In re Forfeiture of United States Currency in the Amount of Ninety-One Thousand Three Hundred Fifty-Seven & 12/100 Dollars ($91,357.12)

STONE, Judge.

The appellant, the mortgage holder on seized real property, is an intervenor in a forfeiture proceeding brought by the City of West Palm Beach. The trial court entered a summary judgment for the city and against the mortgagee, holding that the forfeiture was not subject to appellant’s preexisting mortgage because it was not recorded prior to the seizure. We reverse in part and affirm in part.

For the purpose of our review, the facts are taken most favorably to the mortgagee. The appellant loaned the property owner $140,000.00. Of that sum, $128,892 was used to satisfy two prior…