Mortgage Superior to Code Enforcement Liens

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City of Palm Bay v. Wells Fargo Bank, Case No. 5D09-1810, filed January 21, 2011: City ordinance granting superiority of code enforcement liens over a prior recorded mortgage was found to conflict with s. 695.11, F. S., which preempted ordinance. Summary judgment in favor of mortgagee was affirmed based on Article VIII, Section 2, Florida Constitution, notwithstanding city’s broad home rule powers.


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

Comments

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