Legal Opinion

Garal Corp. v. Poceiro

District Court of Appeal of Florida

Decided November 17, 2004No. 3D04-1113Published

1Opinion of the Court

SHEVIN, Judge.

Garal Corporation appeals a summary final judgment of foreclosure. We reverse.

Garal owned two condominiums, Ocean Walk and Royal Springs, encumbered by one mortgage. The Ocean Walk condominium association foreclosed its lien on that condominium when Garal failed to pay the maintenance fees. Pociero and Alvarez (collectively “Pociero”) purchased the Ocean Walk property at foreclosure sale. Subsequently, the mortgagee instituted foreclosure proceedings when Garal failed to remit the mortgage payments. Pociero paid the entire mortgage debt to protect his property interest. Pociero…

2Cases cited5 opinions

  1. DeCespedes v. Prudence Mut. Cas. Co. of Chicago, Ill.District Court of Appeal of Florida · 1966
  2. Trueman Fertilizer Co. v. AllisonSupreme Court of Florida · 1955
  3. Meckler v. WeissSupreme Court of Florida · 1955
  4. Price v. ScharpsDistrict Court of Appeal of Florida · 1981
  5. Royal Administration, Inc. v. Hannover Life Reassurance Co. of AmericaDistrict Court of Appeal of Florida · 2003

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