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WRH MORTGAGE, INC. v. BUTLER

No. 96-0181.

684 So.2d 325 (1996)

WRH MORTGAGE, INC., et al., Appellant, v. Michael B. BUTLER, et al., Appellee.

District Court of Appeal of Florida, Fifth District.

December 20, 1996.

Attorney(s) appearing for the Case

David F. Wilsey of Fisher and Wilsey, P.A., St. Petersburg, for Appellant WRH Mortgage, Inc.

Judith A. English, Alfred A. Colby, John A. Greco of Ketchey Horan, Tampa, for Appellant Castleton Capital Corporation, LLC.

Berry J. Walker, Jr. of Walker and Associates, Attorneys, P.A., Maitland, for Appellees Michael B. Butler, M. Jean Butler and Michael B. Butler, M.D., P.A.

Robert W. Anthony, John A. Taylor of Warlick, Fassett & Anthony P.A., Orlando, for Appellee Evelyn Denson.

ANTOON, Judge.

WRH Mortgage, Inc. (WRH), appeals a summary final judgment in favor of Michael and Jean Butler in this mortgage foreclosure action. The trial court ruled that section95.281, Florida Statutes (1995), extinguished WRH's right to foreclose on the Butler's mortgage five years after the debt secured by the mortgage became due. We reverse because 12 U.S.C. § 1821 (1995) preempts section 95.281 and grants WRH, an assignee of the Resolution Trust Corporation...

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