FIRST NLC FINANCIAL SERVICES, LLC., APPELLANT,
v.
JOSE A. ALTAMIRANO AND KINA ALTAMIRANO, APPELLEES

Fla. 3d DCA | 2003-04-02
No. 3D02-2668
Before SCHWARTZ, C.J., SHEVIN and WELLS, JJ.
847 So. 2d 516 Florida District Court of Appeal, Third District (2003) Positive Treatment
Cited by 2 cases
Topics
Windfall Equitable Lien Unjust Enrichment

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Opinion of the Court
PER CURIAM.

PER CURIAM.

First NLC Financial Services, LLC., appeals a final summary judgment in favor of second-mortgagees Jose and Kina Altami-rano in First NLC’s action to establish and foreclose on an equitable lien. We reverse.

We agree with First NLC that it has adequately asserted its entitlement to an equitable lien. First NLC argued that imposition of an equitable lien was appropriate to the extent that its funds were used to satisfy the first mortgage and property tax hen on the property. Courts have not hesitated to impose equitable hens where equity deems it proper. Palm Beach Sav. & Loan Ass’n, F.S.A. v. Fishbein, 619 So. 2d 267, 270 (Fla.1993). In this case, the equitable hen can be imposed to prevent unjust enrichment because First NLC paid off a debt that would otherwise have to be paid on the property. Fishbein, 619 So. 2d at 271 n. 3; Radison Props., Inc. v. Flamingo Groves, Inc., 767 So. 2d 587 (Fla. 4th DCA 2000). Any other holding would grant the Altamiranos a windfall to which they are not entitled.

Reversed.

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Citator

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  • The Royal Admin., Inc. v. Hannover Life Reassurance Co. OF Am., 848 So. 2d 1244 (Fla. 3d DCA 2003)
    …9 (7th Cir.1999); Spring Constr. Co. v. Harris, 614 F. 2d 374 (4th Cir.1980); Amalgamated Casualty Ins. Co. v. Winslow, 135 F. 2d 663 (D.C.Cir.1943); Federal Land Bank v. Godwin, 107 Fla. 537, 145 So. 883 (1933); First NLC Fin. Servs. v. Altamirano, 847 So. 2d 516 (Fla. 3d DCA 2003); Suntrust Bank v. Riverside Nat’l Bank, 792 So. 2d 1222 (Fla. 4th DCA 2001), review denied, 821 So. 2d 300 (Fla.2002); Wolf v. Spariosu, 706 So. 2d 881 (Fla. 3d DCA 1998), dismissed (Fla.1998); In re Forfeiture of United States Cu…

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