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GROSS v. FIDELITY FEDERAL SAV. BANK

No. 91-0348.

579 So.2d 846 (1991)

Robert GROSS and Carol Gross, Appellants, v. FIDELITY FEDERAL SAVINGS BANK OF FLORIDA, etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

May 15, 1991.

Attorney(s) appearing for the Case

Stephen L. Cook, West Palm Beach, for appellants.

William H. Sned, Jr., of Brackett, Cook, Sned, Welch, Hewitt, D'Angio & Tucker, P.A., West Palm Beach, for appellees.

FARMER, Judge.

This case presents the issue whether a foreclosing mortgagee can serve his out-of-state mortgagor by publication under chapter 49, Florida Statutes (1989), where the mortgagee knows the mortgagor's out-of-state residence address. We hold that if the out-of-state residence is known, the mortgagee must use personal service under section 48.194.

Fidelity sued Robert and Carol Gross to foreclose a mortgage on real property in Palm Beach County....

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