EARLIE A. ROACH, FRANCE N. ROACH, ET AL., APPELLANTS,
v.
FEDERAL NATIONAL MORTGAGE CORPORATION, APPELLEE

Fla. 5th DCA | 1994-08-19
Nos. 93-728, 93-1026 and 93-1057 to 93-1062
HARRIS, C.J., and GRIFFIN, J., concur.
641 So. 2d 186 Florida District Court of Appeal, Fifth District (1994) Positive Treatment
Cited by 2 cases
Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

Consistent with this court’s recent decision in James v. Nationsbank Trust Co. Nat. Ass’n, 639 So. 2d 1031 (Fla. 5th DCA 1994), we remand this cause to the trial court for further proceedings with regard only to the issue of whether appellants were fraudulently induced to sign the notes and mortgages which are the subject of each of their foreclosures and, if so, whether appellee ever attained the status of a holder in due course.

AFFIRMED in part; REVERSED in part; REMANDED.

HARRIS, C.J., and GRIFFIN, J., concur.

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  • Najera v. Nationsbank Tr. Co., N.A., 707 So. 2d 1153 (Fla. 5th DCA 1998)
    …d Anita Najera appeal from a final summary judgment of foreclosure by NationsBank Trust Company. The defenses of fraud and misrepresentation raised by the Najeras in this record are similar to those in Roach v. Federal National Mortgage Corporation, 641 So. 2d 186 (Fla. 5th DCA 1994) and James v. Nationsbank Trust Company (Fla. Nat. Ass’n), 639 So. 2d 1031 (Fla. 5th DCA 1994). We think there are issues of material fact in the record, which should not have been disposed of by summary judgment, and accordingly,…

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