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Florida Attorney General Reports

Decided October 7, 1992Published

1Opinion of the Court

Michael W. Connors Village Attorney Village of Royal Palm Beach

QUESTION:

Does s. 10, Art. VII, State Const., preclude the village, when selling surplus real property to a private purchaser and taking back a mortgage on the property, from subordinating that mortgage to a mortgage secured by the purchaser for the construction of improvements?

SUMMARY:

While a municipality would not be precluded from taking back a mortgage on surplus municipal property, the subordination of that mortgage to a mortgage secured by the purchaser for the construction of improvements would appear to be precluded by s.…

2Cases cited8 opinions

  1. Nohrr v. Brevard County Educational Fac. Auth.Supreme Court of Florida · 1971
  2. Quinn Plumbing Co. Inc. v. New Miami Shores Corp.Supreme Court of Florida · 1930
  3. Bailey v. City of TampaSupreme Court of Florida · 1926
  4. State v. PUTNAM CTY. DEVELOP. AUTH.Supreme Court of Florida · 1971
  5. Wald v. Sarasota County Health Facilities AuthoritySupreme Court of Florida · 1978

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