HIEBER v. FLORIDA NAT. BANK

No. 87-533.

522 So.2d 878 (1988)

George H. HIEBER and Evy W. Hieber, His Wife, Appellants, v. FLORIDA NATIONAL BANK, a National Banking Association, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 25, 1988.


Attorney(s) appearing for the Case

Litchford, Christopher & Milbrath and Donald E. Christopher, Orlando, for appellants.

Catlin, Saxon, Tuttle and Evans and H. James Catlin, Jr. and James C. Evans, Miami, for appellee.

Before HENDRY, FERGUSON and JORGENSON, JJ.


PER CURIAM.

The question presented here is whether a purchaser of mortgaged property who applies part of the purchase price to discharge a first mortgage while under a mistake of fact as to the existence of a junior lien, even though the junior lien is of record, should be subrogated to the position of the prior senior mortgagee as against the junior lien.

Apparently no Florida case has answered this question. Although a line of cases to the contrary exists...

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