ORIX FINANCIAL SERVICES, INC., F/K/A ORIX CREDIT ALLIANCE, INC., APPELLANT,
v.
DONALD D. MACLEOD AND KIM MACLEOD, HIS WIFE, ANY UNKNOWN TENANTS AT THE PROPERTY LOCATED AT 198 AVENUE, OLD TOWN, FLORIDA, PARCEL IDENTIFICATION NUMBER 12-09-13-000-4013-0100, APPELLEES
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The court held that a creditor's lien is properly recorded when the clerk's office officially records it, regardless of subsequent indexing errors.
Appellant recorded a judgment lien on property acquired by appellees. When appellant sought to foreclose, the trial court granted summary judgment for…
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PER CURIAM.
Appellant, Orix Financial Services, Inc., recorded a judgment lien on certain real property in Dixie County, since acquired by appellees Donald and Kim MacLeod. When appellant sought to foreclose its judgment lien, the trial court entered final summary judgment in favor of appellees. We must reverse.
In Anderson v. North Florida Production Credit Ass’n, 642 So. 2d 88 (Fla. 1st DCA 1994), this court resolved the situation presented by a creditor’s proper re-cordation of a lien followed by improper or erroneous indexing by the clerk of the circuit court. The trial court here erred by failing to follow Anderson.
We adhere to the reasoning of the Anderson court. In Anderson, this court viewed the dictates of section 695.11, Florida Statutes, as unambiguous. See also Fed. Land Bank of Columbia v. Dekle, 108 Fla. 555, 148 So. 756 (1933). The statute provides that official recordation occurs at such time as the office of the clerk of the circuit court affixes to an instrument the official register numbers required by law “and at such time shall be notice to all persons.” § 695.11, Fla. Stat. (1995). As in First American Title Insurance Co. of St. Lucie County, Inc. v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992), appellees’ remedy, if any, will lie against the title insurer or abstractor or against the clerk of the circuit court itself, which can make no claim of sovereign immunity.
REVERSED and REMANDED for entry of judgment in favor of appellant.
KAHN, WEBSTER, and ROBERTS, JJ., concur.
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Argent Mortg. Co., LLC v. Wachovia Bank N.A., 52 So. 3d 796 (Fla. 5th DCA 2010)…such, and the cases cited to us by appellants do not alter the plain language of th[e] statute which provides that ‘[t]he sequence of such official numbers shall determine the priority of recordation.’ ”); see also Orix Fin. Servs., Inc. v. MacLeod, 977 So. 2d 658, 658 (Fla. 1st DCA 2008). Wachovia relies on an earlier opinion of this Court, Rice v. Greene, 941 So. 2d 1230 (Fla. 5th DCA 2006), in support of its contention that Florida has a race-notice type of recording statute. In Rice, this Court quoted se…
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Turnberry Invs., Inc. v. Streatfield, 48 So. 3d 180 (Fla. 3d DCA 2010)…title insurer sought indemnity from the clerk of the court for failing to properly index a document observing that the law requiring proper indexing imposed a special duty owed to the individual at risk); see also Orix Fin. Servs., Inc. v. MacLeod, 977 So. 2d 658 (Fla. 1st DCA 2008) ("[A]ppellees' remedy, if any, will lie against the title insurer or abstractor or against the clerk of the circuit court itself, which can make no claim of sovereign immunity[.]").…
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Mayfield v. First City Bank OF Fla., 95 So. 3d 398 (Fla. 1st DCA 2012)…ection 695.11 provided the sequence of official numbers determined the priority of recordation. Id. In Orix Financial Services, Inc. v. MacLeod, Orix recorded a judgment lien on real property in Dixie County that was later acquired by the MacLeods. 977 So. 2d 658 (Fla. 1st DCA 2008). Orix sought to foreclose on its judgment lien, and the trial court entered summary judgment in favor of the MacLeods. Id. This Court reversed, stating: We adhere to the reasoning of the Anderson court. In Anderson, this court v…
Authorities Cited
- The Fed. Land Bank of Columbia v. Dekle, 108 Fla. 555 (Fla. 1933)
- First Am. Title Ins. Co. OF ST. Lucie Cnty., Inc. v. Dixon, 603 So. 2d 562 (Fla. 4th DCA 1992)
- Anderson v. N. Fla. Prod. Credit Ass'n, 642 So. 2d 88 (Fla. 1st DCA 1994)