RESOLUTION TRUST CORP. v. NIAGARA ASSET CORP.

No. 91-00677.

598 So.2d 1074 (1992)

RESOLUTION TRUST CORPORATION as Conservator for First Federal Savings and Loan Association of Seminole County, F.A., Appellant, v. NIAGARA ASSET CORPORATION, as the Custodian for FDIC as the Receiver for Goldome, Austin Guirlinger, Lakewood, Ltd., a Florida limited partnership, and Cardinal Industries of Florida, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

May 8, 1992.


Attorney(s) appearing for the Case

George B. Wallace of Moncrief, Reid & Wallace, P.A., Sanford, for appellant.

Michael P. Brundage, Russell S. Bogue, III, and David S. Jennis of Holland & Knight, Tampa, for appellee Niagara Asset Corp.

Richard W. Taylor of Taylor and Early, DeLand, for appellee Austin Guirlinger.

No appearance for appellees Lakewood, Ltd. and Cardinal Industries of Florida, Inc.


PARKER, Judge.

Resolution Trust Corporation as Conservator for First Federal Savings and Loan Association of Seminole County, F.A. (First Federal) appeals a summary final judgment of foreclosure in favor of Goldome, a New York chartered bank, which now has a receiver, Niagara Asset Corporation, a custodian for the Federal Deposit Insurance Corporation. We reverse the summary final judgment of foreclosure, which declares Goldome's recorded mortgage superior to a recorded...

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