Security First Federal Savings & Loan Ass'n v. Chamberlain
This text of 482 So. 2d 433 (Security First Federal Savings & Loan Ass'n v. Chamberlain) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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AFFIRMED on the authority of Security First Federal Savings & Loan Association v. Jarchin, 479 So.2d 767 (Fla. 5th DCA 1985). In response to the proposed dissent in the concurring opinion herein, we point out the inherent illogic in an interpretation of the disputed clause that concludes that a conveyance, even with the consent of the mortgagee, could trigger foreclosure absent an assumption in regular form. Obviously, a conveyance agreed to by all parties cannot result in foreclosure. Therefore, if the provision in regard to an assumption in regular form is not mere sur-plusage, the only logical function it serves is to negate the necessity for the mortgagor to obtain the mortgagee’s consent to a conveyance.
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482 So. 2d 433, 11 Fla. L. Weekly 62, 1985 Fla. App. LEXIS 17403, Counsel Stack Legal Research, https://law.counselstack.com/opinion/security-first-federal-savings-loan-assn-v-chamberlain-fladistctapp-1985.