ROTHSCHILD RESERVE INTERN., INC. v. SILVER

No. 4D01-5068.

830 So.2d 224 (2002)

ROTHSCHILD RESERVE INTERNATIONAL, INC., Appellant, v. Constance S. SILVER, as the sole trustee of the Marjorie T. Silver Revocable Trust of 1992, Appellee.

District Court of Appeal of Florida, Fourth District.

November 13, 2002.


Attorney(s) appearing for the Case

James M. McCann of Akerman, Senterfitt & Eidson, P.A., West Palm Beach, for appellant.

Manuel Farach of Nason, Yeager, Gerson, White & Lioce, P.A., West Palm Beach, for appellee.


KLEIN, J.

Section 697.01(1), Florida Statutes (2000) provides that all instruments of writing, conveying property for the purpose of securing the payment of money, are deemed mortgages subject to foreclosure. The trial court held that this statute does not apply when a deed is given to secure the payment of money as part of a settlement of a mortgage foreclosure action. We affirm.

Appellant Rothschild, the borrower, purchased a home from appellee for $600...

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