SAVOIE v. SOUTHEAST BANK, N.A.

No. 87-2212.

529 So.2d 1275 (1988)

Armand SAVOIE, et al., Appellants, v. SOUTHEAST BANK, N.A., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

August 25, 1988.


Attorney(s) appearing for the Case

Marcia K. Lippincott, of Marcia K. Lippincott, P.A., Orlando, for appellants.

H. Richard Bates, of Anderson & Rush, Orlando, for appellee.


SHARP, Chief Judge.

Armand and Judy Savoie appeal from a summary final judgment of foreclosure in favor of Southeast Bank, N.A., terminating their option to purchase realty, which was the subject of the foreclosure action. The facts in this case are not controverted, although they are complex. We reverse and remand with directions.

The Savoie option to purchase the subject realty was recorded prior to Southeast's mortgage. Therefore, the bank took its lien...

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