Florida Supremes Kibosh Local Ordinance That Would Have Given Municipal Liens 'Superpriority' Status Over Mortgages, Even If Latter Were Earlier-Recorded

In Tallahassee, Florida, The Florida Current reports:

• A local Palm Bay ordinance giving municipal liens on property superiority over mortgages was struck down Thursday by the Florida Supreme Court. However, a bill headed to Gov. Rick Scott’s desk could give local governments more power to address municipal liens.
  
  The court upheld a 5th District Court of Appeal decision nullifying the ordinance, which states that Palm Bay’s liens on a property rank higher than a mortgage lien, even if the mortgage was entered into before the municipal lien. In a 5-2 decision, the court stated state laws preempt such local ordinances.
  
  “Giving effect to the ordinance superpriority provision would allow a municipality to displace the policy judgment reflected in the Legislature’s enactment of the statutory provisions,” the ruling penned by Justice Charles Canady states. “A more direct conflict with a statute is hard to imagine.”

For more, see High court knocks down Palm Bay lien ordinance, but foreclosure bill could aid local governments.

For the ruling, see City of Palm Bay v. Wells Fargo Bank, N.A., No. SC11-830 (Fla. May 16, 2013).