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BARNES v. RESOLUTION TRUST CORP.

No. 94-2211.

664 So.2d 1171 (1995)

James T. BARNES, and Loretta C. Barnes, Appellants, v. RESOLUTION TRUST CORPORATION, as Receiver for City Federal Savings Bank, f/k/a City Federal Savings and Loan Association, Appellee.

District Court of Appeal of Florida, Fourth District.

December 27, 1995.

Attorney(s) appearing for the Case

Philip J. Gouze of Philip J. Gouze, P.A., Fort Lauderdale, for appellants.

James D. Keegan of Faber & Gitlitz, P.A., Coral Gables, for appellees.

SHAHOOD, Judge.

Second mortgagees, James and Loretta Barnes, appeal a final judgment of mortgage foreclosure in favor of Resolution Trust Corporation ("RTC"), receiver for City Federal Savings Bank. We affirm.

The Barneses sold property to James and Florence Marsh who executed a mortgage and promissory note in the amount of $161,000.00 in favor of City Federal Savings Bank. At the closing, the Marshes also executed a second mortgage in the amount of $24,373...

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