BRAUNER v. LAMPER

No. 88-2224.

555 So.2d 935 (1990)

Hans BRAUNER and Emma Brauner, His Wife, et al, Appellants, v. Maria LAMPER, Appellee.

District Court of Appeal of Florida, Fourth District.

January 17, 1990.


Attorney(s) appearing for the Case

James E. Tribble of Blackwell, Walker, Fascell & Hoehl, Miami, for appellants.

Nathan E. Nason of Nason, Gildan, Yeager & Gerson, P.A., West Palm Beach, for appellee.


LETTS, Judge.

At issue, in this mortgage foreclosure action, is whether a true purchase money mortgage, executed simultaneously with a warranty deed, but delayed of recording in the public records, takes precedence over other subsequently executed mortgages which are, however, recorded first. We reverse the summary judgment entered in favor of the seller/purchase money mortgagee.1

The purchase and sale agreement for this improved...

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