Abdoney v. York

903 So. 2d 981 (2005)

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Abdoney v. York

Florida District Court of Appeal
903 So. 2d 981 (2005)

Facts

Amerivest Corporation was the primary mortgagee of Jason and Betty Peterson’s property. The Petersons owed attorney Emmet Abdoney (plaintiff) $12,000. To secure the debt, Abdoney took a second mortgage against the Petersons’ property. The Petersons failed to pay their first mortgage, and Amerivest filed a foreclosure lawsuit against the Petersons, Abdoney, and two other junior lienholders. Abdoney bought out the Amerivest mortgage, Amerivest voluntarily dismissed Abdoney from the lawsuit, and Abdoney was substituted as the plaintiff. Abdoney amended the foreclosure lawsuit but omitted himself as a defendant in his capacity as a junior lienholder. The trial court granted foreclosure of the first mortgage and ordered a judicial sale. Janetta York (defendant) bought the property, and the clerk of court filed a certificate of sale. Abdoney subsequently demanded that York satisfy his junior lien. In response, York filed a motion to declare Abdoney, as a junior lienor with notice of the foreclosure, barred from enforcing the lien. York’s motion was denied as premature. Abdoney filed a new foreclosure action seeking, among other things, foreclosure against York. York counterclaimed for declaratory judgment and renewed her motion to declare junior lienor with notice barred in the first foreclosure action. The court consolidated the two cases, determined that the filing of the certificate of sale in the first foreclosure action had extinguished Abdoney’s junior lien, and granted York’s motion to declare the lien barred. Both parties filed motions for summary judgment, and the court granted York’s motion and denied Abdoney’s motion. Abdoney appealed.

Rule of Law

Issue

Holding and Reasoning (Stringer, J.)

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