Farah v. Iberia Bank

SCHWARTZ, Senior Judge.

The final judgment of mortgage foreclosure on appeal unauthorizedly and contrary to Form 1.996, promulgated by the Florida Supreme Court for such actions, provides “for which let execution issue,” upon the amounts due on the underlying debt. As in American General Finance, Inc. v. Graves, 621 So.2d 585 (Fla. 5th DCA 1993), 1 those words are stricken from the judgment under review, which is otherwise affirmed.

The effect and purpose of this ruling is to prevent the circumvention of the process required to establish the right to a deficiency judgment, which prominently…