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WOLK v. RESOLUTION TRUST CORP.

No. 91-2156.

608 So.2d 859 (1992)

Steven Jay WOLK, Stephen Wolk, etc., and Helen Jane Wolk, Appellants, v. The RESOLUTION TRUST CORPORATION, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 3, 1992.

Attorney(s) appearing for the Case

Steven J. Wolk, Maitland, for appellants.

No appearance for appellee, The Resolution Trust Corp.

David A. Jones and Thomas B. Smith of Maguire, Voorhis & Wells, P.A., Orlando, for appellee Jules S. Cohen.

COWART, Judge.

Cohen, an attorney, sold an apartment complex, subject to a mortgage, to appellants, Steven Jay Wolk, an attorney, and Wolk's parents. The son acted as attorney for his parents in the transaction. The contract of sale provided in part that the conveyance was:

(b) Subject to AND assumption of Mortgage in favor of American Pioneer Savings ... having an approximate present principal balance of...

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