Argent Mortgage Co., LLC v. Wachovia Bank, NA
Florida District Court of Appeal
52 So.3d 796 (2010)
Relevant factsFree
Wachovia's (plaintiff) predecessor mortgage was executed before, but recorded after, Argent's (defendant) later mortgage on the same property; Argent had no notice of the earlier Wachovia mortgage when it loaned money and took its own mortgage, but the trial court held Wachovia had priority solely because it happened to record first (applying a race-notice rule), granting Wachovia summary judgment.
IssueFree
Whether Florida uses a notice system to determine the priority of mortgages.