Legal Opinion
Shubh Hotels Boca, LLC v. Federal Deposit Insurance Corp.
District Court of Appeal of Florida
Decided October 27, 2010No. 4D10-2821PublishedCited by 1 opinion
1Opinion of the CourtFarmer, J.
The owner/mortgagor (owner) and an alleged guarantor appeal a non-final order allowing a receiver to sell the mortgaged property before final judgment in the foreclosure action. The receiver was appointed in the foreclosure action at the request of the mortgagee. 1 Because we conclude that the creditor and receiver have not demonstrated lawful authority for such a sale over the objection of the record owner before final judgment foreclosing the owner’s interest in the property, we reverse.
These are the pertinent facts. The mortgaged property is a 180-room hotel in Boca Raton. In February…
2Cases cited8 opinions
- Indian River Farms v. YBF PARTNERSDistrict Court of Appeal of Florida · 2001
- Degge v. First State Bank of EustisSupreme Court of Florida · 1941
- John Stepp, Inc. v. FIRST FED S. & L. ASS'NDistrict Court of Appeal of Florida · 1980
- Cone-Otwell-Wilson Corp. v. Commodore's Point Terminal Co.Supreme Court of Florida · 1927
- Eppes v. Dade Developers, Inc.Supreme Court of Florida · 1936
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3Cited by1 opinion
- MB Plaza, LLC v. Wells Fargo Bank, National Ass'nDistrict Court of Appeal of Florida · 2011