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(Download) "Federal Home Loan Mortgage Corporation v. George B. Taylor and Wife" by First District Court of Appeal of Florida ~ eBook PDF Kindle ePub Free

Federal Home Loan Mortgage Corporation v. George B. Taylor and Wife

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eBook details

  • Title: Federal Home Loan Mortgage Corporation v. George B. Taylor and Wife
  • Author : First District Court of Appeal of Florida
  • Release Date : January 06, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

The appellant was plaintiff in the trial court in a suit to foreclose a real estate mortgage given by appellees to secure an installment promissory note by them. Appellant is the owner and holder of the note and mortgage. The parties will be referred to as the mortgagors and mortgagee. The pleadings and other preliminaries to the entry of the Final Judgment are somewhat unique and will be mentioned further. In the Final Judgment, dated October 8, 1974, the trial judge declined the foreclosure of the mortgage, reciting: ""... it being the opinion of the Court that it would not be equitable to allow foreclosure of said property because this action is the result of both parties' conduct"". However, the judgment did require the defendant mortgagors within 15 days to pay certain court costs; to pay certain sums to the mortgagee to cover installments and late charges accruing through October, 1974; and to pay a $450.00 fee to the attorney ad litem. It was found that $1,650.00 is a reasonable fee for plaintiff's attorneys and ordered the plaintiff mortgagee to pay it, and also declared that certain ""personal costs"" incurred by the mortgagee for attending the final hearing ""shall be their own responsibility to pay"". In the final paragraph of the judgment it is provided that if the mortgagors comply with the payments required of them, as above mentioned, the note and mortgage shall be reinstated ""and that the obligations and duties provided in the original note and mortgage will proceed under the original terms and conditions"".


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