LAPINSKI
v.
GREEN TREE
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A trial court's foreclosure judgment must be modified to remove language authorizing a deficiency judgment when the parties have agreed to waive the deficiency claim in settlement.
[1] A foreclosure judgment must be modified to remove language permitting a deficiency judgment when the parties have agreed in settlement to waive the mortgagee's deficiency…
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Join FLexlaw to unlock all legal intelligenceAppellants James and Patricia Lapinski appealed a summary final judgment of foreclosure in a mortgage foreclosure action brought by Green Tree Servici…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED JAMES LAPINSKI AND PATRICIA LAPINSKI, Appellants,
v. Case No. 5D17-445 GREEN TREE SERVICING, LLC, GREEN EMERALD HOMES, LLC, ALEXANDRIA POINTE HOMEOWNERS ASSOCIATION, INC., Appellees. ________________________________/ Opinion filed February 9, 2018 Appeal from the Circuit Court for Volusia County, Randell H. Rowe, III, Judge.
James Lapinski and Patricia Lapinski, Port Orange, pro se.
Christopher R. Evans and Douglas R. Sargent, of Locke Lord LLP, West Palm Beach, and Charles P. Gufford, of McCalla Raymer Leibert Pierce, LLC, Orlando, for Appellee, Green Tree Servicing, LLC.
Mark P. Stopa, of Stopa Law Firm, Tampa, for Appellee, Green Emerald Homes, LLC.
No Appearance for Other Appellee.
PER CURIAM.
We affirm the summary final judgment of foreclosure entered in favor of Appellee,
Green Tree Servicing, LLC, without further discussion, except that we strike from paragraph ten of the judgment any reference to the trial court later entering a deficiency judgment against Appellants. Appellee agreed to waive the right to pursue any deficiency claim against Appellants as part of their settlement to resolve the case below.
FINAL JUDGMENT AFFIRMED, AS MODIFIED.
EVANDER, LAMBERT and EISNAUGLE, JJ., concur.