J.H. Dowling, Inc. v. First Federal Savings & Loan Ass'n

District Court of Appeal of Florida

J.H. Dowling, Inc. v. First Federal Savings & Loan Ass'n

502 So. 2d 1306, 12 Fla. L. Weekly 593, 1987 Fla. App. LEXIS 6905

CourtDistrict Court of Appeal of Florida

DecidedFebruary 23, 1987

DocketNo. BG-379

StatusPublished

This text of 502 So. 2d 1306 (J.H. Dowling, Inc. v. First Federal Savings & Loan Ass'n) 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.

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J.H. Dowling, Inc. v. First Federal Savings & Loan Ass'n, 502 So. 2d 1306, 12 Fla. L. Weekly 593, 1987 Fla. App. LEXIS 6905 (Fla. Ct. App. 1987).

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Opinion

BARFIELD, Judge.

The question presented to the court is the effectiveness of an after-acquired property clause in a mortgage in bringing within the foreclosed property certain adjoining property owned by the mortgagor but not described in the mortgage.

In this case, appellant, a judgment creditor, had actual notice of the documents containing the after-acquired property clause as he was party to the foreclosure proceeding. Because appellant had actual notice, the order of the trial court in confirming title in appellee is AFFIRMED.

SMITH and JOANOS, JJ., concur.

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BARFIELD, Judge.

The question presented to the court is the effectiveness of an after-acquired property clause in a mortgage in bringing within the foreclosed property certain adjoining property owned by the mortgagor but not described in the mortgage.

In this case, appellant, a judgment creditor, had actual notice of the documents containing the after-acquired property clause as he was party to the foreclosure proceeding. Because appellant had actual notice, the order of the trial court in confirming title in appellee is AFFIRMED.

SMITH and JOANOS, JJ., concur.

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502 So. 2d 1306, 12 Fla. L. Weekly 593, 1987 Fla. App. LEXIS 6905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jh-dowling-inc-v-first-federal-savings-loan-assn-fladistctapp-1987.