FREEDOM SAV. & LOAN ASS'N v. HORTON

No. 89-624.

553 So.2d 1335 (1989)

FREEDOM SAVINGS AND LOAN ASSOCIATION, a Florida Corporation, Appellant, v. Henry T. HORTON and Suzanne K. Horton, Appellees.

District Court of Appeal of Florida, First District.

December 15, 1989.


Attorney(s) appearing for the Case

Alan C. Sheppard of Emmanuel, Sheppard & Condon, Pensacola, for appellant.

Charles L. Hoffman, Jr., of Shell, Fleming, Davis & Menge, Pensacola, for appellees.


SMITH, Judge.

Freedom Savings and Loan Association (FSLA) appeals a final summary judgment denying relief in its foreclosure action. Because genuine issues of material fact remain to be litigated, we find it was error to grant summary final judgment in favor of the Hortons based upon their defense that they were bona fide purchasers for value without notice of FSLA's mortgages.

Reduced to the bare essentials, the facts are that in 1976, FSLA took two mortgages...

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