Johnson v. Barnett Bank of Cocoa, N.A.

WALDEN, Chief Judge.

Defendant appeals the dismissal with prejudice by the trial court of his affirmative defenses and crossclaim against plaintiff bank in a foreclosure action. We reverse the dismissal with directions that defendant’s affirmative defenses and cross-claims be reinstated.

Defendant sold all his stock in Cedars Condominium Apartments to NFC Mortgage Corporation. Defendant took back a mortgage from NFC. Plaintiff made a construction loan to Cedars Condominium Apartments and defendant personally guaranteed that construction loan. Plaintiff brought suit to foreclose the construction…