LAPINSKI
v.
GREEN TREE SERVICING, LLC
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Summary judgment foreclosure is properly affirmed where the mortgagee agreed to waive any right to pursue a deficiency judgment as part of the settlement.
[1] Where a mortgagee and mortgagor settle a foreclosure action with an agreement that the mortgagee waives the right to pursue a deficiency judgment, the foreclosure judgmen…
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Join FLexlaw to unlock all legal intelligence“Appellee agreed to waive the right to pursue any deficiency claim against Appellants as part of their settlement to resolve the case below.”
Court's explanation for striking deficiency judgment language from the foreclosure judgment.
James and Patricia Lapinski appealed a summary judgment foreclosure in favor of Green Tree Servicing, LLC. The parties had reached a settlement that i…
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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.