Consolidated Dominion Enterprises, Inc. v. New Century Bank
Consolidated Dominion Enterprises, Inc. v. New Century Bank
Opinion of the Court
This appeal follows the entry of final judgment in favor of New Century Bank. The trial court found that New Century Bank’s judgment and execution liens, were prior to and superior to the second mortgage held by Consolidated Dominion Enterprises, Inc., [Consolidated]. The trial court denied Consolidated’s complaint for foreclosure and granted New Century Bank’s petition to quiet title. We reverse.
On April 12, 1978, Richard and Barbara Atherton [the Athertons] purchased the
On January 16, 1985, New Century Bank obtained a judgment against the Athertons in the amount of $98,112.44, representing unpaid personal loans. On January 22, 1985, New Century Bank recorded its judgment. New Century Bank did not record the execution lien until February 7, 1985, and did not record the certified judgment until February 13, 1985.
On January 30, 1985, the Athertons and Barbara Atherton, as attorney in fact for Kelly Gale Atherton,
On February 26, 1985, New Century Bank sought to set aside the conveyance of October 28, 1982, to Kelly Gale Atherton. Consolidated purchased, and Kenneth W. Martin assigned, the second mortgage on August 15, 1985. Consolidated filed its foreclosure action on October 23, 1985.
On June 12, 1986, New Century Bank obtained a final judgment setting aside the conveyance of October 28,1982, and caused the subject property to be sold at sheriffs sale for $85,000.00, which was credited against its judgment. On December 22, 1986, New Century Bank recorded its sheriffs deed. On May 18, 1987, New Century Bank instituted a quiet title action against the Athertons and Consolidated. The Ath-ertons defaulted. Final judgment was entered granting New Century Bank’s petition. Consolidated appeals.
Although the conveyance from the Ath-ertons to their daughter was subsequently set aside as fraudulent,
Reversed and remanded.
. The validity and priority of the first mortgage to First Federal Savings and Loan Association of the Florida Keys are not issues in this appeal.
. No power of attorney was ever filed.
.The judgment obtained by New Century Bank, which set aside as fraudulent the conveyance by the Athertons to their daughter, was rendered in a separate action and is not the subject of this appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.