UNITED STATES FREEDOM TOWER, INC., A FLORIDA CORPORATION, APPELLANT,
v.
CITIBANK, N. A., APPELLEE
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United States Freedom Tower, Inc. appealed a summary judgment of mortgage foreclosure entered by the trial court in favor of Citibank, N.A. The appellate court affirmed the foreclosure, finding that the mortgagor was in default for failure to pay interest installments and real estate taxes, and that defendant failed to present evidence creating a genuine issue of material fact.
The trial court properly entered summary judgment because the defendant failed to present counter-affidavits or other evidence creating a genuine issue of material fact regarding the alleged $275,000 payment or the existence of default. The defendant was given credit for the payment but it did not cure the prior defaults for unpaid interest and unpaid real estate taxes.
[1] A summary judgment of foreclosure is properly entered when the defendant fails to present counter-affidavits or evidence demonstrating a genuine issue of material fact re…
[2] A mortgagor's failure to pay real estate taxes constitutes a default under the mortgage agreement, entitling the mortgage holder to enforce the provision.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The consolidated indebtedness was in default at the time of filing the original Complaint and is presently in default because the installments of interest due from and after April 20, 1976, were not paid and for failure to make payment of the real estate taxes due for the year 1976 by failing to provide Plaintiff with paid tax receipts therefor on or before March 10, 1977.”
The trial court's finding of default, which the defendant failed to dispute with sufficient evidence
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCitibank brought a mortgage foreclosure action against United States Freedom Tower, Inc. The trial court granted summary judgment for foreclosure, fin…
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PER CURIAM.
Appellant United States Freedom Tower, Inc., was the defendant in the trial court to a mortgage foreclosure action brought by appellee Citibank, N.A. These appeals are from a summary final judgment of foreclosure and an order denying defendant’s motion to set aside the foreclosure sale. The matter was briefed and heard as a consolidated appeal. All of the points presented on appeal by the defendant go to the propriety of the summary judgment of foreclosure. The appeal from the order denying defendant’s motion to set aside and vacate the foreclosure sale has not been argued.
The defendant has presented nine points, all of which have been considered by the court. In the interest of economy of space and time, only the following need be discussed.
It is urged that the summary judgment was erroneously entered because there was an issue of fact concerning the payment by the mortgagor of $275,000 on October 19, 1976. There was before the trial court at the time of the hearing of the summary judgment the pleadings in the case and an affidavit of the plaintiff with regard to the indebtedness. No depositions had been taken and no counter-affidavits were presented by the defendant. Nevertheless, we have examined the affidavit of indebtedness and find that the defendant was given credit for the payment of $275,-000 made October 19, 1976.
In arguing that there was actually no default, the defendant has failed to show any portion of the record which supports his position that there was an issue of fact in the following finding of the trial court:
“The consolidated indebtedness was in default at the time of filing the original Complaint and is presently in default because the installments of interest due from and after April 20, 1976, were not paid and for failure to make payment of the real estate taxes due for the year 1976 by failing to provide Plaintiff with paid tax receipts therefor on or before March 10, 1977.”
The covenant of a mortgagor to pay real estate taxes is a contract right conferred upon the mortgage holder and gives the holder the right to enforce this provision upon the mortgagor’s default. See Campbell v. Werner, 232 So. 2d 252, 255 (Fla. 3d DCA 1970).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gen. Storage Corp. v. Fed. Deposit Ins. Corp., 594 So. 2d 875 (Fla. 3d DCA 1992)…dit. We have not overlooked General Storage Corporation’s contrary arguments, but we are not persuaded thereby. Lufthansa German Airlines Corp. v. Mellon, 444 So. 2d 1066, 1067 (Fla. 3d DCA 1984); United States Freedom Tower, Inc. v. Citibank, N.A., 372 So. 2d 124 (Fla. 3d DCA 1979), cert. denied, 386 So. 2d 643 (Fla.1980); Reflex, N.V. v. Umet Trust, 336 So. 2d 473, 475 (Fla. 3d DCA 1976). There is also a cross appeal by the Federal Deposit Insurance Corporation, as the receiver/liquidator of Creditbank, f…
Authorities Cited
- Campbell v. Werner, 232 So. 2d 252 (Fla. 3d DCA 1970)
- The City OF Pensacola v. Blanchard, 232 So. 2d 252 (Fla. 1st DCA 1970)