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MORTGAGE ASSETS v. TERRACES/BANYAN-2

No. 4D20-1845.

326 So.3d 1140 (2021)

MORTGAGE ASSETS MANAGEMENT, LLC, As Servicer for Bank of New York Mellon Trust Company, N.A., As Trustee for Mortgage Assets Management Series 1 Trust, Appellant, v. TERRACES/BANYAN — 2, INC., Robin Kaplan, Champion Mortgage Co., and Secretary of Housing and Urban Development, Appellees.

District Court of Appeal of Florida, Fourth District.

September 1, 2021.

Attorney(s) appearing for the Case

Joshua H. Threadcraft of Burr & Forman LLP, Birmingham, Alabama, for appellant.

Michael D. Bogen of Bogen Law Group, P.A., Coral Springs, for appellee Terraces/Banyan — 2, Inc.

A property mortgagor appeals from the circuit court's order granting the property receiver's motion to establish an equitable lien, which order stated, in pertinent part, that the equitable lien was "superior to any first lienholder," i.e., the mortgagor. We reverse...

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