Levy v. Kozyak (In Re Financial Federated Title & Trust, Inc.)

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED
U.S. COURT OF APPEALS
______________________ ELEVENTH CIRCUIT
October 03, 2003
No. 02-13839 THOMAS K. KAHN
CLERK
_______________________

D. C. Docket No. 02-60067-CV-AJ
Bkcy. Docket No. 99-26616-BKC-RB

In Re: FINANCIAL FEDERATED TITLE AND TRUST, INC.
d.b.a. Viatical Federated Title and Trust,
a.k.a. Asset Security Corp.,
a.k.a. Viatical Asset Recovery Corp.,
a.k.a. Quad B Ltd.,

Debtor.
__________________________________________________________________

RAPHAEL LEVY,
a.k.a. Ray Levy,
ROSEANN M. LEVY,

Plaintiffs-Appellants,

versus

JOHN W. KOZYAK, Trustee,
Defendant-Appellee.
 ___________________________________

Appeal from the United States District Court
for the Southern District of Florida
___________________________________

(October 3, 2003)

Before HULL, MARCUS and STAHL*, Circuit Judges.

PER CURIAM:

On November 16, 2001, the United States Bankruptcy Court for the

Southern District of Florida entered an order granting summary judgment in favor

of Appellee. In re Financial Federated Title & Trust, Inc., 273 B.R. 706 (S.D. Fla.

2001). The order imposed an equitable lien and constructive trust against

Appellants’ Florida homestead property. Appellants appealed to the United States

District Court for the Southern District of Florida, which affirmed the Bankruptcy

Court’s order.

After review and oral argument, we conclude that Appellants purchased

their home with fraudulently obtained funds and that the Florida Constitution does

not protect Appellants’ homestead property from an equitable lien or constructive

trust for the reasons outlined in the Bankruptcy Court’s thorough and well-

*
Honorable Norman H. Stahl, United States Circuit Judge for the First Circuit, sitting by
designation.

2
reasoned order. Because the Bankruptcy Court’s order amply describes the issues

and controlling law in this case, we hereby adopt the Bankruptcy Court’s order,

attached hereto as Exhibit A.

AFFIRMED.

3