GONZALEZ v. NAFH NAT. BANK

No. 3D11-1800.

93 So.3d 1054 (2012)

Vladimir GONZALEZ and Silvana Gonzalez, Appellants, v. NAFH NATIONAL BANK, as Successor FDIC, as Receiver for Metro Bank of Dade County, Appellee.

District Court of Appeal of Florida, Third District.

May 23, 2012.


Attorney(s) appearing for the Case

Aran Correa Guarch & Shapiro, Julio C. Bertemati and Jason Bravo , for appellants.

Sapurstein & Bloch and Bertram A. Sapurstein , for appellee.

Before WELLS, C.J., and SHEPHERD and ROTHENBERG, JJ.


WELLS, Chief Judge.

Silvana Gonzalez appeals from a summary final judgment of foreclosure claiming that the court below erred in striking her sole affirmative defense which would have precluded entry of judgment against her. We affirm in part and reverse in part for the reasons that follow.

This is an action to foreclose a mortgage and to collect on a promissory note, both of which admittedly were executed by Silvana Gonzalez and her husband, Vladimir. After...

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