Legal Opinion

Kapila v. Atlantic Mortgage & Investment Corp.

Court of Appeals for the Eleventh Circuit

Decided August 20, 1999No. 98-5071PublishedCited by 8 opinions

1Opinion of the Court

CUDAHY, Senior Circuit Judge:

Tarek Halabi owned real property in Palm Beach, Florida, which he mortgaged to Republic Savings Bank. Republic properly perfected the mortgage and note. Two years later, the mortgage and note were assigned to Farragut Mortgage Co., Inc. which recorded the assignment in the public records. On March 16,1994, Farragut assigned the mortgage and note to Atlantic Mortgage & Investment Corporation. On June 24, 1994 — after the mortgage had been assigned to Atlantic but before Atlantic had recorded the assignment — -Halabi filed for bankruptcy protection. Atlantic…

2Cases cited8 opinions

  1. Bank of Marin v. EnglandSupreme Court of the United States · 1966
  2. In Re Chase & Sanborn Corporation, Debtor. Paul C. Nordberg, Creditor Trustee v. Arab Banking CorporationCourt of Appeals for the Eleventh Circuit · 1990
  3. Hulet v. DenisonSupreme Court of Florida · 1941
  4. Bradley v. ForbsSupreme Court of Florida · 1934
  5. In Re William Norman Troy, Bankrupt. Mentor Lagoons Marina v. Myron Wasserman, TrusteeCourt of Appeals for the Sixth Circuit · 1974

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3Cited by8 opinions

  1. Rogan v. Bank One, Natl AssocCourt of Appeals for the Sixth Circuit · 2006
  2. LTF Real Estate Co. v. Expert South Tulsa, LLC (In re Expert South Tulsa, LLC)Bankruptcy Appellate Panel of the Tenth Circuit · 2014
  3. Waterfall Victoria Master Fund Ltd. v. YeagerOhio Court of Appeals · 2013
  4. Royal v. First Interstate Bank (In re Trierweiler)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  5. Aum Shree of Tampa, LLC v. HSBC Bank USA (In Re Aum Shree of Tampa, LLC)United States Bankruptcy Court, M.D. Florida · 2011

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