In short: In Campani v. BankUnited, a borrower sold a property that secured two cross-collateralized loans, paid off only one, and used the sale money toward a new homestead. The trial court entered summary judgment imposing an equitable lien on the home and foreclosing it. On October 12, 2022, the Third District affirmed in a short per curiam decision that cited Florida’s leading equitable lien cases but gave no further explanation.
The Facts
BankUnited had two loans connected to Isauro Campani: a loan to his company, which he guaranteed, and a personal loan secured by a mortgage on a warehouse. According to the parties at argument, the loans were cross-collateralized, so the warehouse also stood as security for the company loan.
Campani sold the warehouse. His closing attorney asked the bank for a payoff, and the bank quoted the payoff on the personal loan only. That loan was paid and the mortgage released, and the remaining sale proceeds went to Campani, who used them to buy a home that became his homestead. The company loan was not paid, and the bank later demanded payment on his guaranty.
The bank sued and moved for summary judgment on equitable lien, constructive trust and unjust enrichment theories. No written response was filed before the hearing. The trial court entered final summary judgment imposing an equitable lien on the homestead and ordering it foreclosed. Campani and his wife, Karla Villaverde, appealed, and the case was argued on September 20, 2022. These are the arguments, not findings.
- The homeowners argued the homestead exemption can be overcome only by fraud or egregious conduct in obtaining the money, and that asking for a payoff and relying on the bank’s own payoff letter is not fraud. At most there was a mistake, and intent cannot be decided on summary judgment.
- The bank argued the sale proceeds were its pledged collateral, that Campani knew the company loan was unpaid, and that his deposition admissions established fraud, misrepresentation or egregious conduct.
- The panel pressed the homeowners on the lack of any written opposition under the amended summary judgment rule, and pressed the bank on the difference between an honest mistake that unjustly enriches someone and the fraud the Florida Supreme Court has required.
The Decision
The Third District affirmed on October 12, 2022. The decision is one word, “Affirmed,” followed by three citations: Palm Beach Savings & Loan Ass’n v. Fishbein, 619 So. 2d 267 (Fla. 1993), where a bank got an equitable lien on a homestead after a borrower fraudulently obtained a loan and used it to pay off the homestead mortgages; Randazzo v. Randazzo, 980 So. 2d 1210 (Fla. 3d DCA 2008), where a spouse sold the marital home and put the proceeds into a new homestead instead of paying her former husband as their settlement required; and Renda v. Price, 347 So. 3d 3 (Fla. 4th DCA 2022), which allowed foreclosure of an equitable lien on a homestead to prevent unjust enrichment.
A citation affirmance tells us which cases the court found controlling, but it does not explain how they apply to these facts. The court did not say whether it found fraud, egregious conduct, or that unjust enrichment alone was enough. The mandate issued November 1, 2022.
The Law
Article X, section 4 of the Florida Constitution protects a homestead from forced sale except for taxes, purchase-money obligations, and work or materials used to improve the property. The courts have added a narrow equitable exception. In Fishbein, the Florida Supreme Court allowed an equitable lien where money obtained by fraud was used to buy or improve the homestead.
In Havoco of America, Ltd. v. Hill, 790 So. 2d 1018 (Fla. 2001), the Supreme Court held that converting nonexempt assets into a homestead, even with the intent to hinder creditors, does not by itself defeat the exemption. The exception applies when the funds were obtained through fraud or egregious conduct. Campani falls in the gap between those two cases: the money was the bank’s collateral, and the question was whether getting it the way he did was the kind of misconduct that opens the door.
Procedure decided a lot here. Under Florida Rule of Civil Procedure 1.510, a party opposing summary judgment must file a response with supporting evidence. If it does not, the court can treat the movant’s facts as undisputed.
Current law (2026): The amended Rule 1.510 took effect May 1, 2021. Since January 1, 2025, the response is due 40 days after the motion is served, rather than 20 days before the hearing.
Lessons
- Homestead protection is strong but not absolute. Money that belongs to a lender as collateral can follow the property into a homestead through an equitable lien.
- Before selling property that secures more than one loan, read the cross-collateral clause. A payoff letter for one loan may not release the property from the other.
- File a written response to a summary judgment motion, with evidence, on time. Arguing at the hearing alone may leave the other side’s facts undisputed.
- A citation affirmance is short, but the cases it cites show how the court viewed the dispute. Here they all involved misuse of money that should have gone to someone else.
Source: Campani v. BankUnited, N.A., 348 So. 3d 682 (Fla. 3d DCA 2022), No. 3D21-2408, decided October 12, 2022; ACIS docket.
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Equitable Lien on a Homestead: Did Summary Judgment Prove Fraud or Egregious Conduct?
Go Deeper
- Homestead Sale Proceeds Invested in a Brokerage Account Stayed Exempt (JBK Associates v. Sill Bros.)
- An Equalizing Payment Secured by a Homestead: What the Court Did and Did Not Decide (Sumlin v. Sumlin)
- Purge Paid, But Homestead Still Ordered Sold for Child Support? (Pacin v. Granja)
Frequently Asked Questions
Can a creditor put a lien on my Florida homestead?
Usually not. The Florida Constitution protects a homestead from forced sale except for taxes, purchase-money mortgages and improvements. Courts allow an equitable lien in narrow cases, usually where money obtained by fraud or egregious conduct went into the home, as the Third District’s citations in Campani v. BankUnited reflect.
What is an equitable lien on a homestead?
It is a court-imposed lien that lets a party recover money that was wrongfully put into a homestead. The leading case, Palm Beach Savings & Loan v. Fishbein, allowed one where fraudulently obtained loan money paid off the homestead mortgages.
Can I put money into my homestead to protect it from creditors?
Under Havoco of America v. Hill, buying or paying down a homestead with nonexempt assets does not by itself lose the exemption, even if the purpose is to avoid creditors. But if the money was obtained through fraud or egregious conduct, or was a lender’s collateral, an equitable lien may follow it, as happened in Campani.
What happens if I do not respond to a summary judgment motion in Florida?
The court can treat the moving party’s facts as undisputed and grant judgment if they support it. In Campani the homeowners filed no written response, and the panel raised that point first at oral argument.
Talk to a Florida homestead and probate lawyer
Weidner Law, P.A. handles Florida homestead, probate and real estate disputes from St. Petersburg. If you need a probate real estate lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
