
  A renewal mortgage can take priority over intervening maritime liens even if a new mortgagor assumes the original indebtedness, provided the parties intended to renew the lien and intervening lienholders are not prejudiced.
• The Am. Bank OF Merritt Island v. Con's Cycle Ctr., Inc.
  466 So. 2d 255· Fla. 5th DCA· 1985-02-07 ·cited 2×
• Cable Atlanta, Inc. v. Project, Inc.
  749 F.2d 626· 11th Cir.· 1984-12-26 ·cited 2×
  The Equal Access to Justice Act does not override the Internal Revenue Code's prohibition against awarding attorney's fees from a fund subject to a federal tax lien.
• The Shawnee State Bank v. United States
  735 F.2d 308· 8th Cir.· 1984-05-29 ·cited 2×
  The court held that a private lender's lien priority under 26 U.S.C. § 6323(c) is limited to 45 days after the filing of a federal tax lien, and subsequent after-acquired property belongs to the federal tax lienholder.
• United States v. Century Fed. Sav. & Loan Ass'n OF Ormond Beach
  418 So. 2d 1195· Fla. 5th DCA· 1982-09-01 ·cited 2×
  The United States, holding a valid second mortgage through the SBA, appealed a trial court order denying it any participation in excess foreclosure proceeds and awarding those proceeds to third and fourth mortgagees instead. The appellate court reversed, holding that the second m
• CIM Int'l v. United States
  641 F.2d 671· 9th Cir.· 1980-12-22 ·cited 2×
  The court held that an unrecorded security interest in an aircraft is not automatically invalid, and a subrogee may be entitled to the assignor's recorded interest, reversing summary judgment for the government.
• In re Mission Marine Assocs., Inc.
  633 F.2d 678· 3d Cir.· 1980-10-30 ·cited 2×
  The court held that a New Jersey statutory lien for materials furnished for vessel construction is invalid against a debtor in bankruptcy if it would be invalid against a bona fide purchaser under New Jersey law.
• Manatee Fed. Sav. & Loan Ass'n v. Pace
  378 So. 2d 95· Fla. 2d DCA· 1979-12-28 ·cited 2×
  Manatee Federal Savings and Loan sought to foreclose a mortgage against property that was subject to an earlier agreement not to encumber executed by the original owners with Palmer Bank. The trial court granted summary judgment in Palmer's favor, finding the no-encumbrance agree
• First Nat'l Commerce & Fin. Co. v. The Ind. Nat'l Bank
  360 So. 2d 791· Fla. 3d DCA· 1978-07-05 ·cited 2×
  First National Commerce and Finance Company purchased an aircraft at a mechanic's lien sale without notifying Indiana National Bank, which held a federally recorded security interest in the aircraft. The court held that while the mechanic's lien sale is valid and the purchaser ta
• Freedom Fed. Sav. & Loan Ass'n v. Yakle Lumber Yard
  343 So. 2d 113· Fla. 2d DCA· 1977-03-11 ·cited 2×
  Freedom Federal Savings and Loan Association appeals from a summary judgment establishing mechanics' lien priority over its mortgage. The court reversed, holding that the trial court improperly excluded a timely affidavit, misallocated the burden of proof on the summary judgment
• Sec. Life Ins. Co. OF Ga. v. Saranell M. Travis
  340 So. 2d 529· Fla. 1st DCA· 1976-12-16 ·cited 2×
  The court held that the materialmen's liens were not superior to the recorded mortgage because the mortgage was recorded before construction began and the loan agreement was executed before materials were furnished.
• Dykema v. Trans State Indus., Inc.
  303 So. 2d 52· Fla. 2d DCA· 1974-11-13 ·cited 2×
  Architect Dykema filed a statutory lien claim against property after not being paid for design services, but failed to file suit within the 60-day period required by Florida law. When he later sought equitable relief, the trial court properly struck his equitable lien claim becau
• Ipec, Inc. v. Int'l Printing Mach. Corp.
  251 So. 2d 911· Fla. 3d DCA· 1971-08-31 ·cited 2×
  A carrier's lien for moving charges is superior to a prior recorded conditional sales contract lien when the sale complies with statutory notice requirements, but a subsequent purchaser from the carrier takes subject to the prior lien if the carrier's sale was improper or the pur
• Bankers Life & Cas. Co. v. Carol City Utils., Inc.
  216 So. 2d 808· Fla. 3d DCA· 1968-12-11 ·cited 2×
  Bankers Life and Casualty Company challenged a trial court decree that rejected its claim to foreclose on deeds to property in Carol City, Florida, holding instead that the parties had formed a joint venture rather than a creditor-debtor relationship. The court affirmed, finding
• Crane v. Danning
  397 F.2d 781· 9th Cir.· 1968-07-08 ·cited 2×
  The court held that the non-assigning investors were not entitled to a priority claim over the trustee, as merger of the security interest did not occur.
• Bond-Howell Lumber Co. v. First Nat'l Bank OF EAU Gallie
  200 So. 2d 555· Fla. 4th DCA· 1967-06-29 ·cited 2×
  The court held that a previously recorded mortgage has priority over a judgment that was not yet recorded at the time the mortgage was executed and recorded.
• Mitford v. Bankruptcy
  353 F.2d 550· 9th Cir.· 1965-10-29 ·cited 2×
  The court held that a mechanic's lien was timely filed and that a trust deed was not subject to a subordination agreement procured by fraud, affirming the lower court's judgment.
