FOGG v. SOUTHEAST BANK, N.A.

No. 84-1885.

473 So.2d 1352 (1985)

E.C. FOGG, III, Appellant, v. SOUTHEAST BANK, N.A., a National Banking Association, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 5, 1985.


Attorney(s) appearing for the Case

Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, and Alan T. Dimond and Lawrence S. Gordon of Greenberg, Traurig, Askew, Hoffman, Lipoff, Rosen & Quentel, P.A., Miami, for appellant.

D. Culver Smith, III, and Vance E. Salter of Steel, Hector, Davis, Burns & Middleton, Palm Beach, for appellee.


HERSEY, Chief Judge.

Appellant, E.C. Fogg, III, appeals from a summary final judgment determining that the mortgage executed by him and in the process of foreclosure in this action is not subject to the forfeiture provisions of the balloon mortgage statute because of an exception added to the statute after the date of execution of the mortgage.

The promissory note and mortgage were executed on April 29, 1981. The note, in the original principal amount of ...

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