Priority Of Security Interests

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

• Griffin v. Cont'l Am. Life Ins. Co.
  722 F.2d 671· 11th Cir.· 1984-01-03 ·cited 2×
  Under Georgia law, Article Nine of the UCC applies to contractual rights of set-off, and a perfected security interest has priority over a contractual right of set-off.
• Sterling Nat'l Bank & Tr. Co. OF NEW York v. Southwire Co.
  713 F.2d 684· 11th Cir.· 1983-08-29 ·cited 2×
  A transfer of collateral to satisfy a pre-existing debt is not a sale in the regular course of business and is therefore not authorized under the security agreement, meaning the secured party's interest has priority over the transferee's claim.
• Hardick v. Hill
  403 So. 2d 1125· Fla. 5th DCA· 1981-09-23 ·cited 2×
  In this conversion lawsuit, the Florida Fifth District Court of Appeal affirmed judgment for the defendant boat seller Hill, holding that Hill had a superior right to repossess a Harbor cabin cruiser because his unpaid seller's interest under the UCC predated the appellants' unpe
• Vlaho Bruer v. The Sanford Atl. Nat'l Bank
  247 So. 2d 764· Fla. 4th DCA· 1971-05-14 ·cited 2×
  An indorser subrogated to a secured party's rights under UCC section 9-504(5) is not equitably estopped from asserting those rights absent proof that the prior secured party's delay in filing its financing statement was induced by reliance on conduct or omission of the indorser o
• HSBC Bank USA, N.A. v. Perez
  165 So. 3d 696· Fla. 4th DCA· 2015-05-06 ·cited 1×
  Two banks held nearly identical promissory notes for the same mortgage loan due to a fraudulent scheme. HSBC Bank and LaSalle Bank both sought to foreclose. The court held that the Uniform Commercial Code (Article 9), not Florida's mortgage recording statute, governs priority bet
• Rayfield Inv. Co. v. Kreps
  35 So. 3d 63· Fla. 4th DCA· 2010-05-05 ·cited 1×
  Rayfield Investment Company, a lender with a perfected security interest in a gallery's inventory, sued to foreclose after the gallery defaulted. A consignor intervened claiming a painting he placed on consignment, but the Florida appellate court reversed the trial court's judgme
• Homes v. Founders Inv. Corp.
  238 So. 2d 116· Fla. 1st DCA· 1970-07-28 ·cited 1×
  Taylor Mobile Homes challenges Founders Investment Corporation's security interest in four new mobile homes that Taylor placed with a mobile home dealer for display and sale. The court certified a question regarding whether Taylor must comply with Uniform Commercial Code notice r
• Sunz Ins. Co. v. U.S. Treas. Dep't
  11th Cir.· 2025-01-08
  The Eleventh Circuit held that the BP claim was a commercial tort claim when the IRS filed its tax lien, giving the IRS priority.
• First Bank OF Immokalee v. Rogers NK Seed Co.
  637 So. 2d 11· Fla. 2d DCA· 1994-05-06
  A security interest in stock is perfected when a financial intermediary receives written notification of the secured party's interest, regardless of the intermediary's response.
• Blazer Fin. Servs., Inc. v. Harbor Fed. Sav. & Loan Ass'n
  623 So. 2d 580· Fla. 4th DCA· 1993-08-25
  Blazer Financial Services purchased chattel paper (accounts receivable) from Dubose Jewelry that were subject to Harbor Federal's security interest. The trial court found Blazer had priority under Florida Statute 679.308 but limited Blazer's protection to the amount of new value
• Junior Money Bags, Ltd. v. Moey Segal
  970 F.2d 1· 5th Cir.· 1992-08-17
  Segal, as assignee of a chattel mortgage, has priority ownership of the gondola tower and can remove it without being obligated to remove the foundations under the lease or La. Civ. Code art. 493.
• Chrysler Credit Corp. v. Knebel Chevrolet-Buick
  976 F.2d 1012· 7th Cir.· 1992-08-04
  The court held that Chrysler Credit had the superior perfected security interest in eighteen used cars, and that the Bank was likely overpaid on its mortgage and loan, requiring further determination.
• Chase Bank OF Fla., N.A. v. Muscarella
  582 So. 2d 1196· Fla. 2d DCA· 1991-06-07
  Chase Bank appeals a summary judgment finding that the Muscarellas' later security interest in a debtor's limited partnership interest had priority over Chase Bank's earlier interest. The court reversed, holding that Chase Bank's financing statement adequately described the colla
• Leasing Serv. Corp. v. Hobbs Equip. Co.
  894 F.2d 1287· 11th Cir.· 1990-02-20
  A financing statement's description of collateral is sufficient if it provides notice to third parties, and a party who pays proceeds based on a mistaken belief of lien priority is entitled to restitution.
• In re C.M. Turtur Invs., Inc. v. C.M. Turtur Invs., Inc.
