SZENAY v. SCHAUB

No. 86-393.

496 So.2d 883 (1986)

James A. SZENAY and Cindy R. Szenay, Appellants/Cross-Appellees, v. John W. SCHAUB, III, and Valerie J. Davis, Appellees/Cross-Appellants.

District Court of Appeal of Florida, Second District.

October 15, 1986.


Attorney(s) appearing for the Case

James E. Aker of Icard, Merrill, Cullis, Timm and Furen, P.A., Sarasota, for appellants/cross-appellees.

Scott E. Gordon of Scott E. Gordon, P.A., Sarasota, for appellees/cross-appellants.


HALL, Judge.

Appellants James and Cindy Szenay appeal a final judgment of foreclosure. By cross-appeal, appellees John Schaub and Valerie Davis seek attorney's fees.

In 1984, appellants executed a wraparound, third mortgage on their property in favor of appellees as security for a loan. The mortgage was in the amount of $18,269.79. It wrapped around a second mortgage in the amount of $12,769.79, resulting in an actual loan to appellants of $5,500. The terms...

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