Mortgage Superior to Code Enforcement Liens
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 www.trentcotney.com