Brook v. Pasternak

We reverse the trial court’s order granting summary final judgment of foreclosure because, as appellant correctly contends, there exists a material issue of disputed fact. See Fla.R.Civ.P. 1.510(c). If the $6,136, designated “prepaid finance charge” in the lender’s mandatory disclosure statement, was indeed prepaid interest as the appellant contends, the interest rate charged would be in excess of eighteen per cent per annum and usurious as defined by section 687.02(1), Florida Statutes (1985). See Swanson v. Gulf West International Corp., 429 So.2d 817 (Fla. 2d DCA 1983); see also Rebman v.…