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WVMF FUNDING v. PALMERO

No. SC19-1920.

320 So.3d 689 (2021)

WVMF FUNDING, as Successor to OneWest Bank, FSB, Petitioner, v. Luisa PALMERO, et al., Respondents.

Supreme Court of Florida.

June 24, 2021.

Attorney(s) appearing for the Case

William P. McCaughan of Law Office of William P. McCaughan, Key Biscayne, Florida; Joshua H. Threadcraft of Burr & Forman LLP, Birmingham, Alabama; and Jonathan B. Morton , Mallory M. Cooney , and Joshua C. Carpenter of K & L Gates LLP, Miami, Florida, for Petitioner.

Jeffrey M. Hearne and Maxine M. Long of Legal Services of Greater Miami, Inc., Miami, Florida; Jacqueline C. Ledón of J. Muir & Associates, P.A., Miami, Florida; and Juan M. Carrera of Carrera & Amador, P.A., Miami, Florida, for Respondents.

Lynn Drysdale of Jacksonville Area Legal Aid, Inc., Jacksonville, Florida; and Julie Nepveu of AARP Foundation, Washington, District of Columbia, for Amici Curiae AARP, AARP Foundation, and Jacksonville Area Legal Aid, Inc.

The decision on review presents the legal questions of whether, in a foreclosure action, the terms of the mortgage and note must be construed together and, if so, in the event of a conflict between the two documents, which prevails. We answered both of these questions long ago, holding that the mortgage must be read alongside the note...

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