Cagwin v. Thrifty Rents, Inc.
District Court of Appeal of Florida
1Opinion of the Court
CASANUEVA, Judge.
Linda Cagwin appeals a final judgment of foreclosure entered in favor of Thrifty Rents, Inc., on Thrifty Rents’ motion for summary judgment. We reverse and remand for further proceedings.
I. FACTS AND PROCEDURAL HISTORY
Ms. Cagwin and Claude Miranda 1 executed a promissory note and mortgage in favor of Thrifty Rents. Thrifty Rents filed a foreclosure complaint on May 28, 2014, alleging that the loan was in default and all payments were due and owing since December 1, 2011. The borrowers filed an answer and affirmative defenses, including an allegation that payments had been…
2Cases cited12 opinions
- Applegate v. Barnett Bank of TallahasseeSupreme Court of Florida · 1979
- Zarate v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
- Taylor v. Bayview Loan Servicing, LLCDistrict Court of Appeal of Florida · 2011
- Fatherly v. California Federal Bank, FSBDistrict Court of Appeal of Florida · 1997
- Gonzalez v. Deutsche Bank National Trust Co.District Court of Appeal of Florida · 2012
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3Cited by1 opinion
- THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018