ROBERT N. ROCKWOOD AND ELIZABETH A. ROCKWOOD, HIS WIFE, APPELLANTS,
v.
FRANK DEROSA AND DORIS DEROSA, HIS WIFE, ET AL., APPELLEES
Appellant sued to accelerate and foreclose a mortgage from appellees to him. Although the mortgagors were technically in default under the circumstances of this case, Schechtman v. Grobbel, Fla.App.1969, 226 So.2d 1, foreclosure and acceleration were properly denied.
The mortgage here provided that the mortgagors would be liable for costs, including attorney fees due to their failure to comply with the mortgage terms. Appellants’ actions were precipitated by ap-pellees’ default; therefore, appellants were entitled to reasonable attorney fees. Schechtman v. Grobbel, supra.
We reverse and remand with instructions to award appellant reasonable attorney fees.
Reversed and remanded.
WALDEN and OWEN, JJ., and DOWNEY, JAMES G, Associate Judge, concur.
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Fed. Home Loan Mortg. Corp. v. George B. Taylor and wife, 318 So. 2d 203 (Fla. 1st DCA 1975)…ortgage. The second point urged by appellant that the court erred in failing to assess attorney’s fees against the mortgagor in this case is based upon Schechtman v. Grobbel, Fla.App.2nd 1969, 226 So. 2d 1, and Rockwood v. DeRosa, Fla.App.4th 1973, 279 So. 2d 54. In Schechtman there was upheld a refusal to foreclose a mortgage because of a technical breach of an obligation to pay escrow tax monies to the mortgagees when such payments were made into a special tax account which mortgagors opened in a bank. Ho…
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- Schechtman v. Gerard L. Grobbel et ux., 226 So. 2d 1 (Fla. 2d DCA 1969)