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FREEDOM SAV. & LOAN ASS'N., INC. v. LaMONTE

No. 83-1804.

448 So.2d 51 (1984)

FREEDOM SAVINGS AND LOAN ASSOCIATION, INC., Appellant, v. Charles LaMONTE and Avis LaMonte, et al., Appellees.

District Court of Appeal of Florida, Second District.

April 4, 1984.

Attorney(s) appearing for the Case

Stephen C. Chumbris of Greene, Mann, Rowe, Stanton, Mastry & Burton, St. Petersburg, for appellant.

Jeffrey W. Warren of Bush, Ross, Gardner, Warren & Rudy, Tampa, for appellees Charles LaMonte and Avis LaMonte.

GRIMES, Acting Chief Judge.

This appeal involves a new twist in the ongoing controversy over the enforceability of mortgage due on sale clauses.

On October 18, 1976, Charles and Avis LaMonte executed a mortgage on their property to Freedom Federal Savings and Loan Association. The mortgage contained a due on sale clause.1 On June 10, 1980, the LaMontes entered into an agreement for deed...

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