514 So. 2d 371

William A. NESBITT, Appellant, v. CITICORP SAVINGS OF FLORIDA, a Federal Savings and Loan Association, Appellee.

No. 86-1381.

District Court of Appeal of Florida, Third District.

Sept. 1, 1987.

Kenny Nachwalter & Seymour and Thomas D. Hall, Miami, for appellant.

Horton, Perse & Ginsberg and Edward A. Perse, Miami, and Fried & Lasky, for appellee.

Before HENDRY, NESBITT and FERGUSON, JJ.

PER CURIAM.

Although usury in the underlying obligation is a valid defense to a mortgage foreclosure, the defense is not available to *372a subsequent owner of the property who is not a party to the allegedly usurious contract and who took the encumbered property subject to the mortgage. Spinney v. Winter Park Bldg. & Loan Ass’n., 120 Fla. 458, 162 So. 899 (1935); Zimmerman v. Hill, 100 So.2d 432 (Fla. 3d DCA 1958). Nothing in the usury statutes, chapter 687, Florida Statutes (1985), supports the argument of the appellants that the controlling cases have been legislatively overruled.

We affirm the final judgment of foreclosure.

Nesbitt v. Citicorp Savings of Florida
514 So. 2d 371

Case Details

Name
Nesbitt v. Citicorp Savings of Florida
Decision Date
Sep 1, 1987
Citations

514 So. 2d 371

Jurisdiction
Florida

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