Thomasson v. Money Store/Florida, Inc.

Appellee loaned money to appellants at a rate of interest which exceeded that permitted by the usury statute, Chapter 687, Florida Statutes (1983). Appellee contended that it made the loan pursuant to a commitment to purchase by the Federal National Mortgage Association (FNMA), therefore rendering the loan exempt from the usury statute by operation of Section 687.-03(2)(a)(3). The trial court entered summary final judgment in favor of appellee; we reverse.

First, the affidavit in support of summary judgment demonstrates no more than that the documents attached thereto appear in the files and…