TAYLOR v. FIRST NATIONAL BANK OF CHICAGO

No. 4D00-197.

789 So.2d 480 (2001)

Rodney B. TAYLOR and Linda L. Taylor, his wife, etc., et al., Appellants, v. FIRST NATIONAL BANK OF CHICAGO, trustee under that certain pooling and servicing agreement dated as of September 1, 1995, for RTC mortgage pass-through certificates, series 1995-2, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 2001.


Attorney(s) appearing for the Case

Richard W. Glenn of Glenn, Tittle & Kairalla, P.A., West Palm Beach, for appellants.

Donna S. Glick of Law Offices of David J. Stern, P.A., Plantation, for appellee.


PER CURIAM.

Rodney and Linda Taylor appeal from a final summary judgment of foreclosure entered in favor of appellee. We reverse.

Appellants argue, and we agree, that their affidavits filed in opposition to appellee's motion for summary judgment raise a genuine issue of material fact as to the breach of the mortgage agreement and as to the amount due, if any, under the mortgage. Accordingly, we reverse the final summary judgment. On remand, appellants shall...

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