BARCLAY v. ROBERT C. MALT & CO., INC.

No. 4D07-3104.

985 So.2d 53 (2008)

Pamela A. BARCLAY, Appellant, v. ROBERT C. MALT & CO., INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 24, 2008.


Attorney(s) appearing for the Case

Larry E. Bray of Law Offices of Larry E. Bray, P.A., Lake Worth, for appellant.

Richard S. Tolbert, West Palm Beach, for appellee.


MAY, J.

To quiet title or not to quiet title: that was the question posed to the trial court. The trial court granted the lender's motion for summary judgment on his claim to quiet title as to the legal title holders of the property. We reverse.

The material facts are undisputed. The lender conveyed the property to the borrower by special warranty deed in 1989. In return, the borrower executed a first and second mortgage in favor of the lender. The borrower...

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