CARL DICK ZEITERS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Horne v. Smith, 368 So. 2d 392 (Fla. 1st DCA 1979)
  …tiffs repurchased the property at the foreclosure sale, plaintiffs acquired title subject to the first mortgage. A purchaser at a mortgage foreclosure sale is presumed to have made allowances for prior liens in making his bid. In Miller v. Slav-ros, 174 So. 2d 48 (Fla.3d DCA 1965), the court held: “Amounts paid by the holder of a second mortgage to protect his security are properly included in a decree foreclosing the second mortgage. . . . Payments in reduction of an indebtedness on a prior mortgage, made…
• Patron v. Am. Nat'l Bank of Jacksonville, 382 So. 2d 156 (Fla. 5th DCA 1980)
  …uce indebtedness on a prior mortgage by a foreclosure purchaser cannot be recovered by the purchaser from the mortgagor. Horne v. Smith, 368 So. 2d 392 (Fla. 1st DCA 1979); Provident National Bank v. Thunderbird Associates, supra; Miller v. Stavros, 174 So. 2d 48 (Fla. 3d DCA 1965). The mortgagee purchaser could have considered the outstanding tax lien on the property at the time of sale and reduced its bid commensurately, but did not do so. It could have paid the taxes between November 1 and November 10 and…
• Loralee Buchanan v. Gaines, 545 So. 2d 311 (Fla. 3d DCA 1989)
  …PER CURIAM. “Payments in reduction of an indebtedness on a prior mortgage, made by foreclosure purchaser after decree and foreclosure sale, are not recoverable from the mortgagor.” Miller v. Stavros, 174 So. 2d 48 (Fla. 3d DCA 1965);1 see Patron v. American Nat’l Bank of Jacksonville, 382 So. 2d 156 (Fla. 5th DCA 1980); Horne v. Smith, 368 So. 2d 392 (Fla. 1st DCA 1979); Provident Nat’l Bank v. Thunderbird Assoc., 364 So. 2d 790 (Fla. 1st DCA 1978). We there…

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Authorities Cited

• Sandsbury LEE v. State, 165 So. 2d 443 (Fla. 2d DCA 1964)
• Loyd Abbott v. State, 164 So. 2d 243 (Fla. 2d DCA 1964)