Ginsberg v. Lennar Florida Holdings, Inc

In Ginsberg v. Lennar Florida Holdings, Inc., 645 So. 2d 490 (Fla. 3d DCA 1994), rev. denied, 659 So. 2d 272 (Fla. 1995), the court held that, although section 697.07 gives a mortgagee with an assignment of rents a right to pursue his or her remedies automatically upon default after a written demand for rents, the demand for rents does not transfer title to the rents, but only affords a right to bring an action to foreclose on the rent. Therefore, the court in Ginsberg concluded that there was no immediate right to the possession of rent which would entitle the mortgagee with an assignment of rents to bring suit for conversion, civil theft or civil RICO violations.