White v. Mid-State Federal Savings & Loan Ass'n

It is clear that in Florida there is a right of re-foreclosure against an omitted junior mortgagee. Quinn Plumbing Co. v. New Miami Shores Corp., 100 Fla. 413, 129 So. 690 (1930). However, I think the order on the motion for summary judgment was improper in requiring payment of accrued interest past the date of the first foreclosure.

This appeal is from a final summary judgment of foreclosure against White, an omitted junior mortgagee. Earlier Mid-State foreclosed on the real property, but omitted to join White. Mid-State purchased the property at the first foreclosure sale on November 25,…