First NLC Financial Services, LLC. v. Altamirano

District Court of Appeal of Florida

First NLC Financial Services, LLC. v. Altamirano

847 So. 2d 516, 2003 Fla. App. LEXIS 4416, 2003 WL 1723331

CourtDistrict Court of Appeal of Florida

DecidedApril 2, 2003

DocketNo. 3D02-2668

StatusPublished

Cited by2 cases

This text of 847 So. 2d 516 (First NLC Financial Services, LLC. v. Altamirano) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First NLC Financial Services, LLC. v. Altamirano, 847 So. 2d 516, 2003 Fla. App. LEXIS 4416, 2003 WL 1723331 (Fla. Ct. App. 2003).

Pincite

Opinion

PER CURIAM.

First NLC Financial Services, LLC., appeals a final summary judgment in favor of second-mortgagees Jose and Kina Altami-rano in First NLC’s action to establish and foreclose on an equitable lien. We reverse.

We agree with First NLC that it has adequately asserted its entitlement to an equitable lien. First NLC argued that imposition of an equitable lien was appropriate to the extent that its funds were used to satisfy the first mortgage and property tax hen on the property. Courts have not hesitated to impose equitable hens where equity deems it proper. Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So.2d 267, 270 (Fla.1993). In this case, the equitable hen can be imposed to prevent unjust enrichment because First NLC paid off a debt that would otherwise have to be paid on the property. Fishbein, 619 So.2d at 271 n. 3; Radison Props., Inc. v. Flamingo Groves, Inc., 767 So.2d 587 (Fla. 4th DCA 2000). Any other holding would grant the Altamiranos a windfall to which they are not entitled.

Reversed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

First NLC Financial Services, LLC., appeals a final summary judgment in favor of second-mortgagees Jose and Kina Altami-rano in First NLC’s action to establish and foreclose on an equitable lien. We reverse.

We agree with First NLC that it has adequately asserted its entitlement to an equitable lien. First NLC argued that imposition of an equitable lien was appropriate to the extent that its funds were used to satisfy the first mortgage and property tax hen on the property. Courts have not hesitated to impose equitable hens where equity deems it proper. Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So.2d 267, 270 (Fla.1993). In this case, the equitable hen can be imposed to prevent unjust enrichment because First NLC paid off a debt that would otherwise have to be paid on the property. Fishbein, 619 So.2d at 271 n. 3; Radison Props., Inc. v. Flamingo Groves, Inc., 767 So.2d 587 (Fla. 4th DCA 2000). Any other holding would grant the Altamiranos a windfall to which they are not entitled.

Reversed.

Cite This Page — Counsel Stack

Bluebook (online)

847 So. 2d 516, 2003 Fla. App. LEXIS 4416, 2003 WL 1723331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nlc-financial-services-llc-v-altamirano-fladistctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack