Florida District Courts of Appeal, 1995

Household Realty Corp. v. Transamerica Financial Services, Inc.

Household Realty Corp. v. Transamerica Financial Services, Inc.
Florida District Courts of Appeal · Decided May 10, 1995 · Farmer, Gunther, Shahood
655 So. 2d 163; 1995 Fla. App. LEXIS 5024; 1995 WL 270906 (Southern Reporter, Second Series)

Household Realty Corp. v. Transamerica Financial Services, Inc.

Opinion of the Court

FARMER, Judge.

Concluding as we do that there is no evidence to support a finding of the kind of misconduct allowing equitable remedies to supplant the established legal rule of “first in time, first in right,” we reverse the final judgment of foreclosure and remand with instructions to restore Household’s priority as the first mortgage holder and to proceed to foreclose its superior mortgage accordingly.

GUNTHER and SHAHOOD, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.