DR. H.K. TERRY, APPELLANT,
v.
DANIEL E. ZAFFRAN, APPELLEE
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Dr. H.K. Terry, a mortgagee, appeals a summary judgment quieting title in favor of Daniel E. Zaffran, who obtained a sheriff's deed based on a judgment against Michael A. Taylor. The court reversed, holding that Taylor's conveyance of the land as "trustee" was effective to pass all his interest, making the subsequent judgment lien invalid and the sheriff's deed void.
The court held that the words "as trustee" were merely descriptive of the grantor's person and did not affect the validity or scope of the conveyance. Since Taylor effectively conveyed all his interest before the judgment was entered, the judgment never became a lien on the property, making the sheriff's deed invalid and the mortgagee's lien superior.
[1] The addition of the words "as trustee" to a grantor's name is merely descriptio personae and does not affect the validity of the conveyance or limit the estate conveyed.
[2] In Florida, the words "as trustee" following a grantor's name, without further specification of a trust or beneficiaries, do not charge a subsequent good faith purchaser…
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Join FLexlaw to unlock all legal intelligence“The addition of the words "as trustee" to the name of the grantor Michael A. Taylor was merely "descriptio personae" of the person of the grantor and, as such, did not affect the validity of the conveyance of the interest held by the grantor nor did it limit the estate conveyed.”
Establishes that the trustee designation does not affect the effectiveness of the conveyance or the scope of the estate transferred.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMichael A. Taylor conveyed land to a corporation by deed recorded June 11, 1981, with the grantor identified as "Michael A. Taylor, as trustee." The c…
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COWART, Judge.
Land was conveyed to Michael A. Taylor. The land was conveyed from “Michael A. Taylor, as trustee,” to a grantee corporation by deed recorded June 11, 1981. To secure a loan grantee corporation, as mortgagor, executed a mortgage on said land to appellant, as mortgagee, which mortgage was recorded April 15,1982. On December 20, 1982, appellee secured a judgment against Michael A. Taylor and became the grantee of a sheriff’s deed issued pursuant to a levy on the land to satisfy the judgment. Appellee, as grantee under the sheriff’s deed, filed an action to quiet title against appellant mortgagee and others. The trial court entered final summary judgment in favor of the grantee in the sheriff’s deed, and against the mortgagee, on the basis that Michael A. Taylor held title as an individual, the deed from him “as trustee” was ineffectual to convey title to the corporation, the mortgage from corporation to appellant was invalid and, therefore, Michael A. Taylor held title to which the judgment lien attached.
The addition of the words “as trustee” to the name of the grantor Michael A. Taylor was merely “descriptio personae” of the person of the grantor and, as such, did not affect the validity of the conveyance of the interest held by the grantor nor did it limit the estate conveyed. In Florida today those words alone do not even charge a subsequent good faith purchaser or lender with the duty to inquire as to the rights of undisclosed trust beneficiaries and can be safely disregarded as surplusage.1 Accordingly, Michael A. Taylor having effectively conveyed all of his interest in the land in question prior to the date of the judgment against him, that judgment never became a lien on the land previously owned and conveyed by the judgment debtor. Thus, the sheriff’s deed was invalid and had no effect on the lien interest held by appellant as mortgagee.
The judgment in favor of appellee is reversed and the cause remanded with directions that judgment be entered, as a matter of law, in favor of appellant.
REVERSED and REMANDED.
ORFINGER and SCHWARTZ, JJ., concur. . Even if the conveyance to Michael A. Taylor had described him as trustee, by virtue of section 689.07, Florida Statutes, the result would be the same. See, e.g., Manufacturers’ Leasing, Ltd. v. Florida Development and Attractions, Inc., 330 So. 2d 171 (Fla. 4th DCA 1976).
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ONE Harbor Fin. Ltd. Co. v. Hynes Props., LLC, 884 So. 2d 1039 (Fla. 5th DCA 2004)…ng that Hoffenberg owned each parcel in fee simple absolute. See, e.g., Zosman v. Schiffer, 697 So. 2d 1018 (Fla. 3d DCA 1997) (recognizing language referring to the owners as trustees did not change the nature of the transaction); Terry v. Zaffran, 483 So. 2d 526 (Fla. 5th DCA 1986) (holding that without a declaration of trust being recorded or any beneficiary specifically named, the words “as trustee” in an instrument of conveyance do not encumber or effect a grantee’s individual ownership of real estate);…
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Pride Exploration, Inc. v. Marshall Exploration, Inc., 798 F.2d 864 (5th Cir. 1986)…however, was properly named as the grant- or. The fact that James Latham was erroneously identified as the party transferring the interest on Lexco’s behalf was merely surplusage, and did not affect the validity of the assignment. Terry v. Zaffran, 483 So. 2d 526, 527 (Fla.App.1986). Second, the document failed to recite that Sandoz, the trustee-in-bankruptcy of Latham Exploration Company, was conveying Lexco’s interest in his capacity as Lexco’s program operator.2 Ideally, the signature line should have co…
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- Mfrs'. Leasing, Ltd. v. Fla. Dev. & Attractions, Inc., 330 So. 2d 171 (Fla. 4th DCA 1976)