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Ngày: Chủ nhật, 03-03-2013, 23:05 | Message # 1 |
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The mortgage upon the leased property given as security for the note to Wauchula State Bank by Dewkat, and subsequently assigned, was not, under the terms of the lease, a "sublease, transfer or assignment by the lessee of this lease or of any . . . interest herein". (e.s.) Section 697.02, Florida Statutes, in effect at all applicable times involved, provides: "A mortgage shall be held to be a specific lien on the property therein described, and not a conveyance of the legal title or of the right of possession." A mortgage is a species of intangible property, creating a lien on the land, but is not an interest in the land. Waldock v. Iba, 114 Fla. 786, 153 So. 915 (1934). Because Florida is a lien theory state, the "assignment of a mortgage lien is not 'a conveyance' or a 'transfer' of 'any interest' in land covered by the mortgage, but is only an assignment or transfer of the lien created by the mortgage". United of Florida, Inc. v. Illini Federal Savings and Loan Association, 341 So.2d 793, 794 (Fla. 2d DCA 1977) (quoting Garrett v. Fernauld, 63 Fla. 434, 57 So. 671, 672 (1912)). Home Remedies For Hives On Legs Cure <a href="http://content4u-gmbh.com">hives relief itch</a> Chive Cream Cheese Spread Cure |
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