Fogg v. Southeast Bank, N.A.

OPINION OF THE COURT

THOMAS E. SHOLTS, Circuit Judge.

This cause was heard on May 1, 1984 upon the parties’ cross motions for summary judgment. Having reviewed the pleadings, depositions, affidavits, and exhibits of record, considered the parties’ memoranda of law, and heard argument of counsel, and being otherwise fully advised, the Court finds that:

1. Both parties agree that the primary legal issue for determination by the Court is whether Section 697.05, Florida Statutes (the “balloon mortgage statute”) applies to the mortgage held by Southeast Bank.

*22. At the time the Plaintiff executed the…