Family Bank v. Able Realty of America Corp.

FARMER, Judge.

The mortgagee appeals a final order setting aside an earlier final judgment foreclosing a mortgage. The order was based essentially on equitable considerations. Although the trial judge cited the doctrine of merger of estates to support his ultimate decision, it is clear that his decision rested on certain conduct by the foreclosing mortgagee.

We agree with the mortgagee that the rigid common law doctrine of merger has been changed by the supreme court and will no longer be applied as this judge would have done as an absolute bar to foreclosure.1 *1323Nevertheless we affirm the denial…