GMAC Mortgage, LLC v. Edward Whiddon, Holly Whiddon
District Court of Appeal of Florida
1Opinion of the CourtOsterhaus, J.
GMAC Mortgage, LLC appeals from orders dismissing its foreclosure action with prejudice, cancelling the mortgage and note, and preventing it from filing another foreclosure action against Appellees Edward and Holly Whiddon. We affirm the dismissal order in part,- but otherwise reverse the orders because the trial court did not make the requisite factual findings supporting its orders under Kozel v. Ostendorf, 629 So.2d 817 (Fla.1993), and because a mortgagee is permitted to file a new foreclosure action against a mortgagor who has successfully defended against a prior foreclosure action, if…
2Cases cited12 opinions
- Canakaris v. CanakarisSupreme Court of Florida · 1980
- Kozel v. OstendorfSupreme Court of Florida · 1994
- Delno v. Market St. Ry. Co.Court of Appeals for the Ninth Circuit · 1942
- Ham v. DunmireSupreme Court of Florida · 2004
- Singleton v. Greymar AssociatesSupreme Court of Florida · 2004
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