Legal Opinion

Friedman v. Mercantil Commercebank, N.A.

District Court of Appeal of Florida

Decided February 15, 2017No. 3D15-2352Published

1Opinion of the CourtEmas, J.

Richard N. Friedman appeals an amended final deficiency judgment entered in favor of Mercantile Commerce Bank in the amount of $364,740.56 plus interest. We affirm.

The case was originally filed as a foreclosure action against Friedman and his wife, Marjan Nini Friedman, relating to property owned by the Friedmans in Miami-Dade County. However, on the day of trial, the parties reached a settlement. Pursuant to the terms of that settlement, Mercantile agreed to accept a deed in lieu of foreclosure, and reserved the right to seek a deficiency. Friedman reserved the right to assert any defenses…

2Cases cited10 opinions

  1. Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
  2. Morgan v. KellyDistrict Court of Appeal of Florida · 1994
  3. Smith v. DEPT. OF HEALTH & REHAB. SERVS.Supreme Court of Florida · 1991
  4. Community Bank of Homestead v. ValoisDistrict Court of Appeal of Florida · 1990
  5. Latin American Benefit Center, Inc. v. JohstoneauxDistrict Court of Appeal of Florida · 1972

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