Ferry v. E-Z Cashing, LLC
After a 2010 consent foreclosure judgment and a decade-long bankruptcy stay, the assignee of the original lender's note, mortgage, and separate assignment of leases and rents obtained an amended final foreclosure judgment and an order awarding it rents. The Second DCA reversed the amended final judgment, holding the note and mortgage had merged into the 2010 consent foreclosure judgment (and the assignee acquired no interest in the judgment itself), but affirmed the rents order, holding a separate collateral assignment of leases and rents does not merge into the foreclosure judgment and survives it.
Key facts
- Ferry and E-Z Cashing, LLC involved a property subject to a 2010 consent foreclosure judgment that remained stayed during a decade-long bankruptcy proceeding.
- After the bankruptcy stay was lifted, the assignee of the original lender's note, mortgage, and a separate assignment of leases and rents obtained an amended final foreclosure judgment and an order awarding it rents.
- +2 more key facts with a free trial
Why it matters
This appears to be the first Florida decision squarely holding that a separate assignment of leases and rents survives (does not merge into) a mortgage foreclosure judgment, giving lenders' assignees a distinct… — full analysis with a trial
Read the full opinion, holdings & search — free for 30 days
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision — in your hands.
- Search every tracked Florida decision in seconds
- Save, tag & file the cases that matter into your own library
- Read the full plain-English analysis and holdings
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.