Community Bank of Homestead v. Barnett Bank of Keys

FERGUSON, Judge.

The novel question presented here is whether an earlier perfected security interest in a modular home becomes subordinate to a security in realty by virtue of the home becoming affixed to the realty. We disagree with the trial court’s holding that the act of annexing the personalty to the realty made it a fixture as a matter of law and reverse for findings of fact.

Structural Homes, a builder of prefabricated homes, borrowed $50,000 from appellant, Community Bank of Homestead, to build a modular home and executed an agreement giving the bank a security interest in the home. It…