THEODORE CERAOLO
v.
MYRON A. SMITH
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When a mortgage note is usurious because the lender reserved a bonus or charged excessive interest, the mortgagor is entitled to a forfeiture of double the bonus and double the interest, which must be deducted from the amount actually loaned.
[1] Under Florida usury statutes, when a mortgage note is usurious due to a reserved bonus or excessive interest, the mortgagor is entitled to forfeit double the amount of th…
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Join FLexlaw to unlock all legal intelligenceSmith loaned Ceraolo $4500.00 on a promissory note for $5000.00 payable in three years at 8% per annum, reserving $500.00 as a bonus and $1000.00 as i…
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In proceedings to enforce a mortgage lien upon real estate given to secure the payment of a negotiable promissory note for $5000.00 payable in three years with interest at 8% per annum, the Chancellor found in effect that under Sections 6936 (4851), 6939 (4852), Compiled General Laws, 1927, the note secured by the mortgage is usurious in that the actual amount loaned was $4500.00, *400$500 having been reserved as a bonus'. Amounts totaling $1000.00 were reserved or paid as interest. The decree com tains the following:
“Amounts actually loaned by Smith to Ceraolo $4500.00
Attorney’s fees'__________________________ 250.00
$4750100
Less double the amount of interest actually paid by the Mortgagor------------------ 2000.00
net amount due $2750.00”
A decree was rendered against the mortgagor for $2700.00. Defendant appealed claiming a larger forfeiture for the usury.
The amounts that under the statute should for the usury be forfeited and deducted from the amount actually loaned are double the $500.00 res'erved by the lender but included in the note, and also double the $1000.00 actually reserved by or paid to the mortgagee as interest, making a total of $3000.00 to be deducted from the $4500.00 actually loaned to and received by the mortgagor. Sherman v. Myers, 108 Fla. 129, 146 So. 213. The opinion in Sherman v. Myers was filed in this Court after the decree herein was rendered in the circuit court.
The amount allowed for attorney fees should have appropriate relation to the amount recoverable.
Revers'ed for appropriate decree.
Davis, C. J., and Whitfield, Ellis, Terrell and Buford, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Boatright v. The City of Jacksonville, 117 Fla. 477 (Fla. 1934)…Sou. Rep. 316; Poekel v. Dowling, 108 Fla. 582, 146 Sou. Rep. 662; Davant v. City of Brooksville, 107 Fla. 292, 144 Sou. Rep. 666; Gulf View Apartments v. City of Venice, 108 Fla. 41, 145 Sou. Rep. 842; Cochrane v. Town of Boca Raton, 112 Fla. 177, 150 Sou. Rep. 611; Ridgeway v. Peacock, 100 Fla. 1297, 131 Sou. Rep. 140; Ridgeway v. Reese, 100 Fla. 1304, 131 Sou. Rep. 136; Hackney v. McKenny (on rehearing), 113 Fla. 189, 151 Sou. Rep. 529. In the case last cited it was definitely held that under the laws of Flo…
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Iola v. Brumick, 131 Fla. 46 (Fla. 1938)…must forfeit the entire interest charged or contracted for and must in addition double the amount of interest which has been reserved and decreed a penalty. [*58] See Sherman v. Myers, 108 Fla. 129; 146 Sou. Rep. 213; Ceraola v. Smith, 112 Fla. 399, 150 Sou. Rep. 611. In. Mason v. Cunningham, supra, the reservation of a broker’s commission did not make the transaction usurious. This was so held even though the broker acts for the lender. In the case of Wicker v. Trust Co. of Florida, 108 Fla. 411, 147 Sou. Rep.…
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Penn-Florida Hotels Corp. v. The Atl. Nat'l Bank of Jacksonville, 126 Fla. 344 (Fla. 1936)…eb, 105 Fla. 297, 140 Sou. Rep. 916; Williams v. Dunn, 105 Fla. 327, 141 Sou. Rep. 190; Porter Interests v. Missouri State Life Ins. Co., 105 Fla. 550, 141 Sou. Rep. 741; Brush v. Barnett Natl. Bank, 110 Fla. 459, 140 Sou. Rep. 57; Ceraola v. Smith, 112 Fla. 399, 150 Sou. Rep. 611. The allowance of compensation to the Atlantic National Bank of Jacksonville for its services as trustee have not been shown to be so unreasonably low as to warrant a reversal on its cross-appeal. So the orders appealed from, in…
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- Sherman v. Myers, 108 Fla. 129 (Fla. 1933)