GARCIA v. JPMORGAN CHASE BANK NATIONAL ASSOCIATION (2020)

District Court of Appeal of Florida, Third District.

Enrique GARCIA, Appellant, v. JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Appellee.

No. 3D19-430

Decided: June 17, 2020

Before SALTER, LOGUE, and LOBREE, JJ.

Dennis A. Donet, for appellant. Krinzman Huss Lubetsky Feldman & Hotte, and Cary A. Lubetsky and Lynette Ebeoglu McGuinness, for appellee.

In Spikes v. OneWest Bank FSB, 106 So. 3d 475 (Fla. 4th DCA 2012), the court held that “[t]he Florida Constitution granting homestead protection does not preclude foreclosure of an equitable vendor's lien.” Id. at 478. This is because “[t]he law is well settled that purchase money mortgages generally take priority over any other prior or subsequent claims or liens attaching to the property through the mortgagor and these mortgages are recognized as being senior to the claims of dower and homestead as well as to judgment liens and mortgages on after acquired property.” Associates Disc. Corp. v. Gomes, 338 So. 2d 552, 553 (Fla. 3d DCA 1976); see also County of Pinellas v. Clearwater Fed. Sav. & L. Ass'n, 214 So. 2d 525, 525 (Fla. 2d DCA 1968) (“The law relating to the superiority of purchase money mortgages is well settled. ․ Purchase money mortgages are recognized as being senior to claims of dower and homestead ․”).

Affirmed.

LOGUE, J.

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