HOME SAV. OF AMERICA, F.A. v. ROEHNER

No. 85-2669.

491 So.2d 612 (1986)

HOME SAVINGS OF AMERICA, F.A., Appellant, v. Virginia K. ROEHNER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 12, 1986.


Attorney(s) appearing for the Case

Michael L. Rosen and Jeffrey Allan Hirsch of Holland & Knight, Fort Lauderdale, for appellant.

Richard K. Fink of Fink and Golden, P.A., Miami, for appellee.


LETTS, Judge.

This appeal involves a buyer's attempt to assume an existing institutional mortgage on real estate, at the same eight and three-quarters percent rate of interest furnished to the original borrower, despite a due-on-sale clause in the mortgage. After a protracted letter writing war, the buyer and the lender agreed on a settlement calling for an increased interest rate of ten percent per annum, and payment of all arrearages of accrued interest, principal...

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