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ONE 79TH STREET ESTATES v. AM. INV. SERVS.

No. 3D09-3134.

47 So.3d 886 (2010)

ONE 79TH STREET ESTATES, INC. and Darrell Wilson a/k/a Keith D. Wilson, a single man; Po Boy Realty Investment, Inc., Appellants, v. AMERICAN INVESTMENT SERVICES, Appellee.

District Court of Appeal of Florida, Third District.

October 27, 2010.

Attorney(s) appearing for the Case

Dorothy F. Easley , Miami, for appellants.

Mark Evans Kass , Miami, for appellee.

Before RAMIREZ, C.J., and GERSTEN and SALTER, JJ.

SALTER, J.

One 79th Street Estates, Inc., Po Boy Realty Investments, Inc., and their president, Mr. Wilson, appeal a final summary judgment of foreclosure on a commercial mortgage loan for $759,600, documented in June 2006. Because the appellee/lender, American Investment Services (AIS), accepted a very substantial paydown after an initial payment default and acceleration, and because of the conflicting terms of documents offering reinstatement of the mortgage

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