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TAYLOR v. FIRST NAT. BANK OF CHICAGO

No. 4D04-629.

908 So.2d 565 (2005)

Rodney TAYLOR and Linda Taylor, Appellants, v. FIRST NATIONAL BANK OF CHICAGO, Appellee.

District Court of Appeal of Florida, Fourth District.

August 10, 2005.

Attorney(s) appearing for the Case

Richard W. Glenn, West Palm Beach, for appellants.

Forrest G. McSurdy of Stern & McSurdy, P.A., Law Offices of David J. Stern, P.A., Plantation, for appellee.

WARNER, J.

The Taylors appeal a final judgment denying First National Bank of Chicago's complaint to foreclose the mortgage on their home but ordering the Taylors to pay the bank monies on the mortgage, essentially rewriting the loan instruments. We affirm the final judgment to the extent it denied foreclosure, but reverse that portion of the final judgment that rewrote the terms of the mortgage.

First National Bank of Chicago filed an action to foreclose...

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