Conde v. OFS Equities, Inc.

Pursuant to the determination in OFS Equities, Inc. v. Conde, 421 So.2d 651 (Fla. 3d DCA 1982), that this action is governed by Colorado law, the lower court, after a new trial, held that the subject loan transaction was enforceable and entered a final judgment of foreclosure in favor of the plaintiff lender. The defendant Conde, who was a guarantor of the loan, appeals.

The parties have mooted several difficult questions as to whether, as originally structured, the loan was usurious under the applicable Colorado statutes. See Colo. Rev.Stat. §§ 5-3-605, 5-12-103, 18-17-101 to -109…