AMERICAN TITLE INSURANCE COMPANY, AS SUBROGEE OF NICHOLAS GOMEZ AND LINDA GOMEZ, HIS WIFE, APPELLANT,
v.
HELEN COAKLEY, APPELLEE
PER CURIAM.
Mrs. Coakley conveyed her home to the Gomezes in 1977. The abstract of title failed to disclose the existence of an Internal Revenue Service lien against Mrs. Coak-ley. The title insurance company that insured the Gomezes paid the lien; and, as subrogee of the Gomezes, instituted this action against Mrs. Coakley for breach of the covenant against encumbrances. On this uncontradicted record, the trial judge nonetheless issued final judgment in favor of the defendant. We reverse.
Pursuant to the warranty deed, the grantor covenants that the land is free and clear of encumbrances, § 689.03, Fla. Stat. (1977), including a lien for taxes. Howard Cole & Co. v. Whidden, 77 Fla. 842, 82 So. 297 (1919). Any breach thereof entitles the grantee, his assignee or subrogee to recover the amount paid to remove the lien on the property, with interest.
Accordingly, we reverse and remand with directions to enter judgment for the plaintiff.
Reversed and remanded.
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Hornstein v. Guar. Ins. Co., 471 So. 2d 108 (Fla. 3d DCA 1985)…, 456 (Okla.1977). Our decision here today does not break new ground in this state. This court has previously held that a title insurance company could recover against a seller in an identical situation. See American Title Insurance Co. v. Coakley, 419 So. 2d 816 (Fla. 3d DCA 1982). In Coakley, we held that any breach of the grantor’s covenant that the land is free and clear of encumbrances, including tax liens, “entitles the grantee, his assignee or subrogee to recover the amount paid to remove the lien on…
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In re ST. Laurent v. Ambrose, 991 F.2d 672 (11th Cir. 1993)…obtain releases from the mortgage held by First Federal. This figure constituted the Owners' damages under either theory of recovery. Id.; Needle v. Lowenberg, 421 So. 2d 678, 680 (Fla.Dist.Ct.App.1982); see also American Title Ins. Co. v. Coakley, 419 So. 2d 816, 817 (Fla.Dist.Ct.App.1982) (holding that a breach of a warranty deed entitles grantor to recover amount paid to remove encumbrance). . See abo In re Scheuer, 125 B.R. 584 (Bankr.C.D.Cal.1991) (holding that bankruptcy court as court of equity has po…
Authorities Cited
- Howard Cole & Co. v. Whidden, 77 Fla. 842 (Fla. 1919)