• Maxwell v. State OF Cal.
  341 F.2d 235· 9th Cir.· 1965-02-08 ·cited 2×
  A state tax lien can attach to funds held in custodia legis, and California's statutory lien provisions do not violate the Due Process Clause.
• United States v. Fahrenkamp
  312 F.2d 627· 8th Cir.· 1963-02-01 ·cited 2×
  A chattel mortgage's 'dragnet' clause does not extend to after-acquired property, like loaders, unless the parties clearly intended it and the property is of the same class and related to the primary debt.
• Mfrs. & Traders Tr. Co. v. First Nat'l Bank IN Fort Lauderdale
  113 So. 2d 869· Fla. 2d DCA· 1959-07-22 ·cited 2×
  Manufacturers and Traders Trust Company appeals a foreclosure decree, arguing that First National Bank's second mortgage lacked consideration and was subordinate to its earlier judgment lien. The court affirmed, holding that the bank's acceptance of a renewal note with a definite
• United States v. Floy Mays
  264 F.2d 317· 10th Cir.· 1959-03-05 ·cited 2×
  The court held that the storage facilities, classified as real property under Colorado law for tax purposes, were subject to ad valorem taxation, and the resulting tax lien had priority over the federal agency's mortgage lien.
• Gray v. L. M. Penzi Tile Co., Inc.
  107 So. 2d 621· Fla. 3d DCA· 1958-12-18 ·cited 2×
  Gray purchased property subject to an executory contract with the owner Temco Builders, took title by deed on December 10, 1956, and appealed a decree awarding construction liens to materialmen filed after Gray obtained title. The court reversed, holding that the liens filed more
• Stockdale v. Olson
  261 F.2d 191· 8th Cir.· 1958-11-18 ·cited 2×
  The court held that a chattel mortgage on future crops attaches only to the mortgagor's interest, and here, the landlord's modified agreement for crop sharing meant the tenants had no interest in the disputed corn when the mortgage was executed.
• Mercantile Tr. Co. v. Kahn
  203 F.2d 449· 8th Cir.· 1953-04-23 ·cited 2×
  A chattel mortgage is void against intervening creditors and the bankruptcy trustee if not recorded within a reasonable time under state law.
• Reconstr. Fin. Corp. v. Kern-Limerick, Inc.
  192 F.2d 978· 8th Cir.· 1951-12-12 ·cited 2×
  The court held that the mechanic's lien filed by appellee was prior and superior to the mortgage lien of the appellant because the appellee had a valid statutory lien before the mortgage was executed and the appellant had sufficient notice of the appellee's claim.
• Freeman Furniture Factories, Inc. v. Bowlds
  136 F.2d 136· 6th Cir.· 1943-04-23 ·cited 2×
  A bankruptcy court can sell assets free and clear of liens, and a state court judgment, even if based on questionable grounds, is binding if the bankruptcy trustee fails to contest it in state court.
• Zumwalt v. Goodwin
  133 F.2d 984· 10th Cir.· 1943-01-19 ·cited 2×
  The court held that an agreement to grant a second mortgage does not constitute notice of a vendor's lien for unpaid purchase price, and a bona fide mortgagee without notice of such lien takes priority.
• In re von Kozlow Realty Co. McCrory Stores Corp. v. Zeiger
  116 F.2d 673· 6th Cir.· 1941-01-07 ·cited 2×
  The court held that an appeal from an order allowing compensation in a corporate reorganization proceeding requires leave from the Circuit Court of Appeals under Section 250 of the Chandler Act.
• Island Holding Co. of Fla. v. Hayden Johnson
  138 Fla. 294· Fla.· 1939-05-23 ·cited 2×
  Island Holding Company acquired a negotiable note secured by a mortgage on Dade County lands and sought to foreclose with priority over other note holders. The Florida Supreme Court held that when a note is transferred, the transferee receives priority payment regardless of matur
• Rathburn v. Landess
  100 Fla. 507· Fla.· 1930-08-02 ·cited 2×
  Rufus Rathburn sought to foreclose a $2,300 mortgage on Lot 8 in Largo Heights subdivision. Clearwater Builders Supply Company claimed a mechanic's lien for $2,000 in building materials furnished under a single contract covering two adjacent lots (Lots 7 and 8). The Florida Supre
• Adolph Ullman and L. S Heilbron v. Lockhart
  51 Fla. 602· Fla.· 1906-01-01 ·cited 2×
  Lockhart sought to foreclose a mortgage he claimed to have purchased from M. J. Terrell, who held a mortgage from C. P. McGrath. The lower court found the mortgage fraudulent but still granted Lockhart priority over certain judgment creditors, relying on those creditors' claims o
• Austin v. Hoxsie
  44 Fla. 199· Fla.· 1902-01-01 ·cited 2×
  The court reversed a lower court's decision to dismiss a foreclosure case based on res judicata. The appellate court found that the prior foreclosure decree did not bind the current complainant because he was not a party to that suit, nor was his assignor properly represented reg
• Wilson v. Hayward
  2 Fla. 27· Fla.· 1848-01-01 ·cited 2×
  A Florida Supreme Court decision addressing the proper forum and procedures for foreclosing on mortgages when multiple secured notes exist and prior foreclosure judgments have already been entered. The Court held that such cases with competing interests must proceed in equity cou