Fla. High Court Says City Can't Give Its Lien Superpriority

Law360, Miami (May 17, 2013, 8:18 PM EDT) -- The Florida Supreme Court on Thursday affirmed a lower court's decision that Palm Bay, Fla., could not give its municipal code enforcement liens a superpriority status over a mortgage held by Wells Fargo Bank NA because it conflicts with state law.

The high court said that Palm Bay's ordinance, which contains a superpriority provision stating that liens created by a city order are equal to those held by any other governmental entity and superior to other liens, is preempted by a state law dictating that the...
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