Weiss v. BI 27, LLC
Plaintiffs sued to quiet title to airport-area properties, alleging their mother fraudulently conveyed them through sham corporations; after their lis pendens was discharged for failure to post a $2 million bond, mortgages were placed on the properties. The trial court held section 48.23(1)(b), Florida Statutes, shielded the successor mortgagees from the quiet title claims, but the Third DCA reversed, finding triable factual issues precluded application of the statute.
Key facts
- Plaintiffs sought to quiet title to airport-area properties, alleging their mother fraudulently conveyed them through sham corporations to defendants.
- After plaintiffs' lis pendens was discharged for failure to post a $2 million bond, mortgagees acquired interests in the properties from Elite, a party-defendant.
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Why it matters
The opinion is a useful roadmap for challenging the section 48.23(1)(b) safe harbor for post-discharge encumbrancers, holding that the statute is unavailable where the underlying action rests on duly recorded… — full analysis with a trial
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