Murray v. Fleet Mortgage Corp.

CRANE, Presiding Judge.

Plaintiff, Louise Murray, individually and as a representative of a class, brought an action against defendant Fleet Mortgage Corp. (Fleet) to recover a statutory penalty under § 443.130 on the grounds that Fleet failed to deliver a release of a deed of trust within thirty days after a request and tender of costs. The trial court granted summary judgment in Fleet’s favor for the reason that Murray did not tender to Fleet the required costs for release of the deed of trust. It dismissed the class action without prejudice because there was no class representative to…