Morse v. CITY FEDERAL SAV. & LOAN ASS'N

ORDER OF PARTIAL SUMMARY JUDGMENT

ROETTGER, District Judge.

THIS CAUSE is before the court on the parties’ Joint Motion for Partial Summary Judgment.

In 1974, Boca Raton Federal Savings and Loan Association (“defendant”) lent money pursuant to a promissory note and mortgage which encumbered a parcel of investment property in Broward County, Florida. The plaintiff acquired the parcel through mesne conveyance in 1978 and assumed the mortgage.

In April of 1982, the plaintiff entered into a contract to sell the subject real property to third persons who are not parties to this litigation. The terms…