  883 F.2d 35· 5th Cir.· 1989-09-14
  A bank's statutory security interest in deposited items does not extend to accompanying certificates of title and manufacturer's statements of origin because they are not 'documents of title' as defined by the UCC, lacking the required bailee status.
• MNC Commercial Corp. v. Joseph T. Ryerson & SON
  882 F.2d 615· 2d Cir.· 1989-07-11
  A subsequently arising setoff cannot take priority over a perfected security interest in receivables under New York's Uniform Commercial Code Article 9.
• Blosam Contractors, Inc. v. Luycx
  535 So. 2d 352· Fla. 1st DCA· 1988-12-21
  This case concerns the priority between a prior perfected security interest in a partnership interest and a subsequent charging lien on that same interest.
• Flightcraft, Inc. v. Cont'l Desert Props., Inc.
  848 F.2d 646· 5th Cir.· 1988-07-07
  An out-of-state purchase money security interest, properly perfected under federal law, has priority over a Louisiana artisan's lien, even if the security interest does not meet Louisiana's authentication requirements for chattel mortgages.
• In re Hilyard Drilling Co., Inc. v. Hilyard Drilling Co., Inc.
  840 F.2d 596· 8th Cir.· 1988-03-01
  The court held that NBC's second financing statement did not qualify as a continuation statement, and its original financing statement lapsed, thus losing its priority. Worthen's security interest was therefore first in priority.
• NEW Hampshire Bus. Dev. Corp. v. F.R. Lepage Bakery, Inc.
  832 F.2d 7· 1st Cir.· 1987-11-02
  A junior secured creditor who collects accounts receivable from a defaulting debtor must account to the senior secured creditor for those collections, up to the amount of the senior creditor's secured interest.
• Hayes Leasing Sys., Inc. v. The ICE House, Inc.
  506 So. 2d 1073· Fla. 2d DCA· 1987-04-10
  The court held that there was no sale of equipment from the Ice House to Hayes, and therefore no warranty of title could have been breached.
• Konas v. Coastal Lumber Co.
  496 So. 2d 868· Fla. 1st DCA· 1986-10-13
  Konas, a second mortgagee, appeals summary judgment favoring Coastal Lumber Company in a dispute over standing timber on mortgaged property. The court reverses, holding that an oral, unrecorded timber sale agreement is inferior to a subsequently-recorded mortgage because the sell
• In re SAN Juan Packers, Inc. v. SAN Juan Packers, Inc.
  696 F.2d 707· 9th Cir.· 1983-01-12
  The court held that the bank's security interest in the farmers' vegetables continued as 'proceeds' even after the food processor commingled them with other vegetables, and that the manufacturer was entitled to a ratable share of the commingled mass under UCC § 9-315(2).
• Credit Alliance Corp. v. Jebco Coal Co., Inc.
  688 F.2d 10· 3d Cir.· 1982-08-31
  A filed financing statement, even without an express provision for future advances, perfects a security interest for those future advances as long as the statement itself remains perfected.
• United States v. Cahall Bros.
  674 F.2d 578· 6th Cir.· 1982-04-06
  The court held that the case must be remanded to determine when the FHA gave value for its security interest and to reassess the reasonableness of repossession expenses due to insufficient factual basis.
• Citizens & S. Factors, Inc. v. The Small Bus. Admin.
  593 F.2d 709· 5th Cir.· 1979-04-23
  The court certified questions of Alabama law regarding priority of security interests in returned goods under the Uniform Commercial Code.
• First Nat'l Bank & Tr. v. First Nat'l Bank OF Greybull
  582 F.2d 524· 10th Cir.· 1978-07-10
  A creditor's improperly filed financing statement is not effective against a senior creditor who later properly files, even if the senior creditor gains knowledge of the junior creditor's improper filing.
• James Talcott, Inc. v. Assocs. Cap. Co., Inc.
  491 F.2d 879· 6th Cir.· 1974-02-14
  A purchase money security interest is not perfected within the ten-day grace period if the debtor possessed the collateral as a debtor before the security agreement was executed, even if the agreement is retroactively dated.
• Witmer v. Kleppe
  469 F.2d 1245· 4th Cir.· 1972-12-07
  A contract for the sale of equipment, where title is retained until full payment, creates a security interest under UCC Article 9, even if termed a lease with rent payments.
• Universal C.I.T. Credit Corp. v. ST. Augustine Nat'l Bank
  12 Fla. Supp. 15· Duval Cty. Cir. Ct.· 1957-12-20
  A finance company with a prior security interest in automobiles under Florida's Uniform Trust Receipts Law prevailed over a bank that subsequently took chattel mortgages on the same vehicles. The court held that the finance company's trust receipt security interest was superior t
• Hutt v. Caribbean Sportswear, Inc.
  64 So. 2d 682· Fla.· 1953-04-24
  Irving Hutt, who had guaranteed merchandise purchases and retained title to raw materials being converted into finished garments, sought priority over a competing secured interest held by Ace Discount Co., which had purchased Caribbean Sportswear's accounts receivable under Flori