THECSUCCESS CORPORATION, APPELLANT,
v.
DAVID E. GRAHAM, ET AL., APPELLEES
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The court held that a genuine issue of material fact exists regarding whether the doctors' final judgments have been satisfied, thus reversing the finding of an equity of redemption. The court affirmed the redemption price set by the trial court.
The trial court entered a summary final judgment finding that the Doctors had a right of redemption and setting a redemption price. The Appellees/Defe…
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GUNTHER, Judge.
We reverse in part and affirm in part the trial court’s summary final judgment finding that the Appellees/Defendants/Robert L. Andreae, Daljit K. Singh, Dr. Bhag Singh Gulshan Trust and Arthur Naddell (the Doctors) have a right of redemption and setting a redemption price of $570,-000.00.
We affirm the trial court’s ruling setting a redemption price of $570,000.00. The trial court correctly ruled as follows:
The amount of the equity of redemption was determined by the Court to be an amount the judgment creditors would have been required to pay if they had elected to redeem promptly upon the filing of the Mortgage Foreclosure Complaint. It excludes all charges or expenses, taxes, insurance, and interest after 31 December 1987. The Court determined the amount in accordance with its equitable jurisdiction. See Commonwealth Mortgage Corporation of America v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989) and First Family Mortgage Corporation of Florida v. White, 549 So. 2d 1049,1050 (Fla. 5th DCA 1989).
See also Quinn Plumbing Co. v. New Miami Shores Corp., 100 Fla. 418, 129 So. 690 (1930).
We reverse that portion of the summary final judgment finding that, as a matter of law, the Doctors have an equity of redemption. A genuine issue of material fact exists as to whether the Doctors’ final judgments have been fully satisfied.
AFFIRMED IN PART, REVERSED IN PART AND REMANDED.
GARRETT, J., and McNULTY, JOSEPH P., Associate Judge, concur.
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Lucky Nation, LLC v. Al-Maghazchi (Fla. 4th DCA 2020)…iginal foreclosure judgment in favor of the first mortgage holder. This was error, and Appellee concedes that the inclusion of the post-judgment interest and taxes was erroneous. See Quinn Plumbing Co., 129 So. at 693; Thecsuccess Corp. v. Graham, 577 So. 2d 590, 591 (Fla. 4th DCA 1991). Accordingly, we remand for the trial court to delete the interest, property taxes, and expenses that were incurred after the date of the filing of the original first mortgage foreclosure complaint. See Pinto v. EMC Mortg.…
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Tejedo v. Sec'y OF Veterans Affairs, 673 So. 2d 959 (Fla. 3d DCA 1996)…ent and remand for further proceedings. The amount for redemption by Tejedo shall be that amount he would have been required to pay had he elected to redeem promptly upon the filing of the mortgage foreclosure complaint. Thecsuccess Corp. v. Graham, 577 So. 2d 590 (Fla. 4th DCA 1991). The amount shall not include any interest subsequent to the filing of suit or any costs or expenses of suit. Reversed and remanded for further proceedings in accordance with this opinion.…
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Pinto v. EMC Mortg. Corp., 700 So. 2d 91 (Fla. 4th DCA 1997)…uired to pay if he had been joined in the first foreclosure and had elected to redeem promptly upon the filing of the first foreclosure. See Quinn Plumbing Co. v. New Miami Shores Corp., 100 Fla. 413, 129 So. 690 (1930); Thecsuccess Corp. v. Graham, 577 So. 2d 590 (Fla. 4th DCA 1991); Tejedo. On remand, an amended judgment shall not include any interest or expenses incurred subsequent to the filing of the first foreclosure action. See Tejedo, 673 So. 2d at 960. AFFIRMED IN PART; REVERSED IN PART. WARNER a…
Authorities Cited
- Quinn Plumbing Co., Inc. v. New Miami Shores Corp., 100 Fla. 413 (Fla. 1930)
- Lucky Nation, LLC v. Al-Maghazchi (Fla. 4th DCA 2020)
- Commonwealth Mortg. Corp. OF Am., L.P. v. Frankhouse, 551 So. 2d 599 (Fla. 4th DCA 1989)
- Brantley v. Whittenton, 549 So. 2d 1049 (Fla. 5th DCA 1989)