MAURATH v. BROWN

No. 84-1737.

474 So.2d 405 (1985)

Vincent MAURATH, Appellant, v. Elizabeth H. BROWN, Appellee.

District Court of Appeal of Florida, Fourth District.

August 21, 1985.


Attorney(s) appearing for the Case

Barbara J. Compiani of Edna L. Caruso, P.A., West Palm Beach, and Charles I. Cohen, Boca Raton, for appellant.

Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, and Henry R. Zippay, Jr., Pompano Beach, for appellee.


LETTS, Judge.

This appeal emanates from a trial court ruling that the terms of a purchase money mortgage and note were not ambiguous. We disagree and reverse.

The dispute centers on whether the purchase money mortgagee or the mortgagor was to be ultimately responsible for the escrow payments for taxes and insurance required by the underlying institutional mortgage lender. The trial court opined that the purchase money mortgage unequivocally placed this burden...

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