McCOURRY v. BENEFICIAL SAV. BANK

No. 87-934.

530 So.2d 981 (1988)

Paul D. McCourry, et al., Appellants, v. BENEFICIAL Savings Bank, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 15, 1988.


Attorney(s) appearing for the Case

Clayton D. Simmons and Donna L. Surratt-McIntosh, of Stenstrom, McIntosh, Julian, Colbert, Whigham & Simmons, P.A., Sanford, for appellants.

R. Edward Cooley, of Shepherd, McCabe & Cooley, Orlando, for appellee.


SHARP, Chief Judge.

This is an appeal from a final judgment of foreclosure entered against the McCourrys, defendants below, in favor of the co-mortgagee, Beneficial Savings Bank ("Beneficial"). We reverse.

The McCourrys owned a residence which they sold for $270,000 to Paul West, president of Freedom Mortgage Group, Inc. ("Freedom"). At the closing, West executed a note and mortgage, securing payment of the full sales amount. The note provided for a series...

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